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U.S. District Judge Dan Polster in Cleveland, Ohio picked three lawsuits by municipalities and counties in the state to be the first cases against drug manufacturers and distributors to face a jury in the sprawling litigation. The lawsuits accuse the drugmakers of deceptively marketing opioids and allege that drug distributors ignored red flags indicating the painkillers were being diverted for improper uses. In 2016, 42,000 people died from opioid overdoses, according to the U.S. Centers for Disease Control and Prevention. The defendants include opioid manufacturers Purdue Pharma LP, Johnson & Johnson , Teva Pharmaceutical Industries Ltd. and Endo International Plc and drug distributors AmerisourceBergen Corp., Cardinal Health Inc and McKesson Corp. They have denied wrongdoing. Polster, who is overseeing at least 433 lawsuits largely by cities and counties, has been pushing for a global settlement and has invited state attorneys general with state court cases or probes not before him to participate in those talks. But roadblocks have emerged, and Polster in a ruling on Wednesday said the companies have “asserted forcefully that they cannot reach final settlement without litigating certain matters.” He said his scheduling order was intended to “address this impediment.” The March 18, 2019 trial date will put the Ohio cases ahead of a May 2019 trial previously scheduled in a lawsuit by Oklahoma’s attorney general in state court.
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