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Opioids Media Report 7/5/17
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Opioid Users Join Fight Against Endo, Purdue, Teva
Jun 30, 2017 | Law360
By Dani Kass
A potential class of opioid users on Thursday sued Actavis, Endo, Johnson & Johnson, Purdue, Teva and several of their subsidiaries in Arkansas federal court, accusing them of contributing to the opioid crisis so they could make a profit. -
Arkansan sues drug firms, cites opioid addiction
Jul 2, 2017 | Arkansas Online
By Doug Thompson
A Sebastian County man who says he became addicted to painkillers has sued drug manufacturers. The suit seeks class-action status on behalf of all Arkansans suffering from opioid addiction. It seeks unspecified damages beyond $5 million, the minimum-damages threshold for this type of lawsuit, according to court documents. The suit, filed Thursday, also seeks attorneys' fees and costs. -
Oklahoma sues prescription opioid manufacturers
Jun 30, 2017 | The Hill
By Nathaniel Weixel
Oklahoma on Friday became the latest state to sue prescription opioid manufacturers, alleging that the companies made false and deceptive marketing statements about their painkillers that fueled the state’s epidemic of opioid addiction. -
Okla. AG sues some of country’s top opioid-producing companies
Jul 1, 2017 | KOCO 5 (OK)
By Zach Rael
Attorney General Mike Hunter is taking some of the country’s major drug companies to court. In a lawsuit filed Friday, Hunter names four of the top opioid manufacturers, claiming they lied about how effective and addictive the drugs are -- all to make a profit. The lawsuit estimates 91 people die each day from opioid overdoes in the U.S. -
Oklahoma Attorney General Sues Opioid Manufacturers
Jun 30, 2017 | News 9 OK
By Aaron Brilbeck
Oklahoma Attorney General Mike Hunter filed a lawsuit against four pharmaceutical companies, accusing them of fueling the state’s opioid epidemic by misleading doctors and pharmacists about the dangers of the drugs. -
Hunter Sues Four Pharmaceutical Companies over Opioid Abuse
Jun 30, 2017 | McCarville Report (OK)
Attorney General Mike Hunter Friday filed a lawsuit in Cleveland County against four of the nation’s leading manufacturers of opioid pain medication, claiming the effects of deceptive marketing campaigns over the last decade have fueled the state’s opioid epidemic. -
Oklahoma Attorney General files suit against five opioid manufacturers
Jul 3, 2017 | Miami Record
Oklahoma Attorney General Mike Hunter filed a lawsuit Friday, June 30 in Cleveland County against four of the nation’s leading manufacturers of opioid pain medication, claiming the effects of deceptive marketing campaigns over the last decade have fueled the state’s opioid epidemic. -
Jersey County sues pharmaceutical companies for opioid fallout
Jul 4, 2017 | Belleville News Democrat
By Elizabeth Donald and Casey Bischel
Jersey County is suing pharmaceutical companies that it alleges made the prescription painkiller epidemic worse through deceptive marketing, and the lead attorney is the former chief judge of Madison County.
Arkansas Lawsuit
Oklahoma Follow On Coverage
Jersey County Lawsuit
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Opioid Users Join Fight Against Endo, Purdue, Teva
Jun 30, 2017 | Law360
By Dani Kass
A potential class of opioid users on Thursday sued Actavis, Endo, Johnson & Johnson, Purdue, Teva and several of their subsidiaries in Arkansas federal court, accusing them of contributing to the opioid crisis so they could make a profit.
The drug companies pushed doctors to prescribe opioids while "trivializing" or not accurately describing the risk of addiction, the complaint states. The main companies being targeted are Actavis Inc. unit Watson Pharma Inc.; Endo Pharmaceuticals Inc.; Johnson & Johnson unit Janssen Pharmaceuticals Inc.; Purdue Pharma LP; and Teva Pharmaceuticals USA Inc. unit Cephalon Inc.
These same companies are already facing investigation by several state attorneys general, with some states, counties and cities, including Ohio, New York’s Suffolk County and Chicago, already suing the drugmakers.
The suit is brought by Michael Ray Lewis, an Arkansas resident who became addicted to opioids after being prescribed painkillers including oxycodone, percocet and hydrocodone starting in 2005. He was treated for his addiction.
