‘Extreme Disappointment’: Father Who Testified In Opioid Trial Reacts To State Supreme Court's Reversal

A man who testified against Johnson & Johnson in 2019 said the Oklahoma Supreme Court’s reversal of the $465 million judgment is an “extreme disappointment.” 

Craig Box took the stand in May 2019 to answer questions about his son, Austin Box, who died of an opioid overdose in 2011. The state argued Johnson & Johnson created a public nuisance by deceptively marketing the drugs. 

Cleveland County District Judge Thad Balkman awarded Oklahoma $465 million from the opioid manufacturer. In his judgment, Balkman wrote that a “key” aspect of Johnson & Johnson’s marketing strategy “was its promotion of the concept that chronic pain was undertreated (creating a problem) and increased opioid prescribing was the solution.” 

Following an appeal by the company, the Oklahoma Supreme Court on Tuesday reversed the judgment, citing the public nuisance law used by the state. 

“We do not minimize the severity of the harm that thousands of Oklahoma citizens have suffered because of opioids,” the Supreme Court’s order read. “However grave the problem of opioid addiction is in Oklahoma, public nuisance law does not provide a remedy for this harm.” 

As a result, Johnson & Johnson will no longer pay the state. It stood by its marketing strategies in a statement released Tuesday. 

“We recognize the opioid crisis is a tremendously complex public health issue, and we have deep sympathy for everyone affected. The Company’s actions relating to the marketing and promotion of these important prescription pain medications were appropriate and responsible,” Johnson & Johnson said in a statement. 

The money was planned for drug treatment programs, staffing at state medical agencies, and more. 

Box said he thinks the lack of funding for those programs will cause more harm by addictive drugs. 

“Oklahomans will die,” Box said. The money “wasn’t going to anyone’s pocket. It was going to treat Oklahomans and address this problem and now it’s gone.” 

In honor of his son, Box and his family started the Austin Box 12 Foundation to spread awareness of the dangers of opioid abuse. He said their work at the foundation will continue. 

“The goals we have is to continue to educate the public and try to save one life,” Box said. “If anything, it's probably emboldened our resolve.”