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Traditional Coverage

Broome County officials address opioid lawsuit
Feb 8, 2017 | WBNG CBS
By Monika Hammer

Broome County officials have filed a lawsuit seeking damages from pharmaceutical companies, claiming their practices lead to addiction.
With Millions of Your Tax Dollars Fighting Opioid Abuse in Broome County, Leaders File Suit (VIDEO)
Feb 8, 2017 | TWC News Southeastern Tier NY

Broome County has officially filed a lawsuit against a number of drug manufacturers and four doctors that they claim to have led to the county's growing opioid and heroin epidemic. County Executive Jason Garnar claims the companies used false advertising and deceptive marketing that could have hid the dangers of the drugs.
Drug makers, doctors face Erie County lawsuit
Feb 8, 2017 | Kenton Bee
By Mark Poloncarz

Erie County has opened a new front in the fight against opioid abuse as we seek to use every possible tool we can to stem the tide of the epidemic that claimed more than 300 lives locally in 2016. Recently, I was joined by Erie County Attorney Michael Siragusa, as well as our commissioners of Health and Mental Health to announce that Erie County has filed a civil action against 11 pharmaceutical manufacturers and four doctors for their alleged roles in intensifying the epidemic through deceptive acts and practices, false advertising and fraud. In addition, these entities also profited handsomely as addiction rates and opioid-related fatalities rose across the county and the nation.
Broome County sues opioid manufacturers (UPDATE)
Feb 3, 2017 | Press Connects (part of the USA Today network)
By Hannah Schwarz

Broome County is suing a slew of opioid manufacturers for "deceptive marketing" of the drugs behind the county's opioid epidemic, and is seeking millions of dollars in damages, according to the law firm representing the county, Simmons Hanly Conroy.
Another local lawsuit accuses drug makers of spreading opioid epidemic
Feb 3, 2017 | STAT News
By Ed Silverman

In what is shaping up as a national trend, yet another local government has filed a lawsuit accusing several drug makers of spreading the opioid epidemic by deliberately downplaying risks and improperly encouraging prescribing of the addictive painkillers. And the latest to do so is Erie County, N.Y., in the western-most corner of the state, which includes the city of Buffalo.
Erie County suing opioids makers, prescribing doctors
Feb 3, 2017 | WBFO Buffalo NPR
By Mike Desmond

As the death toll from opioid overdoses continues to rise, Erie County is hitting back with a lawsuit against pharmaceutical makers and doctors who prescribe the drugs. The suit alleges they helped fuel the opioids epidemic, by spreading the falsehood that the medications aren't addictive and potentially lethal.
Erie County to sue pharmaceutical manufacturers over their part in opioid epidemic
Feb 2, 2017 | Buffalo Business Journal
By Michael Petro

Representatives of Erie County say 11 pharmaceutical manufacturers misled doctors and patients into believing that opioid painkillers were not addictive, so they are filing a lawsuit against the drug makers for contributing to the national and local opioid abuse epidemic.
Erie County files lawsuit against drug makers
Feb 2, 2017 | WGRZ NBC Buffalo
By Danny Spewak

Erie County will seek millions of dollars in damages against 11 pharmaceutical companies, including some of the largest drug manufacturers in the country, accusing them in a civil lawsuit of contributing to the opioid epidemic by knowingly pushing highly addictive painkillers to the public.
Landmark Erie County lawsuit against pharmaceutical opioid manufacturers seeks damages for deceptive acts & practices, fraud, false advertising
Feb 2, 2017 | Niagara Frontier Publications

Erie County Executive Mark C. Poloncarz was joined Thursday by Erie County Attorney Michael Siragusa, Erie County Health Commissioner Dr. Gale Burstein, Erie County Mental Health Commissioner Michael Ranney and Paul J. Hanly Jr. of Simmons Hanly Conroy to announce Erie County filed a civil action lawsuit against 11 pharmaceutical manufacturing entities and four individuals for their roles in allegedly exacerbating the opioid epidemic gripping Erie County.
Other counties expected to follow Erie County in suing makers of narcotic painkillers (UPDATE)
Feb 3, 2017 | The Buffalo News
By Sandra Tan

Erie County's lawsuit against pharmaceutical companies represents the first of many expected from other New York State counties angry about "misleading" and "deceptive" marketing of addictive painkillers.
Report: Erie County Suing Pharma Companies Over Opiate Crisis
Feb 2, 2017 | WBEN Buffalo

Erie County is suing 11 major pharmaceutical companies, saying their promotion and manufacture of pain killers makes them liable for the rampant addiction and overdose-related deaths ripping through the region.
Erie County files lawsuit against drug makers
Feb 2, 2017 | WGRZ NY

Erie County has filed a lawsuit against 11 pharmaceutical manufacturers for aggressively marketing opioid pain relievers. The county said in a press release that the drug manufacturers misrepresented the dangers of long-term opiod use to doctors and that the companies allegedly knew that prolonged use of opioids diminished effectiveness and increased the risk of addiction.
Erie County files lawsuit against pharmaceutical companies
Feb 2, 2017 | CBS WKBW Buffalo

In response to the opioid epidemic, Erie County Executive Mark Poloncarz, alongside Health Commissioner Dr. Gale Burstein and representatives from the county law department have announced they are suing 11 pharmaceutical manufacturers for false advertising, which they believe contributed to hundreds of overdose victims in Erie County.

Broadcast Coverage

Fox 40 News at Six
Feb 8, 2017 | WICZ Foc 40 Binghamton, NY

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12 News 6PM
Feb 8, 2017 | WBNG CBS Binghamton, NY

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12 News at Noon
Feb 8, 2017 | WBNG CBS Binghamton, NY

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7 Eyewitness News at 11pm
Feb 2, 2017 | WKBW ABC Buffalo, NY

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Channel 2 News
Feb 2, 2017 | WGRZ NBC Buffalo, NY

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7 Eyewitness News at 6pm
Feb 2, 2017 | WKBW ABC Buffalo, NY

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Channel 2 News at 5:30
Feb 2, 2017 | WGRZ NBC Buffalo, NY

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7 Eyewitness News at 5pm
Feb 2, 2017 | WKBW ABC Buffalo, NY

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Eyewitness News at Noon
Feb 2, 2017 | ABC WKBW Buffalo NY

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News 4 Noon
Feb 2, 2017 | CBS News WIBV Buffalo, NY

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TWC News All Day
Feb 2, 2017 | TIme Warner Cable Buffalo, NY

