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Opioid Litigation Media Report 11/3/17

Shelby Lawsuit

Shelby County Commissioners file opioid lawsuit against drug companies (VIDEO)
Nov 2, 2017 | WREG Memphis (TN)
By April Thompson

It wasn't the full Shelby County Commission, but four of the 13 commissioners went before cameras Thursday to say they have an answer to the opioid crisis plaguing the community. View clip here: http://wreg.com/2017/11/02/shelby-county-commissioners-file-opioid-lawsuit/
Addiction Specialist Calls Lawsuit Over Opioid Crisis (VIDEO)
Nov 2, 2017 | Local Memphis
By Brad Broders

While some Shelby County leaders blasted the lawsuit filed by Shelby County Thursday over the opioid crisis, those in the Mid-South who treat opioid addiction say the legal action is justified and overdue. View clip here: http://www.localmemphis.com/news/local-news/addiction-specialist-calls-lawsuit-over-opioid-crisis-justified-and-overdue/850105519
Opioid lawsuit sparks controversy in Shelby County (VIDEO)
Nov 2, 2017 | WMC Action News 5

Lawyers for Shelby County Commission filed a massive lawsuit Thursday against pharmaceutical companies, drug distributors, and some doctors over the opioid epidemic. But the lawsuit brought an unexpected political controversy of its own. View clip here: http://www.wmcactionnews5.com/story/36748441/opioid-lawsuit-sparks-controversy-in-shelby-county
4 Shelby County commissioners announce lawsuit in efforts to combat opioid addiction epidemic (VIDEO)
Nov 2, 2017 | Fox 13 Memphis (TN)
By Shelby Sansone

Four Shelby County commissioners announced a lawsuit to try and combat the opioid addiction epidemic, despite the mayor’s plans to do so. View clip here: http://www.fox13memphis.com/top-stories/4-shelby-county-commissioners-announce-lawsuit-in-efforts-to-combat-opioid-addiction-epidemic/637199400

Other Litigation Coverage

Ohio AG rolls out new initiatives to address state opioid crisis — calls on drug companies to pay for them
Nov 2, 2017 | Becker's Hospital Review
By Brian Zimmerman

Ohio Attorney General Mike DeWine introduced a package of initiatives Monday to address the state's ongoing opioid overdose crisis.
Quincy to sue Big Pharma over opioid crisis
Nov 2, 2017 | Mass Live (MA)
By Kristin LaFratta

The City of Quincy plans to sue pharmaceutical companies in response to the opioid crisis.
Quincy to take on opioid crisis, big pharma in courtroom
Nov 2, 2017 | Boston Herald (MA)
By Chris Villani

The city of Quincy is opening a new front in battling the opioid crisis, taking big pharma to court.
Woburn Joins Group Suing Prescription Opiate Companies
Nov 3, 2017 | Woburn Patch (MA)
By Dave Copeland

Woburn said Friday it is joining a multi-district lawsuit against companies that make and sell prescription opioids. In a statement posted on the city's Website, Mayor Scott Galvin said the litigiation being filed by Rodman, Rodman & Sandman P.C. seeks to hold the companies "responsible for the burdens that opioids have placed on Woburn."
Milwaukee County approves legal action against pharmaceutical opioid makers and distributors
Nov 2, 2017 | Milwaukee Journal Sentinel (WI)
By Don Behm

Milwaukee County moved closer Thursday to a legal battle with pharmaceutical drug makers and distributors suspected of contributing to the local opioid epidemic of addiction and overdose deaths.
Milwaukee County Board authorizes lawsuit against opioid drug makers
Nov 2, 2017 | Fox 6 Now (WI)
By Katie Delong

The Milwaukee County Board of Supervisors is moving forward with a lawsuit against pharmaceutical companies involved in the opioid epidemic.
Northeast Wisconsin Counties to sue big pharma
Nov 2, 2017 | WBAY (WI)
By Andrea Hay

Several counties in Northeast Wisconsin are preparing to battle the big pharmaceutical companies they say brought highly-addictive opioids to their communities with a high cost.
Delaware considers suing opioid manufacturers, distributors
Nov 2, 2017 | Philadelphia Business Journal
By Mark Eichmann

