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Ohio Court Rejects Class-Action Status of OxyContin Suit
December 20, 2004

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News Summary

In a split decision, the Ohio Supreme Court removed the class-action status from a lawsuit that accused OxyContin maker Purdue Pharma of over-promoting the painkillers, the Lexington Herald-Leader reported Dec. 16.

The ruling overturns a 2002 decision by a trial court in Butler County. With class-action status, Purdue Pharma could have faced a huge damages verdict that encompassed every Ohio resident who claimed physical or emotional harm from the drug.

"We are gratified that the Ohio Supreme Court followed the law with respect to class certification and ruled in our favor," said Howard Udell, an executive vice president and chief legal officer at Purdue Pharma.

David Ewing, a Louisville trial lawyer, said he and other lawyers representing the plaintiffs are considering whether to ask for a reconsideration of the ruling.

"If you add up the judges, more said it should be certified as a class action than didn't -- the trial judge, the appeals court, and three of the seven Supreme Court justices," Ewing said. "But Purdue had the four justices that mattered."

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