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Full Text of Stories Below

Traditional Coverage

Broome County officials address opioid lawsuit

Feb 8, 2017 | WBNG CBS

By Monika Hammer

Broome County officials have filed a lawsuit seeking damages from pharmaceutical companies, claiming their practices lead to addiction.
Despite a change in administration in Broome County government, the county is moving forward with the lawsuit. Motions first began in October.
"There was a change in administrations after the election this year this is something I can really get behind," explained County Executive Jason Garnar.
Garnar says the companies are misleading people about long-term risks associated with opioid treatment. The county filed the lawsuit last Wednesday.
"Once the defendants are served they would have the opportunity to either answer I know in other instances they move to dismiss the complaint and the attorneys would respond to that," said Broome County Attorney Robert Behnke.
While they do not have a monetary value yet for damages, Behnke says it could be millions of dollars.
Four doctors are also being sued for acting on behalf of the pharmaceutical industry
12 News reached out out to Purdue Pharmaceuticals and Janssen Pharmaceuticals.
Purdue sent the following statement:
“We share public officials’ concerns about the opioid crisis and we are committed to working collaboratively to find solutions. Although OxyContin accounts for only 2% of all pain-related opioid prescriptions, Purdue is an industry leader in abuse deterrence as we were the first pharmaceutical company to develop an opioid medication with abuse-deterrent properties.”
Janssen sent the following statement:
"Janssen has acted appropriately, responsibly and in the best interests of patients regarding our opioid pain medications, which are FDA-approved and carry FDA-mandated warnings about the known risks of the medications on every product label. We firmly believe the allegations in this lawsuit are both legally and factually unfounded.
At Janssen, we put the needs and well-being of the patients, caregivers and families we serve first. More than 100 million American adults suffer from chronic pain, a significant public health problem that places a tremendous emotional and financial burden on patients and their families. Our opioid pain medications give doctors and patients important choices to help manage the debilitating effects of chronic pain."
Broome County is not the only one to file a lawsuit like this. The county filed the same day as Erie County.
"We need to go after the companies that helped create the opioid epidemic - they're just as culpable as the individuals who are selling drugs on the street," said Erie County Executive Mark Poloncarz.
Garnar says this lawsuit is not costing the county anything. He says the money would be used to help develop new treatment facilities and programs.

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With Millions of Your Tax Dollars Fighting Opioid Abuse in Broome County, Leaders File Suit (VIDEO)

Feb 8, 2017 | TWC News Southeastern Tier NY

Broome County has officially filed a lawsuit against a number of drug manufacturers and four doctors that they claim to have led to the county's growing opioid and heroin epidemic.

County Executive Jason Garnar claims the companies used false advertising and deceptive marketing that could have hid the dangers of the drugs.
Work on the lawsuit began last year under Debbie Preston's administration.
Each year, Broome County spends upward of $6 million on heroin and opioid treatment. Garnar said that number is far too high, and claims these opioid manufacturers are directly to blame.
In fact, the Broome County Sheriff's Office says 50 to 75 percent of public safety resources get taken up by this epidemic.
Garnar said a number of individuals are getting hooked on opioids and later turning to heroin as a result. He says an epidemic requiring this amount of money each year is far too burdening on the county.
"Look at the fiscal crisis we're in here in Broome County. We're looking to recoup and amount of money we can and so I really support going ahead with this lawsuit," Garnar said.
Broome County hasn't named an exact dollar amount that it is seeking, but by one estimate, the lawsuit could end up bring in tens of millions of dollars.

Broome County isn't the only local county to file a lawsuit against these manufacturers. Erie County has also filed a similar suit, naming the same manufactures. Both county executives believe more counties around the country will join in.

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Drug makers, doctors face Erie County lawsuit

Feb 8, 2017 | Kenton Bee

By Mark Poloncarz

Erie County has opened a new front in the fight against opioid abuse as we seek to use every possible tool we can to stem the tide of the epidemic that claimed more than 300 lives locally in 2016. Recently, I was joined by Erie County Attorney Michael Siragusa, as well as our commissioners of Health and Mental Health to announce that Erie County has filed a civil action against 11 pharmaceutical manufacturers and four doctors for their alleged roles in intensifying the epidemic through deceptive acts and practices, false advertising and fraud. In addition, these entities also profited handsomely as addiction rates and opioid-related fatalities rose across the county and the nation.
It is never an easy decision to enter into a lawsuit, especially against large and well-funded companies, but this step is necessary and will put these companies and individuals on notice that their allegedly predatory practices must stop. As the opioid epidemic has swept over Erie County, too many families have become familiar with the overpowering addiction these drugs cause, while many other people were prescribed opioid-related drugs for things such as common aches and pains. Also, many people received longer-term prescriptions than they should have, greatly increasing the likelihood of addiction. It was easy to be lulled into a false sense of security and safety about opioids, as the pharmaceutical manufacturers allegedly engaged in a long-term false advertising campaign to convince the public that they were safe, despite mounting evidence to the contrary.
Much like tobacco lawsuits exposed both the dangers of smoking and the duplicity of the tobacco industry, we believe this lawsuit will demonstrate that drug makers knew the danger of these drugs but sought to profit from them nonetheless. We believe the suit will show that the defendants misled patients and doctors about the appropriate uses, risks and safety of opioids, and that they knew opioids are too addictive and too debilitating for long-term use for chronic non-cancer pain, and that with prolonged use, the effectiveness of opioids wanes, requiring increases in doses to achieve pain relief and greatly increasing the risk of significant side effects and addiction.
Yet despite having this knowledge, the defendants allegedly worked to create a false perception of opioids’ safety in the minds of medical professionals and the public. While we cannot change the past, we can hold accountable those responsible for creating this terrible nationwide epidemic.

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Broome County sues opioid manufacturers (UPDATE)

Feb 3, 2017 | Press Connects (part of the USA Today network)

