R-2.2.0.0.01 - Opioid-related Damages and Health Care Costs Recovery Act

Section 25 Disposition versions

2023-11-02

25. In apportioning liability under section 24, the court may consider any factor it considers relevant, including

(1)  the length of time a defendant engaged in the conduct that caused or contributed to the risk;

(2)  a defendant’s market share in the type of opioid products that caused or contributed to the risk;

(3)  the degree of potency of the type of opioid products manufactured or promoted by a defendant;

(4)  the sums spent by a defendant on promoting the type of opioid products that caused or contributed to the risk;

(5)  the degree to which a defendant collaborated or participated with other manufacturers, wholesalers or consultants in any conduct that caused, contributed to or aggravated the risk;

(6)  the extent to which a defendant conducted tests and studies to determine the health risk resulting from exposure to the type of opioid products involved;

(7)  the extent to which a defendant assumed a leadership role in manufacturing or promoting the type of opioid products involved;

(8)  the efforts a defendant made to warn health professionals and the public about the health risks resulting from exposure to the type of opioid products involved;

(9)  the extent to which a defendant continued manufacturing or promoting the type of opioid products involved after it knew or ought to have known of the health risks resulting from exposure to that type of product;

(10)  the extent to which a defendant continued promoting the type of opioid products involved after it knew or ought to have known that the amount or dosage of the type of product promoted did not reasonably reflect the health needs of the health care recipients who were likely to be exposed to that type of product; and

(11)  the affirmative steps that a defendant took to reduce the health risks resulting from exposure to the type of opioid products involved.

2023, c. 25, s. 25.