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Opioid Daily Media Report 8/28
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Alaska hires law firm for potential opioid-related lawsuit
Aug 25, 2017 | Reuters
By Nate Raymond
Alaska has hired the law firm Motley Rice to investigate pursuing a lawsuit over opioid painkillers amid a flurry of cases by state and local governments blaming drugmakers and distributors for contributing to an addiction epidemic. -
Broome will coordinate opioid lawsuit with eight counties
Aug 25, 2017 | Press & Sun Bulletin
By Hannah Schwarz
Nine counties across New York are coordinating their lawsuits against major opioid manufacturers after the companies requested the cases be overseen by a single county in order to centralize the process. -
Maryland attorney general takes on drugs, fraud, feds
Aug 27, 2017 | Herald Mail Media
By Tamela Baker
Despite changes Maryland has made in its justice system to deal with the opioid epidemic, more is needed to combat the problem, Attorney General Brian Frosh said Thursday. -
A call to action for West Virginians
Aug 28, 2017 | The State Journal (WV)
By Patrick Morrisey (WV AG)
We are in a crisis — one that can only be solved with a great deal of hard work and engagement from citizens across our state. -
13abc Action News at 4:30 a.m.
Aug 28, 2017 | WTVG (ABC)
By Toledo, OH
VIDEO LINK: http://app.criticalmention.com/app/#clip/view/29033440?token=cb179feb-3ec8-4098-90fa-0ca598ef712d Rough Transcript: "toledo mayoral candidate wade kapszukiewicz is holding a press conference this morning to announce his plan for attacking the opiod epidemic. he says if he's elected .. he'll have the city join a lawsuit against opioid manufacturers." -
Capital Tonight
Aug 25, 2017 | Spectrum News
By Albany, Buffalo, Rochester
VIDEO LINK: http://app.criticalmention.com/app/#clip/view/29033537?token=cb179feb-3ec8-4098-90fa-0ca598ef712d Rough Transcript: " Chautauqua county government is filing a lawsuit against drug manufacturers for their role in the local opioid crisis. that comes as two former addicts are looking to helpial others who need help. >> i'm personally a recovering addict of two and a half years. i have overdosed in jamestown. 8:06 PM>> reporter: chanda lynn of jamestown was addicted to heroin and other drugs and has been sharing her story nationally for more than a year: lynn is organizing a rally to recover jamestown, set for saturday, september 23 at the allen park band shell complete with live music, guest speakers, and communitye resources for those who need help. >> a great first step. you have to advocate fore your own life if you want to live. and if you come here, we will get you treatment. we will get you help. wen will do it anonymously. >> reporter: adrianne madden was on narcotic pain meds for 30 # years. and has lived the last three years without them. she is helping her granddaughter plan the rally to help break the damaging stigma of addiction. >> there is too many people out there that think that we are all junkies. and we don't deserve to live. that is not true. we are doctors. we are lawyers. we are policemen. grandmothers. >> reporter: last year, we had 21 opiate deaths. this is continuing to be a major problem. >> reporter: the county has joined several others in a lawsuit against major drug manufacturers. lawmakers pass as rez rest lose wednesday to recoup taxpayer dollars spent on combating the crisis. >> enormous cost. in law enforcement, in our jails, and foster care. and public assistance and on it goes. we believe the right thing to do is to join in."
Traditional Media Coverage
Broadcast Media Coverage
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Alaska hires law firm for potential opioid-related lawsuit
Aug 25, 2017 | Reuters
By Nate Raymond
Alaska has hired the law firm Motley Rice to investigate pursuing a lawsuit over opioid painkillers amid a flurry of cases by state and local governments blaming drugmakers and distributors for contributing to an addiction epidemic.
A spokeswoman for Alaska Attorney General Jahna Lindemuth late on Thursday confirmed the hiring of Motley Rice, which earlier this month brought lawsuits on behalf of New Hampshire and South Carolina against OxyContin maker Purdue Pharma LP.