By Hannah Schwarz

Broome County is suing a slew of opioid manufacturers for "deceptive marketing" of the drugs behind the county's opioid epidemic, and is seeking millions of dollars in damages.
Filed Wednesday in state Supreme Court on behalf of Broome and Erie counties, the suit alleges multiple companies, including Purdue Pharma L.P. and Janssen Pharmaceuticals Inc., engaged in "deceptive acts and practices, false advertising, public nuisance, violation of New York Social Services laws, fraud and unjust enrichment," according to a statement released by the firm.
"These companies, beginning around 1994, embarked on a campaign to basically mislead prescribing physicians about the addictive characteristics of these narcotics," said Paul Hanly, firm shareholder and lead counsel on the case, in an interview Friday.
"The companies essentially created a whole bunch of false marketing and pseudo-science that suggested that as long as you were taking these medications for actual physical pain, and not to get high, you would not get addicted. And that’s just simply false," Hanly said.
The suit mirrors one filed on behalf of Suffolk County in August by the same law firm.
Purdue Pharma asked the judge in that case to dismiss the suit, a usual strategy for defendants in these types of cases, Hanly said. He expects the defendants in this case will also ask for a dismissal.
Former Broome County Executive Debbie Preston's administration reached out to Simmons Hanly Conroy after the Suffolk suit was filed, as did Erie, Nassau and Schenectady counties, Hanly said.
The county said in October it was in talks with the Manhattan-based lawyers.
Broome weighs lawsuit against opioid drugmakers
Jessica Castles Smith, a spokesperson for Janssen Pharmaceuticals Inc., said the company's products carry FDA-mandated warnings about known risks on every label, and that its opioid medications "give doctors and patients important choices to help manage the debilitating effects of chronic pain."
"We firmly believe the allegations in this lawsuit are both legally and factually unfounded," she said via email.
A representative from Purdue Pharma said in an emailed statement the company shares "public officials’ concerns about the opioid crisis ... Although OxyContin accounts for only 2 percent of all pain-related opioid prescriptions, Purdue is an industry leader in abuse deterrence, as we were the first pharmaceutical company to develop an opioid medication with abuse-deterrent properties.”
Broome County Executive Jason Garnar applauded the lawsuit, saying "whether it’s law enforcement or treatment, (the opioid epidemic) is a tremendous cost to the taxpayers. ... The intent of this lawsuit is to hold the pharmaceutical companies and doctors who misled the public on the harmful effects of these drugs responsible."
Opioid manufacturers may be facing more legal battles. In late 2015, the City of Chicago sued six pharmaceutical companies, claiming they overstated the drugs' benefits and failed to properly disclose their risks.
Purdue has settled to the tune of tens and hundreds of millions of dollars in similar cases. In 2007, it agreed to a $19.5 million settlement with 26 states. It pleaded guilty that same year in a federal case that resulted in $600 million in fines and fees. In 2015, it settled a case with the state of Kentucky for $24 million.
Broome is also suing four doctors who it says acted on behalf of the pharmaceutical industry to share information with the medical community they knew to be false.
Alexis Pleus of the nonprofit advocacy organization TruthPharm applauded what she called Broome's "aggressive approach" in seeking to hold pharmaceutical companies accountable for problems that arise from opioid addiction.
"Once the financial relief arrives, it would seem appropriate to have the funds go directly to providing addiction treatment and prevention," she said.

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Another local lawsuit accuses drug makers of spreading opioid epidemic

Feb 3, 2017 | STAT News

By Ed Silverman

In what is shaping up as a national trend, yet another local government has filed a lawsuit accusing several drug makers of spreading the opioid epidemic by deliberately downplaying risks and improperly encouraging prescribing of the addictive painkillers. And the latest to do so is Erie County, N.Y., in the western-most corner of the state, which includes the city of Buffalo.
The lawsuit alleged that four companies — Purdue Pharma, Johnson & Johnson’s Janssen unit, Teva Pharmaceuticals, and Endo International — caused the county government to spend millions of dollars each year in its efforts to combat the epidemic. The lawsuit, which was filed in state court in New York, also named four physicians, who purportedly assisted the drug makers.
“These drug makers and their enablers in the medical community were aware of the significant dangers posed by opioid prescription medications, yet that did not stop them from continuing to push opioids and get even more people hooked on them,” said Erie County Executive Mark Poloncarz in a statement. “Their greedy, soulless drive for ever-expanding profits is destroying our society and we must take steps to reduce the damages and fix this problem.”
Although the lawsuit did not specify the costs associated with the issue, county officials did contend that there were 2,328 opioid-related emergency department admissions in the county in 2014, a nearly 47 percent increase since 2010. And in May 2016, Erie County’s commissioner of health reported that there were 256 recorded opioid-related overdose deaths in Erie County, up from 127 in 2014.
The lawsuit is only the latest to be filed by a local government as opioid painkillers continue to be blamed for fueling addiction and crime, and serving as a bridge to a growing heroin trade. Every day, more than 40 Americans die from overdoses of opioid painkillers, according to the Centers for Disease Control and Prevention. And each year, 2 million people abuse or misuse the drugs.
Similar lawsuits have been filed by Suffolk County, N.Y., the city Chicago; Orange and Santa Clara counties in California; and the state of Mississippi. Other local governments are exploring legal action, as well, according to sources. Meanwhile, the city of Everett, Wash., last month took a new approach in a lawsuit, claiming Purdue Pharma diverted its OxyContin painkiller to the black market through drug rings and pill mills.
Like these other lawsuits, the Erie County complaint also alleged that the companies improperly touted the painkillers as useful for combating long-term pain, despite having evidence that the medicines were useful only for short-term relief.
And as part of the alleged “scheme” to change prescriber habits and public perception of the pills, county officials accused the companies of funding professional medical societies that issued consensus statements, which endorsed opioids to treat chronic pain and claimed addiction risks were low.
One of the groups is the American Academy of Pain Medicine and two of the physicians named in the lawsuit, Dr. Scott Fishman and Dr. Lynn Webster, are past presidents, and another, Dr. Perry Fine, is a former treasure. The fourth physician, Dr. Russell Portenoy, is a former director of the American Pain Foundation, which was also cited in the lawsuit.
The lawsuit also contended the drug makers “misused” continuing medical education programs for physicians by promoting and helping to disseminate “biased” messages about opioids, and funded patient advocacy groups for the same purpose.
A Janssen spokeswoman sent us a statement saying the company “acted appropriately, responsibly and in the best interests of patients regarding our opioid pain medications, which are FDA-approved and carry FDA-mandated warnings about the known risks of the medications on every product label. We firmly believe the allegations in this lawsuit are both legally and factually unfounded.”
A Teva spokeswoman wrote us this: “Teva is committed to supporting responsible pain management and we understand that the risk of opioid abuse and misuse is a challenge many healthcare professionals face in treating individuals living with chronic pain. Opioid analgesics are an important, if not essential, treatment option for many of the millions of Americans living with chronic pain.”

Endo declined to comment. We also asked Purdue and will update you accordingly. None of the physicians named could be reached, but we will pass along any replies as we continue to contact them.