A national legal team will help Delaware determine what action to take against the opioid industry for contributing to the opioid epidemic in the First State.
Del. DOJ forms legal team to file suit against opioid industries contributing to the epidemic (VIDEO)
Nov 2, 2017 | WMDT (DE)
By Justina Coronel

Delaware's Department of Justice announcing a plan to hopefully stop this epidemic. The DOJ has created a national group of attorneys to pursue potential claims against the opioid industry that may be contributing to the epidemic. View clip here: http://www.wmdt.com/news/delaware/del-doj-forms-legal-team-to-file-suit-against-opioid-industries-contributing-to-the-epidemic/651045444
Tompkins County to join statewide legal effort against big pharma
Nov 2, 2017 | Ithica.com (NY)
By Nick Reynolds

Tompkins County may join a statewide coalition of counties attempting to sue the pharmaceutical industry for a practice, officials say, of deceptive marketing that had a role in compounding the rise of the opioid crisis.
Marinette County may join lawsuit against opioid drug makers
Nov 2, 2017 | Eagle Herald Extra (WI)
By Tim Greenwod

Marinette County will join a growing number of Wisconsin counties in a potential lawsuit against opioid drug manufacturers with the goal of recovering local costs of dealing with what's been called a national prescription drug epidemic, if the County Board of Supervisors approves a recommendation made Tuesday by its Executive Committee.
Louisiana Attorney General Wants Control of Governor’s Opioid Lawsuit
Nov 2, 2017 | Insurance Journal

Louisiana’s attorney general is trying to take control of a lawsuit filed by Gov. John Bel Edwards’ administration accusing pharmaceutical companies of worsening opioid abuse in the state.
Opiate threat prompts counties to hire, mull legal counsel
Nov 2, 2017 | Press Republican
By Denise A. Raymo

Essex County has joined the growing number of New York county governments preparing to sue drug companies they say profit from the opiate crisis.
FDL County Joins Opioid Class Action Lawsuit
Nov 3, 2017 | KFIZ (WI)

Fond du Lac County supervisors this week gave unanimous approval to the county joining a class action lawsuit against drug manufacturers. Specifically the suit hopes to recoup some of the costs the county has incurred from the increase in services caused by the opioid epidemic. Supervisors did have questions about the lawsuit including how much time Corporation Counsel and staff would have put in to supply information for the lawsuit. County Executive Al Buechel says he hopes budget information from social services, the health department and other departments will be enough. Supervisor Ken Depperman says it was important for counties to get in on the lawsuit now before the state enters the fray. He noted when the state got a settlement from tobacco companies counties were left out in the cold. Then Governor Jim Doyle used a big chunk of the tobacco settlement to balance the State Budget.

Commentary and FYIs

Eliminate Government Incentives to Overprescribe Opioids
Nov 3, 2017 | National Review
By Tom Coburn

Last week President Trump declared the opioid crisis a public-health emergency, pledging to “liberate our communities from this scourge of drug addiction.” Opioid addiction kills more Americans than AIDS and has taken a terrible toll on families in my state, Oklahoma. From 2007 to 2016, drug-related deaths there grew by nearly 70 percent, with two-thirds of them involving opioids. What pains me most as a physician is the knowledge that this epidemic is largely man-made, fueled by federal regulations linking pain management to Medicare reimbursement. That linkage encouraged many physicians to treat common aches — such as lower-back pain — with powerful opioids meant to blunt pain from serious diseases.
WV cities sue accreditation agency over opioid 'misinformation campaign'
Nov 2, 2017 | WV Gazette-Mail
By Eric Eyre

The cities of Charleston, Huntington and Kenova, along with the town of Ceredo, filed a class-action lawsuit against the nation’s largest health care accreditation agency Thursday, alleging the group took part in a “misinformation campaign” that downplayed the dangers of prescription painkillers.
Letter: Drug manufacturers not to blame
Nov 2, 2017 | Kokomo Tribune (IN)
By Ed Roberts

Kokomo has joined with 10 other cities to sue three manufacturers of opioids. The three manufacturers are all operating legally producing a product that is legal to supply via a Doctor’s prescription. These are controlled substances and the Drug Enforcement agency monitors them closely.