To read the full story on WestlawNext Practitioner Insights, click here: bit.ly/2wbtxMK
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Broome will coordinate opioid lawsuit with eight counties
Aug 25, 2017 | Press & Sun Bulletin
By Hannah Schwarz
Nine counties across New York are coordinating their lawsuits against major opioid manufacturers after the companies requested the cases be overseen by a single county in order to centralize the process.
The cases, in which the counties claim multiple pharmaceutical companies intentionally misrepresented the addictive nature of opioids, costing county governments millions in emergency services and healthcare costs, will be overseen by a judge in Suffolk County, the first county in the state to file one of these lawsuits.
Each lawsuit will remain separate and will return to their respective counties if any of them proceed to trial. Erie, Dutchess, Nassau, Orange, Seneca, Schenectady, Sullivan, Suffolk and Broome are the nine counties suing.
At least four other counties — Schuyler, Niagara, Rensselaer and Cattaraugus — have retained counsel to join the suit.
Their cases will be coordinated with the others as soon as they're filed, said Joseph Ciaccio, an associate at Napoli, Shkolnik PLLC, the firm that's been retained to represent the four counties, as well as Nassau.
Broome filed its own suit against the pharmaceutical companies and four physicians Feb. 1, seeking damages and alleging the companies created the "false perception" that opioids aren't highly addictive by engaging in a "coordinated, sophisticated and highly deceptive marketing campaign."
The companies have asked for the case to be dismissed, arguing the county's claims don't amount to anything for which the companies could be sued. It's typical for defendants in these cases to ask for dismissal.
Coordinating cases is mostly a logistical move, and isn't the same as moving for a class action suit.
New York's Litigation Coordinating Panel, which decides whether cases can go forward as coordinated suits, approved the motion July 17.
"Each county has their own individual cases, but just for the initial stages of the case and discovery," the cases will be coordinated, Ciaccio said.
If the defendants move to settle, it's not clear whether they'll decide to do so with counties individually, or will offer a lump sum for counties to divvy up among themselves, said Paul Hanly, shareholder at Simmons Hanly Conroy — which is representing eight New York counties — and lead counsel in the cases.
If they take the latter tack, he said, counties will have to decide whether money should be allocated on a per capita or geographic basis.
New York counties aren't the only municipalities jumping on suits to recoup the money they claim they've lost as a result of the opioid epidemic.
Chicago sued six pharmaceutical companies in 2015, alleging they overstated the benefits of opioids and failed to properly disclose their risks.
Purdue agreed to a $19.5 million settlement with 26 states in 2007, and pleaded guilty that same year in a federal case where the company had to pay $600 million in fines and fees.
In the past few months, Ohio, Oklahoma and Missouri have all filed suits against opioid manufacturers. Three counties in Tennessee are also suing.
The opioid suits are reminiscent of tobacco lawsuits in the late 1990s that ultimately led the four major tobacco producers to settle with states for $206 billion.
None of those cases went to trial.
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Maryland attorney general takes on drugs, fraud, feds
Aug 27, 2017 | Herald Mail Media
By Tamela Baker
Despite changes Maryland has made in its justice system to deal with the opioid epidemic, more is needed to combat the problem, Attorney General Brian Frosh said Thursday.
In fact, in the past year, Maryland has "probably lost ground, as have other states" he said during a wide-ranging interview with Herald-Mail Media.
Earlier this month, Frosh's office indicted 11 people, including two doctors, for operating "pill mills." One doctor was selling prescriptions out of his car, and the other led a ring of conspirators to distribute drugs. That doctor also was charged with Medicaid fraud.
But while "we hope we can catch the worst of the worst," he said, "we can't arrest and incarcerate our way out."
While the state has adjusted its focus to more treatment for those addicted to heroin and opioids, "we need more treatment beds," Frosh said. "There's a lot more work to do."
Frosh has joined attorneys general in other states in taking the fight beyond prosecuting dealers. They're investigating drug manufacturers, as well.
