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Opioid Litigation Media Report 9/15/17
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Tacoma, Wash., files suit against 3 drugmakers for alleged role in opioid epidemic
Sep 14, 2017 | Becker's Hospital Review
By Brian Zimmerman
Attorneys for the city of Tacoma, Wash., filed a lawsuit Wednesday against Purdue Pharma, Endo Health Solutions and Janssen Pharmaceuticals for allegedly providing physicians and patients with misleading information regarding the safety and efficacy of their respective opioid products. -
Opioid presentation highlights scourge of illegal use of prescription drugs
Sep 14, 2017 | Charkoosta News
By Lailani Upham
A prescription opioid addiction epidemic is not only problematic in the local community or Indian Country — it is a modern American epidemic. -
Christie: No timetable for Trump declaring opioid epidemic a national emergency
Sep 14, 2017 | Cleveland.com
By Evan MacDonald
Federal officials and members of President Donald Trump's opioid commission on Thursday said additional steps are required before the administration can formally declare the opioid epidemic a national emergency. -
Pocket-lining Litigation Should be Avoided in Opioid Epidemic
Sep 15, 2017 | Legal Reader (Blog)
By Sara E. Teller
Many of the top drug manufacturers have recently taken heat for the crippling opioid epidemic and as more and more litigation surfaces, the number of overdoses is gradually decreasing. The Centers for Disease Control and Prevention recently reported that prescriptions written for opioid painkillers dropped more than 13 percent between 2012 and 2015. However, this is not an issue that can be resolved overnight and many believe that the focus primarily on manufacturers is misdirected and the use of trial lawyers should be avoided. -
KING 5 Noon News
Sep 14, 2017 | KONG Seattle, WA
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FOX23 News at Noon
Sep 14, 2017 | KOKI (Fox) Tulsa, OK
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KING 5 Morning News on KONG
Sep 15, 2017 | KONG Seatlle, WA
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Q13 News This Morning
Sep 14, 2017 | KCPQ (Fox) Seattle, WA
View clip here: https://app.criticalmention.com/app/#clip/view/29375185?token=d0e908bb-4b80-4166-b817-c501e49a50c4
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Tacoma, Wash., files suit against 3 drugmakers for alleged role in opioid epidemic
Sep 14, 2017 | Becker's Hospital Review
By Brian Zimmerman
Attorneys for the city of Tacoma, Wash., filed a lawsuit Wednesday against Purdue Pharma, Endo Health Solutions and Janssen Pharmaceuticals for allegedly providing physicians and patients with misleading information regarding the safety and efficacy of their respective opioid products.
The lawsuit alleges the drugmakers made false claims to patients and physicians in Tacoma about the addictive nature of their opioid painkillers over the last 20 years. These actions contributed to increased rates of opioid use among residents, which boosted the city's healthcare and public health costs, the suit alleges..
"The City of Tacoma joins other municipalities, counties and states across the country that are seeking to hold opioid manufacturers liable for the harms they have inflicted on the community and the financial burden their product has caused taxpayers," said Tacoma City Manager Elizabeth Pauli. "We will vigorously pursue these claims and are exploring all of our available options at this time as we work to protect our community members from the harm caused by the companies that put their profits ahead of our community’s safety."
Tacoma officials estimate at least half of the city's homeless population is addicted to opioids.
"While we vigorously deny the allegations, we share public officials' concerns about the opioid crisis, and we are committed to working collaboratively to find solutions," Purdue Pharma spokesman John Puskar told Becker's via email.
William Foster, a spokesperson for Janssen Pharmaceuticals, told Becker's the drugmaker recognizes "opioid abuse is a serious public health issue that must be addressed. At the same time, we firmly believe the allegations in these lawsuits are both legally and factually unfounded."
Endo Health Solutions did not immediately respond to Becker's requests for comment.
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Opioid presentation highlights scourge of illegal use of prescription drugs
Sep 14, 2017 | Charkoosta News
By Lailani Upham
A prescription opioid addiction epidemic is not only problematic in the local community or Indian Country — it is a modern American epidemic.