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Erie County suing opioids makers, prescribing doctors

Feb 3, 2017 | WBFO Buffalo NPR

By Mike Desmond

As the death toll from opioid overdoses continues to rise, Erie County is hitting back with a lawsuit against pharmaceutical makers and doctors who prescribe the drugs. The suit alleges they helped fuel the opioids epidemic, by spreading the falsehood that the medications aren't addictive and potentially lethal.
In the room for the news conference was Debra Smith, who lost her son Nathaniel to an opioid overdose in September 2015. Smith says drug companies and doctors should have known better than to use the opioids.
"It saddens me to think that they had all this information and they chose not to disseminate it while they continued to market substances that they knew were lethal and they knew were harmful to people who were seeking their help for a problem," Smith said. "I will tell you what I feel: I feel as if my son had kidney stones, he had chronic kidney stones and what he wound up with was a death sentence."
County Executive Mark Poloncarz cited preliminary figures: 43 people died of opioid overdoses in January. Erie County is now working with an Illinois law firm with a track record of going after manufacturers of opioids. It has turned into a federal criminal case.
Paul Hanly from Simmons Hanly Conroy said his lawyers had previously sued one of the manufacturers, leading to criminal convictions.
"We obtained very substantial discovery from one of the defendants in this litigation, the Purdue group of companies, and the United States Department of Justice got wind of what we were doing and actually subpoenaed me and my law firm for those documents which Justice then used to secure criminal convictions against Purdue and certain of its executives," Hanly said.
Perdue also paid a $692 million fine.
Along with Suffolk and Broome Counties, Erie is suing 11 pharmaceutical makers and four doctors who worked with the makers, claiming they pushed the message that there was no addiction problem when there was. Based upon Medicaid records and conversations with health insurers, Poloncarz said there are a lot of opioids being used in Erie County.

"Can you tell us yours? And they'll say, 'Why, I can't tell you ours, but your numbers don't surprise us,' which is their way of saying, 'Hmmm, it's probably number one.' So I would say, based on what was prescribed to Medicaid patients in Erie County, it wouldn't shock me if on an annual basis more than 10 million pills of these related drugs were prescribed annually."
The case is being handled by the law firm on a contingency, meaning the firm is paying most of its costs. Hanly said he expects the lawsuit to run on for years, with the drug companies and the doctors likely to throw major legal resources into the fight to challenge it.

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Erie County to sue pharmaceutical manufacturers over their part in opioid epidemic

Feb 2, 2017 | Buffalo Business Journal

By Michael Petro

Representatives of Erie County say 11 pharmaceutical manufacturers misled doctors and patients into believing that opioid painkillers were not addictive, so they are filing a lawsuit against the drug makers for contributing to the national and local opioid abuse epidemic.
The lawsuit contends that the drug manufacturers aggressively marketed opioid pain relievers despite growing addiction rates, misrepresented the dangers of long-term opioid use to physicians and ignored that continued use of opioids diminishes the drugs intended result, requiring increases in dosage and ups the risk of addiction.
Erie County is suing the companies in State Supreme Court. It filed the lawsuit Wednesday. The Erie County’s Commissioner of Health reported in May that there were 256 recorded opioid-related overdose deaths in Erie County, which is up from 127 in 2014.
Erie County Executive Mark Poloncarz outlined the lawsuit during a news conference Thursday afternoon. He was joined by Erie County Attorney Michael Siragusa, Health Commissioner Dr. Gale Burstein and Paul Hanly Jr. of Simmons Hanly Conroy LLC.
The lawsuit is aimed at Purdue Pharma of Stamford, Connecticut; The Purdue Frederick Company Inc., a New York corporation; Teva Pharmaceuticals USA Inc. and Cephalon Inc., Delaware corporations; Johnson & Johnson and Janssen Pharmaceuticals Inc. of Brunswick, N.J.; Ortho-McNeil-Janssen Pharmaceuticals Inc., a Pennsylvania corporation; and Endo Health Solutions Inc. and Endo Pharmaceuticals, Inc, a Delaware corporation.
It also pinpoints New York doctor Russell Portenoy, Utah’s Perry Fine and Lynn Webster and Scott Fishman of California for promoting opioids for sale and distribution nationally and in Erie County.
The county says it has spent millions of dollars each year in an effort to combat the opioid issue. Costs have been incurred in health care, criminal justice and victimization, social issues and lost productivity.
According to the lawsuit, manufacturers promoted and marketed opioids for the management of pain by misleading consumers and medical providers through misrepresentations or omissions regarding the appropriate uses, risks, and safety of opioids as part of a coordinated marketing campaign that began in the late 1990s. That campaign, which continues today, became more aggressive about 10 years ago, the county says.
Between 1996 and 2006, consumption of hydrocodone in New York state increased from approximately 2,000 milligrams (mgs) per person to 12,000 mgs per person. Oxycodone consumption increased from approximately 1,000 mgs per person to 16,000 mgs per person. At the same time, health care admissions for opioid analgesic abuse have risen both nationally and in New York state at rates of greater than 300 percent.

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Erie County files lawsuit against drug makers

Feb 2, 2017 | WGRZ NBC Buffalo

By Danny Spewak

Erie County will seek millions of dollars in damages against 11 pharmaceutical companies, including some of the largest drug manufacturers in the country, accusing them in a civil lawsuit of contributing to the opioid epidemic by knowingly pushing highly addictive painkillers to the public.
The lawsuit, filed in New York State Supreme Court this week, targets Johnson & Johnson, Purdue Pharma, Janssen Pharmaceuticals and Teva Pharmaceuticals USA, among others. The suit also names four individual doctors.
According to the lawsuit, the companies used deceptive marketing tactics to reassure doctors and patients that they could use opioids to treat long-term pain, all while ignoring the risks of addiction and overdoses.
"Defendants, individually and collectively, knowing that long-term opioid use causes addiction, misrepresented the dangers of long-term opioid use to physicians, pharmacists, and patients," the lawsuit claims, "by engaging in a campaign to minimize the risks of, and to encourage, long-term opioid use."
In Erie County, an estimated 320 people died of overdoses in 2016, according to Erie County Executive Mark Poloncarz. So far, in 2017, 43 people have died of overdoses, a pace of more than one death per day since Jan. 1.
"We want the pharmaceutical companies to know that we will not tolerate them taking advantage of our population," Poloncarz said. "They need to be penalized for what they did."
Poloncarz, a Democrat, announced the lawsuit on Thursday alongside Paul Hanly, Jr., an attorney with a major New York City firm named Simmons, Hanly & Conroy. Hanly's firm filed a similar lawsuit on behalf of Broome County on Wednesday, and it also helped Suffolk County pursue legal action against pharmaceutical companies back in September.
"The county has suffered terribly from this epidemic," Hanly said, "And we believe -- my law firm believes -- that we have the ability to bring justice to Erie County and its residents against these companies, who since 1994, have been engaged in a scheme to defraud the public."
Multiple companies named in the lawsuit responded to WGRZ-TV with written statements, including Purdue Pharma, the Connecticut-based company that founded OxyContin.
"We share public officials' concerns about the opioid crisis and we are committed to working collaboratively to find solutions," the company's statement said. "Although OxyContin accounts for only 2% of all pain-related opioid prescriptions, Purdue is an industry leader in abuse deterrence as we were the first pharmaceutical company to develop an opioid medication with abuse-deterrent properties."
Jessica Castles Smith, a spokesperson for Janssen Pharmaceuticals, defended the company as having acted "appropriately, responsibly and in the best interest of patients regarding our opioid pain medications, which are are FDA-approved and carry FDA-mandated warnings about the known risks of the medications on every product label. We firmly believe the allegations in this lawsuit are both legally and factually unfounded."
A spokesperson for Teva Pharmaceuticals USA also said: "We understand that the risk of opioid abuse and misuse is a challenge many healthcare professionals face in treating individuals living with chronic pain. Opioid analgesics are an important, if not essential, treatment option for many of the millions of Americans living with chronic pain."
Debra Smith, who lost her son Nathaniel to the epidemic in Sept. 2015, praised the county for filing the lawsuit against the 11 drug companies. She said she understands that opioids have a practical use for the medical community, but feels the system has fallen apart.
"I will tell you what I feel," Smith said. "I feel that my son had kidney stones, he had chronic kidney stones, and what he ended up with was a death sentence through the pharmaceutical industry."
Poloncarz and Hanly drew comparisons between the pharmaceutical industry and the tobacco industry, which was the target of a lawsuit by Erie County in the mid-1990s.
"We expect these pharmaceutical companies and doctors to be armed at the teeth with some of the highest-paid defense attorneys in the country," Poloncarz said. "So we fully expect them to be fighting us. But we know we're on the right side."