Lewis says the drug companies financed their own direct marketing and then paid for independent marketers, which either hid or understated the addiction risks tied to these drugs.
In 2014, the companies being sued together spent at least $14 million advertising opioids in medical journals and more than $160 million directly educating physicians about opioids, Lewis said.
The companies also paid influential doctors to act as consultants on their advisory boards. Other doctors seeing their peers approve of opioid use furthered the idea that they were safe, the complaint states.
“Defendants’ misrepresentations and deceptive conduct has exacted, and foreseeably so, a heavy financial burden on Arkansas,” the complaint states. “To redress and punish these violations of the state’s statutory and common law, including the Arkansas Deceptive Trade Practices Act, plaintiff, on his own behalf and on behalf of a class of Arkansas … seeks damages for the actual damage and injury he and the class have suffered by paying for excessive opioid prescriptions and in connection with the results of those prescriptions.”
The potential classes would be people who were prescribed opioids made by these companies in Arkansas from June 30, 2012, through June 30, 2017. The first class is for those who overdosed and needed medical attention or needed to get addiction treatment. The second class is just for those who were prescribed the drug.
Endo spokeswoman Heather Zoumas-Lubeski said: “At Endo, our top priorities include patient safety and ensuring that patients with chronic pain have access to safe and effective therapeutic options. We share in the FDA’s goal of appropriately supporting the needs of patients with chronic pain while preventing misuse and diversion of opioid products.”
Teva spokeswoman Elizabeth DeLuca said they’re reviewing the allegations and intend to respond.
“Teva is committed to the appropriate promotion and use of opioids,” DeLuca said. “We have programs in place that educate prescribers, pharmacists and patients on the responsible and safe use of these products. We are committed to working with the health care community, regulators and public officials to collaboratively find solutions."
The users’ attorney, Tom Thrash, said “this is the largest deception of the American public since Philip Morris and Marlboro Lights.”
Representatives of Actavis, J&J and Purdue didn’t immediately respond to requests for comment Friday.
The users are represented by Thomas P. Thrash and Marcus Neil Bozeman of Thrash Law Firm PA and Kenneth R. Shemin of Shemin Law Firm PLLC.
Counsel information for the drug companies was not immediately available.
The case is Lewis v. Purdue Pharma L.P. et al, case number 5:17-cv-05118, in the U.S. District Court for the Western District of Arkansas. -
Arkansan sues drug firms, cites opioid addiction
Jul 2, 2017 | Arkansas Online
By Doug Thompson
A Sebastian County man who says he became addicted to painkillers has sued drug manufacturers.
The suit seeks class-action status on behalf of all Arkansans suffering from opioid addiction. It seeks unspecified damages beyond $5 million, the minimum-damages threshold for this type of lawsuit, according to court documents. The suit, filed Thursday, also seeks attorneys' fees and costs.
Michael Ray Lewis was first prescribed opioids in 2005 and was subsequently treated for addiction related to his prescriptions, the suit says. Lewis filed suit in U.S. District Court in Fayetteville against Purdue Pharma, a limited partnership and prescription drug company based in New York, and other manufacturers of opioids.
Two phone calls and an email to Pharma media spokesmen were not returned Friday afternoon. Calls to Lewis' attorneys also were not returned.
Oklahoma's attorney general also filed suit Friday against opioid manufacturers, making allegations of deceptive marketing campaigns that fuel an epidemic of drug abuse. This follows similar lawsuits by Missouri, Ohio and Mississippi. In addition, the Cherokee Nation filed suit in April.
A Blue Cross Blue Shield report on 2015 levels of opioid addiction across the United States found that most patients filling prescriptions for opioids, as a segment of the overall population, are in the mid-South: Oklahoma, Arkansas, Louisiana, Mississippi and Alabama. Slightly lower rates were found in Georgia, Tennessee, North Carolina, South Carolina, West Virginia and Indiana.
Donald Trump's administration has called the opioid epidemic a top priority, and the president has named a former adviser, New Jersey Gov. Chris Christie, to head a commission investigating the matter. In a June meeting, experts said Medicaid expansion -- a main target of the GOP's proposed health care revision -- is key to the delivery of effective addiction treatment.
Christie's panel was expected to provide draft recommendations last week, but it has postponed further meetings and a release of recommendations.
Before the 1990s, opioids were used only to treat short-term acute pain or for end-of-life care, the Arkansas lawsuit claims.