Presently, citizens of Indian nations, states, counties, and cities across America are rolling up their sleeves to fight long and hard on behalf of their communities against the opioid industries alleged fraudulent marketing.
Last Thursday, Watts and Guerra law firm of Texas made a visit to the Confederated Salish and Kootenai Tribal Council to offer their services to represent CSKT in an opioid lawsuit. Melanie Smith, a concerned CSKT tribal member, made contact with the law firm this summer. The firm sent attorney Guy Watts to present to CSKT Tribal Council. Smith, who says she has witnessed in her community the devastation of opioid addictions and deaths, felt it was important the firm and council connect and discuss a possible litigation suit.
Watts and Guerra are currently representing other cities and counties across the nation.
“The most at risk are our babies that are born addicted,” Smith told the Council as she introduced Guy Watts, Texas law firm attorney. “This is a real issue near to all of us.”
Watts opened with the past prescription opioid abuse epidemic through Indian Country and the substantial loss of resources, addictions, disabilities, childhood development problems, and death. He also spoke about the future fight of ending it and beginning the journey of healing for communities.
Watts said the theories of liability in early oxycontin cases are: negligent promotion, consumer fraud and failure to warn. He informed CSKT Tribal Council that the pharmaceutical industry targeted new practice areas nearly two decades ago. Watts said that in the past 10 years the public health agencies reported the opioid epidemic grew and National Institute of Health identified drug companies aggressive marketing as a the main contributor to the nation’s opioid abuse problem.
According to the Society of Addiction Medicine in the United States there have been 18,893 overdose deaths related to prescription pain relievers in 2014.
Watts informed CSKT Tribal Council the first Indian nation to file suit was the Cherokee Nation in Tahlequah, Oklahoma.
Last month an AP press release stated the Cherokee Nation Attorney General Todd Hembree filed written arguments with U.S. District Judge Terence Kern in a lawsuit that alleges pharmaceutical companies have contributed to "an epidemic of prescription opioid abuse" among the tribe's citizens. The lawsuit alleges that six distribution and pharmaceutical companies have initiated conditions in which "vast amounts of opioids have flowed freely from manufacturers to abusers and drug dealers" within the tribe's territory. Opioid-related addiction has taken the lives of hundreds of Cherokee citizens and cost the tribe hundreds of millions of dollars in health care costs, the lawsuit says.
CSKT Tribal Council members asked how much the lawsuit outcome might be and what are the details of the pursuit for the CSKT community.
Watts said the focus for pleading the case on behalf of CSKT would be: who built the epidemic; how did they build it; whom did they harm; and how was the community harmed.
Smith said the epidemic’s largest cost of the tribes’ money is in the cost of care when kids are removed and when babies are born into the addiction.
CSKT Chairman Vernon Finley asked what an estimated cost of the effects of addiction might look like. CSKT DHRD Director Arlene Templer said that according DHRD records there were 39 children born addicted from January to August and the average cost for hospital care is $40,000 per child. Hospital care for the 39 babies alone was more than $1.5 million.
Watts said current communities seeking legal damages related to opioid addiction abuse are: health care costs; criminal justice and victimization costs; social costs; family and child welfare costs; and loss of productivity costs.
He said the case would be intense in the first couple months and then cool down for a possible 18 months to five years.
“We would be asking 100 percent reimbursement cost,” said Watts.
CSKT Ronan Rep. Carole Lankford stated the need for an inside meeting would be required before any decision.
Lankford said she commended the opioid epidemic awareness presentation to Smith and Watts, but added, “I applaud you for your efforts— but we use our own attorneys.” Council is still considering the legal landscape to determine the best options for CSKT.
The Associated Press reported that in early August the New Hampshire attorney general’s office sued Purdue Pharma alleging that the drug manufacturer has continued its deceptive marketing of OxyContin in a state that has been called the “ground zero” of the opioid epidemic.