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Landmark Erie County lawsuit against pharmaceutical opioid manufacturers seeks damages for deceptive acts & practices, fraud, false advertising

Feb 2, 2017 | Niagara Frontier Publications

Erie County Executive Mark C. Poloncarz was joined Thursday by Erie County Attorney Michael Siragusa, Erie County Health Commissioner Dr. Gale Burstein, Erie County Mental Health Commissioner Michael Ranney and Paul J. Hanly Jr. of Simmons Hanly Conroy to announce Erie County filed a civil action lawsuit against 11 pharmaceutical manufacturing entities and four individuals for their roles in allegedly exacerbating the opioid epidemic gripping Erie County.
Filed Wednesday in New York State Supreme Court, the suit claims the defendants engaged in deceptive acts and practices, false advertising, fraud and unjust enrichment.
"These drug makers and their enablers in the medical community were aware of the significant dangers posed by opioid prescription medications, yet that did not stop them from continuing to push opioids, and get even more people hooked on them," Poloncarz said. "When addiction rates and fatalities climbed, they doubled down and increased their false advertising on the safety of these drugs, assuring doctors and patients that they were safe and had no long-lasting effects.
"In Erie County last year, we had over 300 fatalities that were opioid-related, and every day in America 78 people die from an opioid overdose. Our society has long borne the costs of this carnage while these predators have profited handsomely, leaving a trail of shattered lives and lost dreams in their wake. They are just as culpable for these deaths as street-level heroin dealers are, and they must be held accountable for the destruction they have caused and for the burden they have placed on our community."
While opioids provide effective short-term treatment for postsurgical and trauma-related pain, the lawsuit alleges the defendants manufactured, promoted and marketed opioids for pain management by misleading patients and doctors about the appropriate uses, risks and safety of opioids. In addition, the defendants allegedly knew opioids are too addictive and too debilitating for long-term use for chronic noncancer pain, and that, with prolonged use, the effectiveness of opioids wanes, requiring increases in doses to achieve pain relief and greatly increasing the risk of significant side effects and addiction. The defendants also allegedly knew controlled studies of the safety and efficacy of opioids were limited to short-term use in managed settings where the risk of addiction was significantly minimized.
"We contend that these manufacturers misled consumers and medical providers through misrepresentations and planned omissions regarding the appropriate uses, risks and safety of opioids for management of pain," Siragusa said. "In order to realize blockbuster profits, the defendants created a false perception of the safety and efficacy of opioids that would encourage the use of opioids for longer periods of time and to treat a wide-range of problems. They did this through a coordinated, sophisticated and highly deceptive marketing campaign. Defendants, knowing that long-term use of opioids causes addiction, misrepresented the dangers of long-term opioid use to physicians, pharmacists, and patients by engaging in a campaign to minimize the risks of, and to encourage, long-term opioid use."
To date, there have been no long-term studies demonstrating the safety and efficacy of opioids for long-term use. The lawsuit contends that, despite having this knowledge, the defendants allegedly worked to create a false perception of opioids' safety and efficacy in the minds of medical professionals and the public to encourage the use of opioids for longer periods of time - and for a wider range of problems, including such common aches and pains as lower back pain, arthritis and headaches. This false perception was allegedly promoted through an aggressive marketing campaign that began in the late 1990s, was ramped up in 2006, and continues today.
Poloncarz said, "The timeline for the opioid epidemic dovetails almost exactly with the hyper-marketing tactics of these companies. Since 1999, the amount of prescription opioids sold in the U.S. has nearly quadrupled. In 2010, 254 million prescriptions for opioids were filled in this country, which is enough to medicate every adult in America around the clock for a month. By 2014, nearly 2 million Americans either abused or were dependent on opioids. At the same time, in 2012 alone, opioids generated $8 billion in revenues for drug companies, including $3.1 billion for Purdue alone due to their Oxycontin sales. Their greedy, soulless drive for ever-expanding profits is destroying our society, and we must take steps to reduce the damages and fix this problem."
Siragusa will work with Hanly as the lawsuit moves forward. Simmons Hanley Conroy is working on a contingency basis and will only receive remuneration for its efforts and reimbursement for any costs if the suit is successful.
To read the complaint filed in New York State Supreme Court, click HERE.