"By the late 1990s, however, and continuing today, each defendant began a marketing scheme designed to persuade doctors and patients that opioids can and should be used for chronic pain, a far broader group of patients much more likely to become addicted and suffer other adverse effects from long-term use of opioids," the suit claims.
Those marketing campaigns downplayed the risks of opioids, including addiction, according to the suit. The companies' activities included "funding, assisting, directing and encouraging seemingly neutral and credible professional societies and patient advocacy groups" to mask those risks, the suit alleges.
"Since 2012, Arkansas has ranked in the top 10 among all states for the number of prescribed opioids" per person, the suit says, citing a study by the Arkansas Center for Health Improvement, a nonprofit group based in Little Rock. "By 2016, the total number of opioid doses prescribed to Arkansas patients had soared to 109 million -- enough to supply every man, woman and child in the state with 38 pills each."
Those figures are for legally prescribed drugs, the suit says. Illegal consumption is in addition to that and unaccounted for, the suit says. The available figures cited in the suit for legal consumption show 1.7 million opioid prescriptions issued in a state with a population of just fewer than 3 million.
"Efforts by physicians to reverse course for a chronic pain patient with long term dependence on opioids are often thwarted by a secondary criminal market," the suit claims. That criminal market offers heroin as a substitute, the suit claims.
Besides Purdue Pharma, the suit names Cephalon Inc. of Frazer, Pa., and its parent company, Teva Pharmaceuticals USA Inc.; Janssen Pharmaceuticals Inc. of Titusville, N.J.; Endo Health Solutions Inc. of Malvern, Pa.; and Actavis Pharma Inc. of Parsippany, N.J.
Sales representatives from these companies lobbied individual doctors and medical staffs in their offices to give, in detail, the supposed benefits of opioids for chronic pain, according to the suit.
"In 2014 alone, defendants spent $168 million in detailing branded opioids to doctors" throughout the United States, the suit says. "This amount is twice as much as defendants spent on detailing in 2000." Of that, $108 million was spent by Purdue, according to the suit.
The companies also used supposedly neutral, scientific third-party groups to make claims about the benefits and lack of risks of opioids that they did not claim in the companies' own advertisements, which are reviewed by the federal Food and Drug Administration for accuracy, the suit says.
Purdue paid $231,000 over five years to 11 doctors and other experts who promoted opioid use for chronic pain, as found in a case filed by the attorney general for the state of New York, according to the lawsuit.
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Oklahoma sues prescription opioid manufacturers
Jun 30, 2017 | The Hill
By Nathaniel Weixel
Oklahoma on Friday became the latest state to sue prescription opioid manufacturers, alleging that the companies made false and deceptive marketing statements about their painkillers that fueled the state’s epidemic of opioid addiction.
Oklahoma Attorney General Mike Hunter filed a lawsuit in state court against companies including Purdue Pharma LP, a Johnson & Johnson subsidiary, Teva Pharmaceuticals Industries and its subsidiary Cephalon, and Allergan.
The lawsuit makes Oklahoma the fourth state to sue opioid manufacturers over their marketing practices.
The lawsuit notes that Oklahoma is one of the hardest hit states amid the country's prescription opioid and heroin epidemic. Drug overdose deaths increased eightfold from 1999 to 2012, surpassing car crash deaths in 2009, the lawsuit said. Oklahoma ranks number one in milligrams of prescription opioids distributed per adult resident.
The defendants “make billions of dollars in profits through their deceptive and misleading opioid marketing campaign,” Hunter said in the lawsuit. The companies “executed massive and unprecedented marketing campaigns through which they misrepresented the risks of addiction from their opioids and touted unsubstantiated benefits,” the lawsuit stated.
The impact on Oklahoma “is catastrophic,” the lawsuit says, and the state is seeking damages and penalties to compensate it for costs related to addiction.
In a statement, Allergan said it supports “the safe, responsible use of prescription medications. This includes opioid medications, which when sold, prescribed and used responsibly, play an appropriate role in pain relief for millions of Americans.”
Purdue, which manufactures OxyContin, also said in a statement, “While we vigorously deny the allegations in the complaint, we share the attorney general’s concerns about the opioid crisis, and we are committed to working collaboratively to find solutions.”