In a civil complaint, the state alleges that Purdue Pharma has downplayed the drug's risk of addiction, overstated its effectiveness, claimed it is nearly impossible to abuse and failed to report suspicious prescribers. It's the latest in a string of lawsuits by state, county and local governments accusing prescription opioid manufacturers of fraud and deceptive marketing.
In mid-August AP reported the Cherokee Nation Attorney General Todd Hembree had filed written arguments with U.S. District Judge Terence Kern in a lawsuit that alleges pharmaceutical companies have contributed to "an epidemic of prescription opioid abuse" among the tribe's citizens. The lawsuit alleges that six distribution and pharmaceutical companies have created conditions in which "vast amounts of opioids have flowed freely from manufacturers to abusers and drug dealers" within the tribe's territory.
In July, the Washington Post reported a combination of states, cities and counties have filed civil suits against manufacturers, distributors and even large drugstore chains that make up a $13 billion-a-year opioid industry. Since then a dozen more states are considering legal action and are currently interviewing law firms. The Post reports two congressional panels are examining the industry: the Senate Homeland Security and Governmental Affairs Committee, and the House Energy and Commerce Committee. In addition, the Justice Department’s inspector general is investigating why the Drug Enforcement Administration slowed its enforcement efforts against drug distributors.
According to an investigative report from the WP, representatives of the companies deny the wrongdoing and say they are taking steps to keep drugs off the black market and are halting the overdose and addictions epidemic with a team effort through doctors, the industry, federal and local government agencies.
According to the WP investigation, the D.C. Court of Appeals rejected arguments on Friday, June 30, from Masters Pharmaceutical, a drug distributor that would have undermined the DEA’s ability to hold companies responsible for pain pills that are diverted to the black market.
The report included that the many lawsuits are increasing due to states and communities wrestling with the economic impact of the prescription drug epidemic that has resulted in nearly 180,000 overdose deaths between the years 2000 to 2015.
An AP press release on August 8 reported the New Hampshire attorney general's office has been investigating half a dozen drug companies and their marketing practices for two years. During that time, the opioid problem has continued to grow. Nearly 500 people died of overdoses in 2016 — a nearly ten-fold increase since 2000.
A University of Kentucky College of Law Professor Richard Ausness said winning the lawsuits will not be easy and said it is likely the companies will settle rather than try to defend. “They ship a drug that’s approved by the FDA and then bunch of bad actors intervene — pill mills, doctors who overprescribe and the addicts themselves. That’s a pretty strong argument,” Auness stated in a July WP article.
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Christie: No timetable for Trump declaring opioid epidemic a national emergency
Sep 14, 2017 | Cleveland.com
By Evan MacDonald
Federal officials and members of President Donald Trump's opioid commission on Thursday said additional steps are required before the administration can formally declare the opioid epidemic a national emergency.
Trump, acting on his commission's recommendation, announced last month that he intended to declare the epidemic a national emergency. The Trump administration has not yet made the formal declaration.
New Jersey Gov. Chris Christie, the chairman of the commission, said Thursday at the Louis Stokes Cleveland VA Medical Center that the president is working to ensure government agencies will have "ready access" to resources they will need to combat the epidemic once the national emergency is declared.
Christie did not offer a timetable for such a declaration.
"The biggest problem would be if we did it in a way that was haphazard and less effective," Christie said. "I'm confident, from talking to the president, that he's awaiting the best advice that is very soon to come to him. I don't doubt for a moment his resolve."
Commission member Patrick Kennedy, a former Democratic congressman from Rhode Island, said a "FEMA-type response," like the reactions to Hurricanes Harvey and Irma, is needed to address the opioid epidemic.
"We're understanding that, as we see the urgency placed upon these other national disasters, we need to appreciate that there's an urgency around this national disaster that merits the same comprehensive approach," Kennedy said.
Counselor to the President Kellyanne Conway and Secretary of Veteran's Affairs David Shulkin joined Christie and Kennedy on Thursday the Cleveland VA, which they touted as a national leader in the fight against the opioid epidemic.