Some manufacturers have claimed their opioids aren't addictive, he said. Patients have been prescribed more than they need, have become addicted and found they can't afford the opioids, and switched to heroin. The result has been an upsurge in overdoses and deaths. Frosh said nearly all states are now investigating, some in collaboration with other states and some on their own.
Price gouging
Plans to go after drug manufacturers for a different reason already have attracted a lawsuit from a generic-drugs trade group. Frosh sought legislation during this year's General Assembly to prevent price gouging by generic-drug manufacturers. The law becomes effective Oct. 1.
But the Association for Accessible Medicines filed a federal lawsuit last month seeking an injunction, claiming the law violates the Commerce Clause of the U.S. Constitution.
While generic drugs have historically cost less, Frosh noted their prices have started to spike — some 300 have spiked 100 percent or more.
Affording medications is "a life-or-death issue for many people," he said.
Suing the feds
The General Assembly this year also gave the attorney general authority to sue the federal government without prior approval, and Frosh has put that legislation to immediate use, although "in every instance," he has sued along with attorneys general from other states, he said.
The first suit filed was against the first Muslim ban issued by President Donald Trump. Frosh said he filed the suit for several reasons.
The first was "the violation of the First Amendment, singling out a religion for discrimination," he said.
Additionally, he believed the ban was "bad for America. We've been the beneficiary of a brain drain (from other countries) since World War II. Fifty-two percent of the people who do biomedical research here are foreign-born. It's crazy for us to turn that off."
He noted that several high-tech companies started leasing space in Canada as a result of the ban.
"It's a self-destructive policy," Frosh said.
Frosh also joined other states to sue over Trump's threats to withhold cost-share reduction payments through the Affordable Care Act.
"There are 400,000 Marylanders who are dependent upon this insurance," he said.
Last month, he joined 18 other states suing U.S. Department of Education and Secretary Betsy DeVos for rescinding the Borrower Defense Rule, which was set to go into effect July 1. The provisions under the rule were finalized in the waning months of the Obama administration to protect students from predatory practices by for-profit schools that Frosh said "are great at marketing, but lousy at delivering education."
Frosh said students who completed the courses still lacked basic skills.
"They found their degrees were worthless," he said.
The Borrower Defense Rule was developed because many of the schools included an arbitration clause in their contracts with students that prevented students from suing. It forbids schools that accept federal aid from using forced arbitration to stop students from suing.
He's also participated in a series of environmental lawsuits as the Trump administration has moved to loosen regulations.
Frosh is a former state senator from Montgomery County. He was elected attorney general in 2014, and although he has not officially announced a re-election bid for next year, he said he likes the job.
What has surprised him in the role, he said, is that "there are so many people who are willing to take advantage of their neighbors. … Wherever you find folks who are vulnerable, there are people who are willing to take (what they have) away from them. It's just astonishing how many scams there are."
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A call to action for West Virginians
Aug 28, 2017 | The State Journal (WV)
By Patrick Morrisey (WV AG)
We are in a crisis — one that can only be solved with a great deal of hard work and engagement from citizens across our state.
Opioid addiction continues to decimate West Virginia, reducing our workforce, tearing apart families and, ultimately, claiming lives day after day.
This reminds me of an old tale about a frog in a boiling pot. The story went that a frog in a slowly heated pot would not jump out, but would unwittingly stay in the water until it boiled.
While modern science has disproven this once widely-held assumption, the metaphor is still instructive. Every West Virginian must realize the growing dangers associated with our state’s opioid epidemic.
Each and every day, we are inundated with news of the drug crisis. With all of the negative news around us, it is easy to become desensitized to the drug problem. Yet this is when we most need to charge into the fight with vigor and a renewed sense of purpose.
Unfortunately, the demand for opioids remains incredibly high.
We need more action now from people and communities across our state, as well as local, state and the federal governments. All of us must fight this problem from a supply, a demand and an educational perspective.
We believe all stakeholders should be held accountable, as evidenced by our office filing lawsuits against all culpable parts of the pharmaceutical supply chain.