Johnson & Johnson, whose subsidiary Janssen was also named in the lawsuit, said in a statement: “We recognize opioid abuse is a serious public health issue that must be addressed. At the same time, we firmly believe Janssen has acted responsibly and in the best interests of patients and physicians.”
Mississippi and Ohio both recently filed a lawsuit over companies's opioid practices, and The Associated Press reported that Teva recently agreed to pay $1.6 million for substance abuse treatment to settle a lawsuit brought by two California counties.
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Okla. AG sues some of country’s top opioid-producing companies
Jul 1, 2017 | KOCO 5 (OK)
By Zach Rael
Attorney General Mike Hunter is taking some of the country’s major drug companies to court.
In a lawsuit filed Friday, Hunter names four of the top opioid manufacturers, claiming they lied about how effective and addictive the drugs are -- all to make a profit. The lawsuit estimates 91 people die each day from opioid overdoes in the U.S.
“Today we begin a fight to hold these companies accountable,” Hunter said.
Hunter said the pharmaceutical companies named in the lawsuit -- Purdue Pharma, Allergan, Cephalon and Janssen Pharmaceuticals -- knowingly gave doctors and pharmacists false information. The lawsuit also claims the companies paid independent organizations to lie in support of the opioids.
“Creating a generation of Oklahomans who have become addicts, convicts or have met their death from opioid overdoses,” Hunter said.
Michael Berrage, a former federal judge in Oklahoma, is the lead attorney in the lawsuit.
“The lives they have destroyed through their fraudulent conduct, their fraudulent misrepresentations, has to be stopped,” Berrage said.
Hunter said the suit aims to stop the false claims, declare the companies violated state law and seeks payment of damages to the state and taxpayers. Hunter said the lawsuit could be worth billions of dollars.
Three of the four companies have denied the allegations.
The state will be collecting more evidence over the next few months before heading to a possible trial.
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Oklahoma Attorney General Sues Opioid Manufacturers
Jun 30, 2017 | News 9 OK
By Aaron Brilbeck
Oklahoma Attorney General Mike Hunter filed a lawsuit against four pharmaceutical companies, accusing them of fueling the state’s opioid epidemic by misleading doctors and pharmacists about the dangers of the drugs.
Reggie Whitten of FATE.Org applauds the move. His son, Brandon Whitten was the kind of son any dad would be proud of.
"My son was the homecoming king at Westmoore High School. He ended up playing college football." Whitten said.
That's when Brandon became addicted to pain pills. He was on those pills when he crashed his car, killing his girlfriend. Just three years later, he died when he crashed his motorcycle. Again, he was on pills.
"This is an epidemic and it acts like it's a chameleon. It acts like it's bad behavior but it's really not. It's good people who get addicted." Whitten said.
Whitton started FATE- Fighting Addiction Through Education, to try to stop addiction before it begins.
The Attorney General’s suit targets Purdue Pharma, Allergan, Cephalon and Janssen Pharmaceuticals.
“These companies have made in excess of $10 billion a year while creating a generation of Oklahomans who have become addicts, convicts or have met their death from opioid overdoses," Oklahoma Attorney General Mike Hunter said.
Whitten said the companies should pay for the problems they've caused, and for taking his son.
"One of the last things he ever told me, he said ‘Dad, I didn't know that if I started I couldn't stop.'”
We did reach out to the four companies named in the suit. They did not get back to us in time for this report.
To learn more about opioid addiction, visit: www.fate.org.
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Hunter Sues Four Pharmaceutical Companies over Opioid Abuse
Jun 30, 2017 | McCarville Report (OK)
Attorney General Mike Hunter Friday filed a lawsuit in Cleveland County against four of the nation’s leading manufacturers of opioid pain medication, claiming the effects of deceptive marketing campaigns over the last decade have fueled the state’s opioid epidemic.
The lawsuit states the four manufacturers worked with third parties, including those with influence in the medical community, to promote, market and sell opioids in the state. The four defendants are Purdue Pharma, Allergan, Cephalon and Janssen Pharmaceuticals.
Hunter said these companies deceived and manipulated Oklahomans into believing opioids were safe for use over an extended period. The lawsuit seeks to hold these companies responsible for the catastrophic damages the state has suffered from the current public health crisis. Thousands have died and the State and Oklahoma Citizens have spent millions of dollars on unnecessary and excessive opioid prescriptions.