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Other counties expected to follow Erie County in suing makers of narcotic painkillers (UPDATE)

Feb 3, 2017 | The Buffalo News

By Sandra Tan

Erie County's lawsuit against pharmaceutical companies represents the first of many expected from other New York State counties angry about "misleading" and "deceptive" marketing of addictive painkillers.
The drug manufacturers called Erie County's lawsuit "factually unfounded."
The lawyer representing Erie County said Suffolk and Broome counties already filed suits, and many other counties are likely to follow.
"Given the breadth of this problem, I would be very surprised if, at some point or another, we are not contacted – if not hired – by virtually all of the 62 counties in the state," said attorney Paul J. Hanly.
Hanly is a partner at Simmons Hanly Conroy, a law firm with six offices across the country and a track record for taking on the drug makers.
Parents of overdose victims praised Erie County Executive Mark C. Poloncarz for going after the drug companies he likened to corner drug dealers.
Debra Smith, whose son died of an overdose after becoming addicted to painkillers prescribed by his doctor, said the suit will keep drug manufacturers from misleading well-intended physicians in the future.
"This is a healing moment for many families because we realize our children will no longer be addicted by a source that we trust," she said.
The county suit targets 11 pharmaceutical companies and related businesses that make promote, market and distribute opioid-based drugs such as OxyContin and Percocet and generics such as oxycodone and hydrocodone. In its complaint, the county alleges drug makers and drug promoters violated state laws through deception, false advertising, fraud and unjust enrichment among other claims.
The lawsuit also accuses four physicians of being paid by drug makers to promote their prescription painkillers and mislead other physicians regarding the drugs' addictive properties.
Pharmaceutical companies responded to the suit by saying they have been proactive in addressing prescription drug abuse and have played a vital role in helping millions of patients suffering from chronic pain.
"Janssen has acted appropriately, responsibly and in the best interests of patients regarding our opioid pain medications, which are FDA-approved and carry FDA-mandated warnings about the known risks of the medications on every product label," a Janssen Pharmaceuticals spokeswoman said in a statement. "We firmly believe the allegations in this lawsuit are both legally and factually unfounded."
Janssen is among the pharmaceutical companies that manufactures a fentanyl-based prescription pain medication.
Purdue Pharma, which produces OxyContin and has lost other suits filed by Simmons Hanly Conroy and others, offered a more measured statement.
"We share public officials’ concerns about the opioid crisis, and we are committed to working collaboratively to find solutions," the company said. "Although OxyContin accounts for only 2 percent of all pain-related opioid prescriptions, Purdue is an industry leader in abuse deterrence as we were the first pharmaceutical company to develop an opioid medication with abuse-deterrent properties.”
Both companies noted that their medication literature includes statements that their drugs may cause addiction, overdose and death. Hanly, however, said these companies had their drug representatives and other paid physicians downplay the federally mandated warnings from the Federal Drug Administration.
"They essentially went to doctors, to prescribing physicians, and said, 'Oh, don't worry about that fine print. Here's information that indicates that if properly administered, these drugs are not addictive,' " Hanley said. "This is a pattern that went on for many years."
Poloncarz ratcheted up his rhetoric against drug makers and their paid promoters, saying the lawsuit defendants should be held accountable for the addiction scourge in the county and the tens of millions it has cost the county to combat the opioid epidemic.
"They are all liable for the crisis they have created, not just here in Erie County, but across the entire United States," he said. "They need to be held responsible for the costs that have been incurred by our county in dealing with this health care crisis, and we need to let the public know that we will not let those responsible get away with what, in many ways, is murder."

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Report: Erie County Suing Pharma Companies Over Opiate Crisis

Feb 2, 2017 | WBEN Buffalo

(WBEN) Erie County is suing 11 major pharmaceutical companies, saying their promotion and manufacture of pain killers makes them liable for the rampant addiction and overdose-related deaths ripping through the region.

"We believe the pharmaceutical companies and those doctors are the ones who should be held responsible," Erie County Executive Mark Poloncarz told the Buffalo News. "They have created a whole nation of addicts by stating publicly that these drugs were not addictive and were quite safe, when we knew they were very addictive and dangerous."

Erie County spends millions to pay for health care each year related to the opiate addiction epidemic, according to a copy of the lawsuit's complaint also posted by The News READ IT HERE

The suit, filed in State Supreme Court, names Purdue Pharma L.P., Purdue Pharma Inc., The Purdue Frederick Company, Inc., Teva Pharmaceuticals USA,
Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, and Endo Health Solutions Inc.

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Erie County files lawsuit against drug makers

Feb 2, 2017 | WGRZ NY

Erie County has filed a lawsuit against 11 pharmaceutical manufacturers for aggressively marketing opioid pain relievers.
The county said in a press release that the drug manufacturers misrepresented the dangers of long-term opiod use to doctors and that the companies allegedly knew that prolonged use of opioids diminished effectiveness and increased the risk of addiction.

County officials are expected to release more information at a 2pm press conference. 2 On Your Side will be there and more information on Channel 2 News First at 5pm.

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Erie County files lawsuit against pharmaceutical companies

Feb 2, 2017 | CBS WKBW Buffalo

In response to the opioid epidemic, Erie County Executive Mark Poloncarz, alongside Health Commissioner Dr. Gale Burstein and representatives from the county law department have announced they are suing 11 pharmaceutical manufacturers for false advertising, which they believe contributed to hundreds of overdose victims in Erie County.
According to a statement released by the County Executive's office, the lawsuit argues these drug manufacturers "aggressively marketed opioid pain relievers despite growing addiction rates" and "misled doctors who in turn misled their patients."
In addition, the lawsuit argues the National Institutes of Health cited this aggressive marketing as a "major cause" of the national opioid abuse problem.

The County Executive is scheduled to address the lawsuit at a press conference Thursday afternoon at 2p.m.

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Broadcast Coverage

Fox 40 News at Six

Feb 8, 2017 | WICZ Foc 40 Binghamton, NY

View clip here: https://app.criticalmention.com/app/#clip/view/26025884?token=6e46d468-ccdd-4396-9e32-10dac72e49d9
Rough transcript: broome county takes another step to fight the heroin epidemic. this time in court. fox 40's molly darrow has more on the county's lawsuit against several major opioid manufacturers for "deceptive marketing". molly? thank you, jason. today broome county officials released further details on the lawsuit filed last wednesday. the lawsuit includes 11 major drug manufacturers and related companies --along with four doctors broome county attorney robert behnke says helped mislead other physicians regarding the addictive properties of opioids. officials say this deception has fostered an opioid crisis across the country and in particular in broome county. "theres a huge cost to families here, and how families lives have been broken and lives have been lost and theres a huge cost to taxpayers here, said jason garnar, broome county executive. garnar says in terms of state grants the county passes through close to $6 million in heroin and opioid funding every year. he says this lawsuit is at no cost to the county and says it could be a number of years before it reaches a settlement or goes to trial. right now, at least three counties in new york outside of new york city have joined the lawsuit. erie county filed the same day as broome. in a written statement janssen pharmaceutical said it believes the allegations in the lawsuit are "both legally and factually unfounded." back to you, jason.