Broadcast Media Coverage

Worldwide Exchange
Nov 3, 2017 | CNBC

View clip here: https://app.criticalmention.com/app/#clip/view/30491145?token=b43d8b97-35a6-485a-8532-6e77a53e5c7a
Local 24 News at 10
Nov 2, 2017 | WATN ABC Memphis, TN

View clip here: https://app.criticalmention.com/app/#clip/view/30491168?token=b43d8b97-35a6-485a-8532-6e77a53e5c7a

Shelby Lawsuit

Shelby County Commissioners file opioid lawsuit against drug companies (VIDEO)

Nov 2, 2017 | WREG Memphis (TN)

By April Thompson

It wasn't the full Shelby County Commission, but four of the 13 commissioners went before cameras Thursday to say they have an answer to the opioid crisis plaguing the community.
"Our attorneys are in the final stages of launching litigation which we believe will result in significant recovery for the hundreds of millions of dollars Shelby County has spent trying to heal, nurse and deal with the opioid crisis for the benefit of our citizens," said Shelby County Commission Chair Heidi Shafer.
Shafer says a firm with expertise in filing lawsuits against opioid perpetrators has already been hired.
County Commissioner Terry Roland says it will give the county a head start when it comes to getting back dollars already spent.
"If we wait on the attorney general of Tennessee to file suit, then the state will determine how much we get. If we sue in state court we have a seat at the table, a better chance to recoup the resources we have lost," said Roland.
They say those resources will go into the millions for law enforcement and health care.
The lawsuit against several pharmaceutical companies was filed at 9 Thursday morning on behalf of the County, but the issue won't go before the full County Commission until next week.
Shelby County Mayor Mark Luttrell, who says his administration was already working on a plan, was blind sided by today's announcement.
"They are not speaking as a voice for the County Commission. You have 4 of the county commissioners out of the 13 that here today," said Luttrell. "That has to be really initiated through the county attorney's office and we would rely very heavily on the county attorney to give us the guidance we need legally to file a lawsuit."
But Heidi Shafer tells WREG commissioners have been waiting on the Mayor to take action for two years and nothing has been done.
When she became chair, she used her authority under the county charter which says the chair can hire outside counsel at its own discretion.
She says the law firm Napoli Shkolnik has represented high-profile cases like Phen-Phen and the 9-11 victims.
They will only be paid if they win in litigation and then only 25 percent of whatever is awarded.
She says unlike other firms the state has been considering that charge 33-40 percent, the county's firm would go after opioid distributors in addition to pharma companies, marketers and manufacturers.
But there are nine other commissioners who still have a vote on this and may take issue with a contract already being signed.
Shafer says she is confident the decision won't be overturned.
"We are finding our hospitals and our jails have now been impacted by this as well. This falls on the shoulders of our taxpayers . It is our responsibility as legislators to act immediately on this," said Shelby County Commissioner Reginald Milton.
Commissioner Terry Roland says they only need seven votes to ratify hiring the law firm. He believes they have that seven.
The full commission is expected to take up the issue at its meeting next week and with all this debate, it should be interesting.
View clip here: http://wreg.com/2017/11/02/shelby-county-commissioners-file-opioid-lawsuit/

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Addiction Specialist Calls Lawsuit Over Opioid Crisis (VIDEO)