"Our goal is really to understand the best practices [for treatment], like those in your facility here," Conway said. "It's also to combine a multi-layered approach that takes into account interdiction, treatment and recovery, and prevention."
Shulkin announced the release of a set of best practices that VA doctors will use in pain management treatment. They encourage healthcare professionals to find alternative treatments rather than painkillers, and to strictly monitor patients to prevent addiction.
The best practices are culled from VA medical centers across the U.S., and will be shared with others in government and the healthcare industry.
The Northeast Ohio VA Healthcare System has been particularly effective at minimizing the use of prescription painkillers in pain management, Shulkin said. The local system has reduced opioid prescriptions by nearly 25 percent since 2010, while other healthcare providers in Northeast Ohio have reduced prescriptions by less than 10 percent, according to VA statistics.
"We're trying to implement these best practices in more effective ways to be able to replicate what we're seeing here in Cleveland," Shulkin said.
Opioid prescriptions are down at VA hospitals across the country. There are 240,000 fewer VA hospital patients using opioids than there were in 2013, Shulkin said.
The president's commission released an initial report last month that included preliminary recommendations for combating the opioid epidemic. The commission is planning to release a final report Nov. 1, Christie said.
One of the commission's goals is to push pharmaceutical companies to develop new pain treatments that do not involve opioids, Christie said.
"When we engage the pharmaceutical industry, we want to make sure they understand it's a national imperative to provide more options to the American people and the medical community beyond opioids and the limited number of other options that are available right now."
Unintentional drug overdoses killed more than 4,000 people last year in Ohio, a significant spike from 3,050 in 2015, according to the state's Department of Health. Overdoses killed 666 people in Cuyahoga County last year, up from 370 in 2015.
Officials said the prevalence of fentanyl, a synthetic opioid analgesic that is often mixed with heroin, caused last year's spike in deaths. Fentanyl was a factor in 399 of the 666 overdose deaths reported in Cuyahoga County, according to the medical examiner's office. The drug's pervasiveness has risen dramatically in the past three years; fentanyl was involved in five deaths in 2013, 37 in 2014 and 92 in 2015, statistics show.
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Pocket-lining Litigation Should be Avoided in Opioid Epidemic
Sep 15, 2017 | Legal Reader (Blog)
By Sara E. Teller
Many of the top drug manufacturers have recently taken heat for the crippling opioid epidemic and as more and more litigation surfaces, the number of overdoses is gradually decreasing. The Centers for Disease Control and Prevention recently reported that prescriptions written for opioid painkillers dropped more than 13 percent between 2012 and 2015. However, this is not an issue that can be resolved overnight and many believe that the focus primarily on manufacturers is misdirected and the use of trial lawyers should be avoided.
The American Tort Reform Association (ATRA), based in Washington, D.C., is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. Its members include more than 300 nonprofit organizations and companies, as well as trade, business and professional associations from the state and national level. Founded in 1986, ATRA strives toward promoting transparency and accountability.
ATRA is actively seeking reform to the blame-game in the opioid epidemic, claiming trial attorneys for plaintiffs generally make one-third of any compensation won plus expenses. This means it’s highly lucrative to represent companies in such matters, a fact which was well researched by plaintiff lawyers before deciding to push for involvement. The attorneys have an incentive to maximize their pay out regardless of whether they are litigating for the public’s best interest. Therefore, the use of these attorneys should be avoided.
“The hiring of outside counsel by state attorneys general may be appropriate in some instances. But there have been many well-documented abuses of these arrangements,” explained ATRA president Tiger Joyce. “So it is most important that litigation initiated by state or local governments truly serves the public interest, and does not ultimately serve the self-interest of the plaintiffs’ bar. Drawing a bright line between these obviously conflicting interests has been an ATRA policy priority for more than a decade, animating our drive to enact common sense statutes – in 18 states thus far – that promote accountability and transparency when public authorities feel compelled to hire outside counsel to run major lawsuits.”