“These companies have waged a fraudulent, decade–long marketing campaign to profit from the anguish of thousands of Oklahomans,” Hunter said. “These companies have made in excess of $10 billion a year, while our friends, family members, neighbors and loved ones have become addicts, gone to prison or died because of the opioid epidemic.
“Today, we begin a fight to hold these companies accountable, slow the crisis and build a healthier state. One death or one addiction related to opioids is too many.”
Former Oklahoma Federal Judge Michael Burrage will be lead attorney in the suit. Burrage, a native Oklahoman and past president of the Oklahoma Bar Association, said of the suit, “The pharmaceutical industry needs to be held accountable for their wrong doing. They should be required to compensate the State of Oklahoma and its taxpayers for the tremendous financial burden caused by the opioids flooding into our state.”
In numerous counts, the lawsuit alleges the companies violated Oklahoma’s Medicaid False Claims Act, the Consumer Protection Act and created a public nuisance.
The lawsuit claims companies knowingly presented false claims through marketing aimed at downplaying the risks of dependency on opioids and overstated the effectiveness of the drugs.
Company representatives engaged in deceptive trade practices by disseminating false statements and material to doctors and pharmacists and by omitting the results of academic reports related to the medical necessity of opioids.
Companies also used what were described as independent doctors or organizations to tout the legitimacy of the drugs for chronic pain management. The lawsuit alleges that, in reality, these third parties were paid to act as consultants to market the drugs and provide scientific support for the effectiveness of opioids while downplaying the risks of addiction and abuse.
Hunter is seeking the following in the case:
A declaration that the companies’ actions and practices violated state law;An injunction against the companies to stop misrepresentations and false claims in the state; Payment for damages and penalties caused by the defendants including: punitive, legal fees, Medicaid reimbursement and consumer reimbursement; All other relief to which the state is entitled.
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Oklahoma Attorney General files suit against five opioid manufacturers
Jul 3, 2017 | Miami Record
Oklahoma Attorney General Mike Hunter filed a lawsuit Friday, June 30 in Cleveland County against four of the nation’s leading manufacturers of opioid pain medication, claiming the effects of deceptive marketing campaigns over the last decade have fueled the state’s opioid epidemic.
The lawsuit states the four manufacturers worked with third parties, including those with influence in the medical community, to promote, market and sell opioids in the state. The four defendants are Purdue Pharma, Allergan, Cephalon and Janssen Pharmaceuticals.
Attorney General Hunter said these companies deceived and manipulated Oklahomans into believing opioids were safe for use over an extended period. Attorney General Hunter’s lawsuit seeks to hold these companies responsible for the catastrophic damages the state has suffered from the current public health crisis. Thousands have died and the State and Oklahoma Citizens have spent millions of dollars on unnecessary and excessive opioid prescriptions.
“These companies have waged a fraudulent, decade–long marketing campaign to profit from the anguish of thousands of Oklahomans,” Attorney General Hunter said. “These companies have made in excess of $10 billion a year, while our friends, family members, neighbors and loved ones have become addicts, gone to prison or died because of the opioid epidemic.
"Today, we begin a fight to hold these companies accountable, slow the crisis and build a healthier state. One death or one addiction related to opioids is too many.”
Former Oklahoma Federal Judge Michael Burrage will be lead attorney in the suit. Burrage, a native Oklahoman and past president of the Oklahoma Bar Association, said of the suit, “The pharmaceutical industry needs to be held accountable for their wrong doing. They should be required to compensate the State of Oklahoma and its taxpayers for the tremendous financial burden caused by the opioids flooding into our state.”
In numerous counts, the lawsuit alleges the companies violated Oklahoma’s Medicaid False Claims Act, the Consumer Protection Act and created a public nuisance.
The lawsuit claims companies knowingly presented false claims through marketing aimed at downplaying the risks of dependency on opioids and overstated the effectiveness of the drugs.
Company representatives engaged in deceptive trade practices by disseminating false statements and material to doctors and pharmacists and by omitting the results of academic reports related to the medical necessity of opioids.
Companies also used what were described as independent doctors or organizations to tout the legitimacy of the drugs for chronic pain management. The lawsuit alleges that, in reality, these third parties were paid to act as consultants to market the drugs and provide scientific support for the effectiveness of opioids while downplaying the risks of addiction and abuse.