Nov 2, 2017 | Local Memphis

By Brad Broders

While some Shelby County leaders blasted the lawsuit filed by Shelby County Thursday over the opioid crisis, those in the Mid-South who treat opioid addiction say the legal action is justified and overdue.
That lawsuit names two dozen defendants, including pharmaceutical companies, Tennessee pharmacy companies, and medical clinics which served this area.
Shelby County set new record highs for overdose deaths involving heroin and opioids five straight years, including 197 in 2016.
“I see the effects of what's happening here, we get news that we've lost people,” says Stacy Dodd, Director of Operations for Turning Point Addiction Campus in Southaven.
Dodd said a majority of those treated for addiction come from Shelby County, many facing similar hurdles.
"They get prescribed pills for pain or something like that and then they can't quit, and so they resort to heroin,” says Dodd.
That’s why Dodd supports the lawsuit on behalf of some Shelby County Commissioners against big pharma.
“Without accountability, nothing is going to change,” says Dodd.
The suit contends “defendants put their desire for profits above the health and well-being of Shelby County consumers at the cost of the plaintiff,” and that opioid cost the county ‘exorbitant amounts’ of money to treat.
Dodd believes if the county wins in court, a legal win could lead to legislative action in how opioids are prescribed.
“It could possibly lead to new laws put into place, to new forms of accountability, that need to be established, to help the opioid epidemic, because it's not to go away unless something changes,” says Dodd.
The lawsuit does not ask for a specific amount in damages. Local 24 reached out to some of the defendants, but have yet to hear back.
Janssen statement about lawsuit:
"Responsibly used opioid-based pain medicines give doctors and patients important choices to help manage the debilitating effects of chronic pain. At the same time, we recognize opioid abuse and addiction is a serious public health issue that must be addressed. We believe the allegations in lawsuits against our company are both legally and factually unfounded. Janssen has acted in the best interests of patients and physicians with regard to its opioid pain medicines, which are FDA-approved and carry FDA-mandated warnings about possible risks on every product label. According to independent surveillance data, Janssen opioid pain medicines consistently have some of the lowest rates of abuse among these medications, and since 2008 the volume of Janssen opioid products always has amounted to less than one percent of the total prescriptions written per year for opioid medications, including generics. Addressing opioid abuse will require collaboration among many stakeholders and we will continue to work with federal, state and local officials to support solutions."
Purdue Pharma:

“We are deeply troubled by the opioid crisis and we are dedicated to being part of the solution. As a company grounded in science, we must balance patient access to FDA-approved medicines, while working collaboratively to solve this public health challenge. Although our products account for approximately 2% of the total opioid prescriptions, as a company, we’ve distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed three of the first four FDA-approved opioid medications with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone. We vigorously deny these allegations and look forward to the opportunity to present our defense.”
View clip here: http://www.localmemphis.com/news/local-news/addiction-specialist-calls-lawsuit-over-opioid-crisis-justified-and-overdue/850105519

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Opioid lawsuit sparks controversy in Shelby County (VIDEO)

Nov 2, 2017 | WMC Action News 5

Lawyers for Shelby County Commission filed a massive lawsuit Thursday against pharmaceutical companies, drug distributors, and some doctors over the opioid epidemic. But the lawsuit brought an unexpected political controversy of its own.

“This isn’t something that’s in a compact box. This has ongoing ramifications,” Shelby County Commission Chairwoman Heidi Shafer said.
Shafer was flanked by some of her colleagues Thursday morning, as she announced legal action filed on their behalf targeting groups and individuals they say pushed pills in Shelby County. The action aims to recoup former and future expenses.
The tort lawsuit filed by the commission is 250 pages long. It names multiple pharmaceutical companies, drug store chains, and at least four out-of-state doctors. The suit said Shelby County spends millions each year to provide and pay for services on behalf of residents addicted to opioids. It also claims aggressive marketing strategies and corporate greed are responsible for the epidemic.
Commissioners Terry Roland, Reginald Milton, and Shafer said the county needed to act on its own instead of waiting for the Tennessee Attorney General to file a statewide case.
“If we sue in state court, then we have a seat at the table,” Roland said.
Commissioners have been discussing filing a lawsuit of this type for months to recoup money they say the county has paid out in medical and police costs because of the opioid epidemic.
But not all county officials were pleased with Thursday’s announcement. County Mayor Mark Luttrell arrived minutes before the news conference and voiced his displeasure.
“What strikes me this morning, this is not speaking for the county commission,” Luttrell said.
Luttrell said he doesn’t think the action Thursday is legal, namely because the full commission hasn’t voted on authorizing it. Shafer maintains it is legal.
WMC Action News 5 learned of at least two commissioners who said they didn’t know the news conference Thursday morning was taking place. One expressed frustration over the announcement.
Luttrell said the county attorney has been in the process of speaking to lawyers to vet them on pursuing an opioid lawsuit with all county departments on board. He went on to say the action Thursday was unexpected.
“It troubles me when we see an issue like this politicized,” Luttrell said.
Commissioners meet Wednesday, November 8 for regularly scheduled committee meetings. The issue will likely be discussed and debated during that meeting.
View clip here: http://www.wmcactionnews5.com/story/36748441/opioid-lawsuit-sparks-controversy-in-shelby-county