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12 News 6PM

Feb 8, 2017 | WBNG CBS Binghamton, NY

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Rough transcript: we're hearing tonight from the national pharmaceutical companies in the opioid lawsuit filed by broome county. 12 news reporter monika hammer has the latest out of the county executive's office-- and response from the companies. plans for the lawsuit were first announced in october. "there was a change in administrations after the election this year this is something i can really get behind." current county executive jason garnar says the companies are misleading people about long-term risks associated with opioid treatment. the county filed the lawsuit last wednesday. "once the defendants are served they would have the opportunity to either answer um i know in other instances they move to dismiss the complaint and the attorneys would respond to that." while they do not have a monetary value yet for damages - behnke says it could be millions of dollars. four doctors are also being sued for acting on behalf of the pharmaceutical industry "they've fostered the opioid crisis across the country and in particular in broome county." 12 news reached out out to purdue pharmaceuticals and janssen pharmaceuticals. purdue sent us the following statement - "we share public officials' concerns about the opioid crisis and we are committed to working collaboratively to find solutions." janssen similarly saying: "janssen has acted appropriately, responsibly and in the best interests of patients regarding our opioid pain medications - we firmly believe the allegations in this lawsuit are both legally and factually unfounded." broome county is not the only one to file a lawsuit like this. "erie county has been facing a significant opioid epidemic crisis for some time now. we need to go after the companies that helped create the opioid epidemic - they're just as culpable as the individuals who are selling drugs on the street." making moves in the hopes of ending that epidemic. monika hammer, 12 news. garnar says that this lawsuit is not costing the county anything. he says the money would be used to help develop new treatment facilities and programs. community leaders came together for a presentation-- in hopes of ending the local opioid crisis. they met at the binghamton university innovative technologies complex. leaders from erie county presented their findings of local efforts and seriousness of the epidemic. those in attendance included broome county executive jason garnar, state senator fred akshar, and binghamton mayor rich david-- several members of local law enforcement also attended.

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12 News at Noon

Feb 8, 2017 | WBNG CBS Binghamton, NY

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Rough transcript: more about the lawsuit filed by broome county against several national pharmaceutical companies. motions first began for the lawsuit in october. broome county executive jason garnar says the companies are misleading people about the long-term risks associated with opioid treatment. the county filed the lawsuit one week ago - now they are waiting for the companies to be served. tonight on 12 news we'll hear from jason garnar - as well as the broome county attorney.

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7 Eyewitness News at 11pm

Feb 2, 2017 | WKBW ABC Buffalo, NY

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Rough transcript: mothers of opioid overdose victims are applauding a lawsuit filed by erie county against 11 drug manufacturers saying its about justice for their children "i can tell you that the ripple from the death of my son, just in my immediate family, have been huge. these kids did not wake up and say they want to be a drug addict and go to the corner for heroin." the suit seeks millions claiming the companies used fraud, deception, and false advertising as a way to maximize profits, while misleading doctors and patients into thinking long- term use of opioid painkillers was safe. the suit will not cost taxpayers a dime --- the law firm representing erie county will only be paid if there's a settlement.

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Channel 2 News

Feb 2, 2017 | WGRZ NBC Buffalo, NY

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Rough transcript: the opioid epidemic is killing hundreds of people a year i county. so the county has decided to sue the people they believe are partly responsible: the drug companies. good evening, i'm maryalice demler. and i'm scott levin. you've been following this civil lawsuit filed in state supreme court against 11 pharmaceutical companies and four individual doctors... all day on the web and social media. tonight... 2 on your side's danny spewak is going beyond the headlines for us. danny, these are serious accusations that families who have lost loved ones are getting behind... the county argues in the lawsuit that the drug companies have contributed to devastation in this community. an estimated 320 people died of overdoses last year... and 43 people have already died this year since january 1.... a pace of more than one death per day. this is the latest move by erie county to ease the pain of so many suffering families. in august, we introduced you to many of the heartbroken family members caught in the opioid epidemic... like debra smith, who lost her son nathaniel. "i feel that my son had kidney stones, he had chronic kidney stones, and what he ended up with was a death sentence through the pharmaceutical industry." with hundreds of people dying each year, the county is now suing some of the country's largest drug manufacturers including johnson & johnson and purdue pharma. "whether it's a large pharmaceutical company or a drug dealer on the corner, they all need to be held accountable for the actions they've taken that destroyed lives." erie county executive mark poloncarz says the county will seek tens of millions of dollars in damages. the 75-page lawsuit accuses the companies of knowingly pushing drugs to doctors and patients for long-term pain treatment despite knowing the risks of addiction. "they peddled these drugs as if it were as safe as taking a piece of candy." but the companies say theyre not to blame. purdue pharma which founded the painkiller oxycotin told us we share public officials concerns about the opioid crisis and we are committed to working collaboratively to find solutions. They point out that OxyContin accounts for only 2% of all pain related opioid prescriptions. They say they’re an industry leader in abuse deterrence and point out they were the first pharmaceutical company to develop an opioid medication with abuse deterrent properties. Janssen pharmaceuticals of Johnson & Johnson told us we firmly believe the allegations in this lawsuit are both legally and factually unfounded. But debra smith praised the county's legal action. "I'm certainly not the only person, the whole county has been affected." Erie County is working with a new york city lawfirm on this case and that firm is also representing suffolk and broome county on similar lawsuits against drug manufacturers. the lawyer said today he expects to hear from almost every county in the state.

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7 Eyewitness News at 6pm

Feb 2, 2017 | WKBW ABC Buffalo, NY

View clip here: http://beta.criticalmention.com/app/#clip/view/25947257?token=824c3fa0-64e9-47cb-a137-0478d38e59a1
Rough transcript: the opioid epidemic continues to pave a devastating path through western new york. erie county says -- enough is enough... and now its holding the drug manufacturers responsible. 7 eyewitness news reporter ed reilly tells us how. they are all liable for causing this crisis. erie county is now suing 11 pharmaceutical manufacturers for using fraud, deception, and false advertising as a way to maximize profits while misleading doctors and patients into thinking long- term use of opioid painkillers was safe. >> for decades they peddled these drugs as if they were as safe as candy. >> the lawsuit also targets four non-local doctors - who officials say were hired to purposely mislead the medical profession. >> they would go to prescribing physicians and say ' don't worry about the fine print' >> the lawsuit seeks millions of dollars in damages from some of biggest pharmaceutical manufacturers in the country -like purdue pharma and johnson and johnson. >> these kids did not wake up and say they want to be a drug addict and go to the corner for heroin >> these mothers have all lost sons to the opioid epidemic. all three were in their 20's and died from overdoses after becoming addicted to opioids. >> i can tell you that the ripples from the death of my son, just in my immediate family, have been great. >> the women are now working to help others through "save the michaels house of hope." and while they believe the lawsuit will help they encourage families to get more education about addiction and how a problem that started in the doctors office could end up your home. >> that's what we need is hope. because there hasn't been much hope for them. >>