Attorney General Hunter is seeking the following in the case:A declaration that the companies’ actions and practices violated state law;
An injunction against the companies to stop misrepresentations and false claims in the state;
Payment for damages and penalties caused by the defendants including: punitive, legal fees, Medicaid reimbursement and consumer reimbursement;
All other relief to which the state is entitled.
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Jersey County sues pharmaceutical companies for opioid fallout
Jul 4, 2017 | Belleville News Democrat
By Elizabeth Donald and Casey Bischel
Jersey County is suing pharmaceutical companies that it alleges made the prescription painkiller epidemic worse through deceptive marketing, and the lead attorney is the former chief judge of Madison County.
Jersey County State’s Attorney Ben Goetten filed suit against the makers of some of the most popular opioids, including OxyContin, Dilaudid, Opana, Percocet and others. To prosecute the suit, he has hired Ann Callis as assistant state’s attorney, as well as her Edwardsville law firm, Goldenberg Heller & Antognoli.
Callis was Madison County’s chief judge until she stepped down in 2014 to mount an unsuccessful challenge to U.S. Rep. Rodney Davis, R-Taylorville, for Congress.
“These drug companies have raked in billions of dollars by deceitful advertising and fraudulent conduct that has brought misery and heartbreak to our community,” Geotten said in a news release.
Johnson & Johnson and Teva Phamacueticals did not respond to requests for comment.
In a statement responding to a similar lawsuit brought in St. Clair County, Purdue Pharma told the BND: “We share public officials’ concerns about the opioid crisis and we are committed to working collaboratively to find solutions. OxyContin accounts for only 2 percent of the opioid analgesic prescription market nationally, but we are an industry leader in the development of abuse-deterrent technology and advocating for the use of prescription drug monitoring programs.”
The filing alleges that Purdue Pharma, Teva Pharmaceuticals, Johnson & Johnson and others duped health care providers and consumers by misrepresenting opioids’ risk of addiction, how much they could improve someone’s life, that withdrawal from opioids can be “easily managed” and more.
“They used doctors to spread deceptively that these opioid pain medications aren’t addictive,” Callis said.
Callis said when OxyContin was introduced, it was intended for cancer patients in extreme pain, but the $45 million profits in the late 90s were fairly stagnant. Once Purdue began marketing to non-chronic patients, she said, profits rose to $1.1 billion within four years, and more than $3 billion after 10 years.
The suit alleges that drug companies funded “key opinion leaders” to give misleading talks and present bad studies about their drugs to doctors, professional societies and patient groups. Callis said the companies funded and directed patient advocacy groups, which the suit calls “front groups,” to develop painkiller treatment guidelines that were then distributed by the companies themselves.
In 2007, three Purdue executives pleaded guilty in Virginia court to criminal fraud charges as the company paid $600 million in fines over the marketing of OxyContin. The executives personally paid $34.5 million, according to news reports.
But since then, not much has changed, Callis said.
“As a judge I saw it a lot, and now it’s even worse,” she said, describing felony dockets full of drug users committing other crimes to pay for more opioids. “Deaths and addictions are continuing to grow. Eighty percent of heroin users start with prescription opioids.”
The suit seeks penalties of $50,000 for every violation of the Illinois Fraud Act, an extra $10,000 per violation of the Act for people 65 and older, as well as the costs of the suit. If successful, Callis said, they hope to get injunctions to stop deceptive practices in marketing the drugs, and to earmark funds for addiction treatment.
Jersey County’s lawsuit is similar to one recently filed by St. Clair County State’s Attorney Brendan Kelly in April.
Since then, the suit was moved to federal court.
“While the suit is similar,” Goetten said, “the impact and potential damages from the opioid epidemic are unique to each individual county... There may be a time when these cases are consolidated but we chose to move forward to start the process.”
Other suits filed against pharmaceutical companies over opioids have been filed in several states, including Ohio, Mississippi, New York, California, Washington, and the Cherokee Nation. Meanwhile, Democratic and Republican congressmen formed a bipartisan heroin task force focused on opioid prescriptions as a gateway to heroin addiction — including Callis’ former opponent, Rep. Davis.
Arkansas Lawsuit
Oklahoma Follow On Coverage
Jersey County Lawsuit
Full Text of Stories Below
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