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4 Shelby County commissioners announce lawsuit in efforts to combat opioid addiction epidemic (VIDEO)

Nov 2, 2017 | Fox 13 Memphis (TN)

By Shelby Sansone

Four Shelby County commissioners announced a lawsuit to try and combat the opioid addiction epidemic, despite the mayor’s plans to do so.
Chairwoman Heidi Shafer, Terry Roland, Reginald Milton, and Eddie Jones held a press conference, saying they want to get back millions of dollars that taxpayers have spent on the epidemic.
“From the Narcan we’re using, to what is costing us to house children that we’re pulling out of these homes, it’s just millions and millions of dollars, and it doesn’t stop there,” Roland said.
Mayor Mark Lutrell told FOX13 he does not think the commissioners have the authority to file the lawsuit.
“They’re not speaking from a voice for the county commission,” he said. “You had four county commissioners out of 13 that were here today.”
The county has their own opioid epidemic plan in process, but commissioners at the press conference say that plan is not moving fast enough. They also say they want different things in each plan.
The lawsuit lists dozens of companies they want to target, and is 250 pages long. It basically says they want reimbursement for expenses made for anything dealing with opioid addiction. This is anything from medical expenses to increased police services.
View clip here: http://www.fox13memphis.com/top-stories/4-shelby-county-commissioners-announce-lawsuit-in-efforts-to-combat-opioid-addiction-epidemic/637199400

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Other Litigation Coverage

Ohio AG rolls out new initiatives to address state opioid crisis — calls on drug companies to pay for them

Nov 2, 2017 | Becker's Hospital Review

By Brian Zimmerman

Ohio Attorney General Mike DeWine introduced a package of initiatives Monday to address the state's ongoing opioid overdose crisis.
The plan — called "Recovery Ohio" — includes doubling Ohio's capacity for substance use treatment, creating 60 additional specialized drug courts and launching a statewide drug prevention media campaign, among other initiatives.
"Ohio is in crisis," Mr. DeWine said. "At least 14 Ohioans are dying every single day in our state from drug overdoses. More people will die in Ohio this week than died in the devastating shooting recently in Las Vegas."
Mr. DeWine wants to fund the initiatives via settlements with the five drugmakers named in the state's opioid epidemic lawsuit filed in May. The attorney general on Monday called on Purdue Pharma, Endo Health Solutions, Teva Pharmaceuticals, Johnson & Johnson and Allergan to come forward within 30 days to begin settlement solutions. Mr. DeWine also delivered letters to three drug distributors — Cardinal Health, McKesson Corp. and Amerisource Bergen — asking the companies to come forward and also contribute to the "Recovery Ohio" initiatives.
"While there is no amount of money that can bring back the thousands of our fellow Ohioans who have died or take away the pain of their families, these drug companies must be held accountable," Mr. DeWine said

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Quincy to sue Big Pharma over opioid crisis

Nov 2, 2017 | Mass Live (MA)

By Kristin LaFratta

The City of Quincy plans to sue pharmaceutical companies in response to the opioid crisis.
Quincy Mayor Thomas Koch told the Patriot Ledger that "Big Pharma has been getting away from this for a long time" and that access to pills has become too easy.
In 2010, the Quincy Police Department became one of the first agencies to carry and distribute Naloxone, known more commonly as Narcan, to reverse drug overdoses. The city's efforts even earned the title "the Quincy model" by national drug control agencies.
Since Quincy's adoption of the life-saving drug, more than 1,200 law enforcement programs were created to offer Narcan in over 35 states, according to Narcan advocacy group North Carolina Harm Reduction Coalition.
Though it is unclear which pharmaceutical companies the city plans to sue, it is evident the City of Quincy is seeking financial damages and formal changes in the way Big Pharma operates.
Reports say the city has signed a contract with law firm Motley Rice -- the same firm who successfully sued the tobacco industry two decades ago. According to the Ledger, Quincy will not pay fees for Motley Rice, but the firm is entitled to 25 percent of potential damages awarded to the city.
In the 1990s, the law firm won $246 billion from the largest U.S. tobacco producers. That money was reimbursed to states for publicly-funded health care costs, marking the country's largest financial resolution in a civil litigation case.
The city's plans to sue come on the heels of President Donald Trump's announcement that the opioid crisis be designated a national emergency. The declaration earlier this month directed federal agencies to use all resources available to help combat the growing number of opioid-related deaths across the country.