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Channel 2 News at 5:30

Feb 2, 2017 | WGRZ NBC Buffalo, NY

View clip here: http://beta.criticalmention.com/app/#clip/view/25942712?token=6bdc152b-351c-4b3c-9e7c-b704f302420a
Rough transcript: 43 people in erie county have already died of overdoses. the opioid epidemic also claimed at least 320 lives in 2016. so the county has now decided to sue 11 drug companies and four doctors... with the help of a power house new york city law firm. 2 on your side's danny spewak joins us live from the rath building with this story. danny, what's the county's argument here? maryalice and scott, the county is accusing these drug companies of knowingly pushing these prescription painkillers to the public despite knowing the risks of addiction those drugs carry. And its likely according to the county executive that the county will be seeking tens of millions of dollars in damages. I want to point out that none of the companies or individual doctors in the suit are local, they’re all not local. There’s one from new York but it’s all across the country. The county is suing johnson and johnson, the largest pharmaceutical manufacturer in the entire world. and it's also suing purdue pharma, which created the pain killer oxycontin in the mid-90s. the county is working with a new york city-based law firm named simmons, hanly and conroy. they accuse the companies of not only pushing the drugs to doctors and patients but also abusing a deceptive market to make it seem like the drugs were safe. county executive mark says these companies are partly responsible for the deaths in erie county. >> whether it’s a large pharmaceutical company or it’s a drug dealer on the corner they all need to be held accountable for the actions they’ve taken that have destroyed lives. And we did receive a response today from some of the companies named in the suit. That includes purdue pharma who told us they share public officials concerns about the opioid crisis. Say they’re committed working collaborately to find solutions. But they point out that OxyContin accounts for only 2% of all pain related opioid prescriptions. They say they’re an industry leader in abuse deterrence and point out they were the first pharmaceutical company to develop an opioid medication with abuse deterrent properties. But erie county is not the first county to file a lawsuit like this. They are now the third in New York state. Just yesterday broome county filed a lawsuit against pharmaceutical companies. Suffolk county did so in September.

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7 Eyewitness News at 5pm

Feb 2, 2017 | WKBW ABC Buffalo, NY

View clip here: http://beta.criticalmention.com/app/#clip/view/25942404?token=6bdc152b-351c-4b3c-9e7c-b704f302420a
Rough transcript: the battle against the opioid epidemic. erie county is taking its aim at the drug manufacturers here with a lawsuit claiming they purposely caused the problem. 7 eyewitness news reporter ed reilly, with the story. it is time to put ceo and executives in jail. the opioid crisis is not just about prescription pain pills. It’s about people who lost their lives after becoming addicted to opioids - people like 26-year-old robert giovino. mainly not knowing what to do. i felt helpless. or 21-year old ephraim david schultz i really did not know anything about addiction. and 26-year-old nathaniel smith he became addicted to pain medication while being treated for chronic kidney stones. mothers of these opioid victims are now volunteering to help other families through "save the michael house of hope." and during a meeting this morning, they were glad to hear that erie county is suing eleven pharmaceutical manufacturers for fraud, deception, and false advertising as a way to maximize profits while misleading doctors and patients into thinking long- term use of opioid painkillers was safe. these kids did not wake up saying they want to be drug addicts and go downtown and get a bag of heroin. The lawsuit also targets four nonlocal doctors who officials say were hired to purposefully mislead the medical profession. they would go to prescribing physicians and say 'don't worry about the fine print.' the lawsuit seeks millions of dollars in damages from some of biggest pharmaceutical manufacturers in the country -like purdue pharma and johnson and johnson. they are all liable for the crisis they created. the lawsuit will not cost taxpayers anything because the law firm that is handling it will be paid, if, and when there is a settlement.

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Eyewitness News at Noon

Feb 2, 2017 | ABC WKBW Buffalo NY

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Rough transcript: it's a national epidemic that has taken hundreds of lives and now erie county is holding people accountable when it comes to the opioid crisis here at home. 7 eyewitness news reporter liz lewin has more on this story... keith - erie county executive mark poloncarz, the health commissioner and representatives from the county law department.. are taking their concerns all the way to state supreme court... in a press conference this afternoon, the county will outline a detailed lawsuit against eleven pharmaceutical manufacturers. they claim they aggressively marketed opioid painkillers despite growing addiction rates...the county says this strategy is misleading doctors and patients by misrepresenting the dangers of long-term opioid use, by increasing the risk of addiction. 7 eyewitness news legal expert, florina altshiler says...lawsuits like these are not unprecedented, especially today. "the issue and the very essence of this lawsuit it appears is that the companies attempted to and at times successfully did mislead the physician. And it’s the perseveration of that doctor patient relationship that’s supposed to be fair and objective and based on true science, not based on any undue influence by money and big pharmaceutical interests.” Now the county’s 70- plus page complaint also accuses four physicians of being paid by drug manufacturers to promote their prescription painkillers....which altshiler says could come down to a case of fact versus financial incentive. the press conference is scheduled to start at 2 oclock this afternoon at the rath building. ed reilly will have the latest for you tonight at 5 and 6.

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News 4 Noon

Feb 2, 2017 | CBS News WIBV Buffalo, NY

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Rough transcript: Erie county is suing almost a dozen pharmaceutical companies. The county believes the drugmakers misled doctors and patients into believing that opioid painkillers were safe and not addictive. The lawsuit also claims the companies also aggressively market opioid pain relievers despite growing addiction rates. A news conference will be held at 2 this afternoon. We’ll have more on the lawsuit tonight at 6.

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TWC News All Day

Feb 2, 2017 | TIme Warner Cable Buffalo, NY

View clip here: http://beta.criticalmention.com/app/#clip/view/25942841?token=6bdc152b-351c-4b3c-9e7c-b704f302420a
Rough transcript: erie county is headed to court, taking another step in the fight against the opioid epidemic in western new york. time warner cable news reporter lamonica peters in our newsroom now with more. lamonica? casey, erie county executive mark poloncarz announced that he's filed a lawsuit against the drug companies he says are responsible for opioid crisis the county is facing. the lawsuit was filed in the new york state supreme court on wednesday against 11 pharmaceutical companies and four doctors. county attorney michael siragusa says there is evidence the companies knew drugs like oxycodone were addictive but didn't tell the public. now county officials say they want drug companies to be held accountable. erie county executive "the individuals who are dying as a result of heroin and fentanyl first became addicted to drugs because opioid-based drugs. it's as simple as that. we need to take action. whether it's the drug dealer on the corner or it's a big pharmaceutical company elsewhere in this country. they are all culpable. they are all liable for the crisis they created not just here in erie county but across the entire united states." poloncarz says there have been 43 opioid-related deaths, that's more than one death per day, in erie county since january 1st. in the newsroom, lamonica peters, time warner cable news.

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