ATRA has been actively involved in Astroturfing – creating fake grassroots campaigns – geared toward tort reform, leading to the creation of regional groups including Citizens Against Lawsuit Abuse (CALA) and Sick of Lawsuits. The organization also worked to develop reforms such as placing limits on contingency fees. Government officials who rely on private contingency fee attorneys to represent public interest, such is the case with the opioid crisis, also put their own reputations on the line, according to ATRA leaders. Such practices should be avoided.
“After all, public health and safety must be the ultimate goals. Elected legislators and executives, and the expert regulators they appoint, must not leave such important policy making to trial lawyers, especially when there are such obvious conflicts between public and private interests”, Joyce said. “We must avoid ‘regulation through litigation,’ which has long been recognized as a corrosive.” In letting trial lawyers and their mission to line their pockets take over the crisis, important policy changes will not be enacted. The focus needs to be redirected to the proper sources in order for the issue to be successfully resolved.
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Sep 14, 2017 | KONG Seattle, WA
View clip here: https://app.criticalmention.com/app/#clip/view/29375162?token=d0e908bb-4b80-4166-b817-c501e49a50c4
Rough transcript: it's a case trying to hold the three largest drug manufacturers of opioids responsible for the misrepresentations they have made about the safety of opioids. >> tacoma is take on big pharma. The city has filed a lawsuit against three opioid manufacturers to hold them accountable for the nation’s opioid crisis. >> the complaint itself is a pretty big statement. being the second city in the state but joining the approximately over 30 over jurisdictions that felt the need to do something about this. >> the suit names three companies purdue pharma, endo, and janssen saying they gave misleading statements about the drug's benefits and risks. the opioid crisis has grown over the past two decades to an epidemic level. Everett filed a similar lawsuit this year that case is still moving forward in the court system.
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Sep 14, 2017 | KOKI (Fox) Tulsa, OK
View clip here: https://app.criticalmention.com/app/#clip/view/29375174?token=d0e908bb-4b80-4166-b817-c501e49a50c4
Rough transcript: oklahoma is one of four states suing the nation's leading manufacturers of opioid pain medication. attorney general mike hunter filed the lawsuit in june claiming deceptive marketing has fueled the epidemic. the lawsuit claims opioid manufacturers lied over the last decade about how effective and addictive the drugs are to turn a profit. hunter has been personal impacted by opioids. >> mike lost a brilliant, beautiful, young niece to an opioid overdose. we hope to, on behalf of the state's taxpayers, recoup the billions of dollars that have been expended because of opioid abuse. >>> the companies deny the allegations saying they recognize that opioid abuse is a serious public health issue.
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Sep 15, 2017 | KONG Seatlle, WA
View clip here: https://app.criticalmention.com/app/#clip/view/29375179?token=d0e908bb-4b80-4166-b817-c501e49a50c4
Rough transcript: tacoma is taking on big pharma. It has filed a lawsuit against three manufacturers and seeking to hold them responsible for opioid addiction. >> the complaint is a big statement and being the second city in the state but joining the approximately 30 other jurisdictions that feel the need to do something about this. >> the suit names three companies, purdue, endo and janssen. It claims all three manufacturers made misleading states about the benefits and the risks of the drugs. The problems related to opioid addiction have grown over the past two decades. Everett filed a similar lawsuit earlier this year and that case is still moving forward.
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Sep 14, 2017 | KCPQ (Fox) Seattle, WA
View clip here: https://app.criticalmention.com/app/#clip/view/29375185?token=d0e908bb-4b80-4166-b817-c501e49a50c4
the city up of tacoma is suing the top manufacturers of prescription opioids in the u.s. this follows a similar lawsuit filed by the city of everett. the lawsuit names purdue, endo and janssen accusing the pharamceutical companies of providing falses and misleading information about the safety of drugs like oxycotin as well as downplaying the risk of addiction. the suit says that tacoma paramedics are overwhelmed by opioid related calls and claims half of the city's homeless are addicted to opioids.
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