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Quincy to take on opioid crisis, big pharma in courtroom

Nov 2, 2017 | Boston Herald (MA)

By Chris Villani

The city of Quincy is opening a new front in battling the opioid crisis, taking big pharma to court.
“We are losing an entire generation to this issue; it’s insane,” Quincy Mayor Thomas P. Koch told the Herald. “We had been attacking this for the past 10 years in every possible way. We have spent a lot of time on education and enforcement and treatment and the numbers continue to be daunting.”
Koch said the idea of a lawsuit came up at a recent meeting, and the city contacted the Washington, D.C.-based law firm Motley Rice LLC, which represents about a dozen cities and towns as well as four states in similar litigation around the country.
City officials will work in the coming weeks to assess how much money has been spent combating the opioid crisis before a decision is made about which pharmaceutical companies will be named as defendants and where the case will be filed, Koch said.
Motley Rice is not charging the city, and would only take a percentage of any money recovered in a trial or settlement.
“We felt there is precedent for this with the tobacco issue,” Koch said. “We have nothing to lose. At the very minimum, we are putting them on notice that they accept some responsibility in this.”
Motley Rice attorney Linda Singer said the suit will focus on both manufacturers and distributors of opioids, and damages sought would depend on how much Quincy is spending to fight the epidemic.
“The complaints allege drug companies misrepresented the risk of opioids and particularly the risk of patients becoming addicted to them,” Singer said. “Unlike tobacco, it’s not just a public health issue, it’s law enforcement and social services.”
“I would say the lawsuits are a very responsible measure,” said Framingham attorney and Board of Health member Michael Hugo, who is not involved in the suit. “These cases could be very strong. I think we will see some shocking results.”

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Woburn Joins Group Suing Prescription Opiate Companies

Nov 3, 2017 | Woburn Patch (MA)

By Dave Copeland

Woburn said Friday it is joining a multi-district lawsuit against companies that make and sell prescription opioids. In a statement posted on the city's Website, Mayor Scott Galvin said the litigiation being filed by Rodman, Rodman & Sandman P.C. seeks to hold the companies "responsible for the burdens that opioids have placed on Woburn."
Massachusetts has been one of the states hit hardest by the opiate epidemic, which has been fueled by easy access to powerful prescription opiates. In 2016, 16 people fatally overdosed in Woburn, up from five in 2014, according to the Massachusetts Department of Public Health.
A spokesman for the Malden-based personal injury law firm was not immediately available for comment. In the past, Rodman, Rodman & Sandman has represented municipal clients in lawsuits targeting companies that manufactured asbestos, tobacco and water contaminates.
Separately, Galvin joined 26 other mayors from across Massachusetts in calling on changes to federal rules that wold make it easier for the Drug Enforcement Agency to pursue inappropriate wholesale prescription drug distribution. The letter is addressed to Congress and President Donald Trump and demands that the next drug czar have no ties to pharmaceutical companies.
"For the past several years, we and members of our communities have attended the funerals of friends, and the funerals of the children of friends, with sickening regularity," the mayors wrote. "What we need and demand on the federal level is a Congress that will prioritize our families over the drug industry, a DEA with the enforcement authority and tools it needs to crack down on illegal corporate drug activity; and a drug czar committed to helping us in our fight instead of supporting industry profit at the expense of our children."