We are enforcing the law against physicians, pharmacies, wholesalers and manufacturers who have flooded our state with pills. Some of our work included shutting down a pain clinic and reaching $47 million in settlements with 12 drug wholesalers, a record-breaking amount for our state.
The dealers who peddle drugs in our communities must also be punished. We contribute to the fight by cross-designating two lawyers from the Attorney General’s Office as Special Assistant U.S. Attorneys.
So far this partnership has garnered eight convictions. This means eight fewer dealers peddling their poison to our kids — a win for our communities and example of everyone pulling together for a common cause.
We must also change the financial incentives to prescribe opioids, and urge prescribers to avoid recommending such highly addictive and deadly medications as a first-line treatment option.
Last year, we set forth best practices for prescribing and dispensing opioid-based medications. Our strategy gained support from more than 25 national and state stakeholders. It emphasized the need to watch for warning signs of drug abuse and consider non-opioid alternatives, such as physical, occupational and massage therapy, along with chiropractic medicine, acupuncture and over-the-counter medications.
While there are many initiatives that are needed to combat demand, our office is partnering with grassroots efforts in communities that are working to solve the crisis in their backyards. Recently, we have been working to equip faith-based organizations and other individuals who seek to help our citizens avoid the perils of addiction.
Our office has also helped advance a number of educational initiatives to fight drug abuse. This includes crafting legislation to increase opioid education, partnering with nursing students to spread the message in middle schools and sponsoring a “Kids Kick Opioids” public service announcement contest to engage elementary students and raise awareness statewide. We also implemented a high school sports initiative to highlight the risks of prescription opioid use in young athletes.
These efforts are helping families, but the addiction crisis is a massive issue that will take everyone’s involvement. We cannot sit. We must be proactive.
There is no “quick fix” for this epidemic.
It will take hard work, treatment for those who need it most and a concerted effort between law enforcement, prosecutors, prescribers and particularly, citizens to make additional progress on this problem and help West Virginia reach her full potential.
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13abc Action News at 4:30 a.m.
Aug 28, 2017 | WTVG (ABC)
By Toledo, OH
VIDEO LINK: http://app.criticalmention.com/app/#clip/view/29033440?token=cb179feb-3ec8-4098-90fa-0ca598ef712d
Rough Transcript: "toledo mayoral candidate wade kapszukiewicz is holding a press conference this morning to announce his plan for attacking the opiod epidemic. he says if he's elected .. he'll have the city join a lawsuit against opioid manufacturers." -
Aug 25, 2017 | Spectrum News
By Albany, Buffalo, Rochester
VIDEO LINK: http://app.criticalmention.com/app/#clip/view/29033537?token=cb179feb-3ec8-4098-90fa-0ca598ef712d
Rough Transcript: " Chautauqua county government is filing a lawsuit against drug manufacturers for their role in the local opioid crisis. that comes as two former addicts are looking to helpial others who need help. >> i'm personally a recovering addict of two and a half years. i have overdosed in jamestown. 8:06 PM>> reporter: chanda lynn of jamestown was addicted to heroin and other drugs and has been sharing her story nationally for more than a year: lynn is organizing a rally to recover jamestown, set for saturday, september 23 at the allen park band shell complete with live music, guest speakers, and communitye resources for those who need help. >> a great first step. you have to advocate fore your own life if you want to live. and if you come here, we will get you treatment. we will get you help. wen will do it anonymously. >> reporter: adrianne madden was on narcotic pain meds for 30 # years. and has lived the last three years without them. she is helping her granddaughter plan the rally to help break the damaging stigma of addiction. >> there is too many people out there that think that we are all junkies. and we don't deserve to live. that is not true. we are doctors. we are lawyers. we are policemen. grandmothers. >> reporter: last year, we had 21 opiate deaths. this is continuing to be a major problem. >> reporter: the county has joined several others in a lawsuit against major drug manufacturers. lawmakers pass as rez rest lose wednesday to recoup taxpayer dollars spent on combating the crisis. >> enormous cost. in law enforcement, in our jails, and foster care. and public assistance and on it goes. we believe the right thing to do is to join in."
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