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Milwaukee County approves legal action against pharmaceutical opioid makers and distributors

Nov 2, 2017 | Milwaukee Journal Sentinel (WI)

By Don Behm

Milwaukee County moved closer Thursday to a legal battle with pharmaceutical drug makers and distributors suspected of contributing to the local opioid epidemic of addiction and overdose deaths.
The County Board on Thursday unanimously approved the county attorney's request to hire legal experts to prepare lawsuits against companies whose bad faith business practices contribute to the epidemic.
Corporation Counsel Margaret Daun said she would file a lawsuit as soon as possible in an attempt to recover some of the millions of dollars the county has spent on programs and services aimed at curbing the opioid crisis.
"This is the right thing to do," Supervisor Peggy West said. She described widespread addiction to the powerful painkillers as a public health emergency that often starts at the doctor's office.
"A person's addiction starts with a prescription from the doctor," West said.
"Since 1999, the amount of prescription opioids sold in the U.S. nearly quadrupled," states a resolution approved on an 18-0 vote. In 2015, 12.5 million people misused prescription opioids, the U.S. Department of Health and Human Services has reported.
In 2015, more than 31,000 U.S. residents died from opioid overdoses, according to the U.S. Centers for Disease Control and Prevention.
Locally, the Milwaukee County medical examiner estimates there will be more than 325 opioid overdose deaths in the county this year. As of Oct. 27, the medical examiner had confirmed a total of 309 overdose deaths from all drugs including opioids and heroin.
Outside legal counsel would be paid only if the county receives a financial settlement as a result of claims made against the companies, under the resolution approved by the board.
More than two dozen states, cities and counties in the U.S. already have filed lawsuits against drug companies, as well as drugstore chains.
The county corporation counsel's office is tracking lawsuits in Chicago; Dayton, Ohio; Suffolk County, N.Y.; and other communities and would hire a law firm with experience, Daun said.
Among the companies targeted in those legal actions: Purdue Pharma, maker of OxyContin and Dilaudid; Endo Pharmaceuticals, maker of Percocet and Percodan; Janssen Pharmaceuticals, maker of a fentanyl skin patch; and Cephalon Inc., maker of a fentanyl lozenge. Fentanyl is a pain medication 50 times more powerful than heroin.
Companies that have repeatedly testified before Congress that these prescription painkillers would not be addictive, as well as distributors that ship such extreme volumes of the drugs into communities that the availability feeds a secondary black market, should be held accountable, Daun said.
Milwaukee County Executive Chris Abele's recommended 2018 county budget includes $1.1 million in new spending targeting the local opioid crisis and addiction.
The plan includes adding two employees — a forensic chemist and forensic pathologist — for the medical examiner's office to respond to an increased number of autopsies due to overdose deaths.
The medical examiner's office also would purchase an advanced mass spectrometer instrument to reduce the time required for screening drugs by 80%, and provide that information to law enforcement and public health officials. The county and City of Milwaukee would split the $400,000 cost of the equipment.
In 2018, the Behavioral Health Division would boost spending on the county's AODA (Alcohol and Other Drug Addiction) residential treatment program by $700,000 under the plan. The division also receives $200,000 to establish a nonmedical, peer-run respite program to help people deal with a short-term crisis in their addiction recovery and connect them to other programs.

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Milwaukee County Board authorizes lawsuit against opioid drug makers

Nov 2, 2017 | Fox 6 Now (WI)

By Katie Delong

The Milwaukee County Board of Supervisors is moving forward with a lawsuit against pharmaceutical companies involved in the opioid epidemic.
The board unanimously approved a proposal allowing the county’s lawyers to prepare for a lawsuit.
“I’m working closely with our top attorneys to ensure that Milwaukee County takes appropriate legal action, if it is warranted, to recover some of the costs we have incurred while combating the opioid epidemic,” said County Board Chairman Theodore Lipscomb, Sr. in a news release.
The proposal, from Corporation Counsel Margaret Daun, requested approval from the board to allow the county’s in-house lawyers to select outside counsel and determine whether to sue any pharmaceutical company, distributor, or manufacturer, if their practices are believed to contribute to the opioid epidemic in Milwaukee County.
The resolution specifies that outside counsel would only be compensated if Milwaukee County receives a financial benefit as a result of any claims made against a company.
The Milwaukee County medical examiner is predicting more than 325 opioid related deaths in 2017. More than 31,000 Americans died from opioid overdoses in 2015, according to the Centers for Disease Control and Prevention.

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Northeast Wisconsin Counties to sue big pharma

Nov 2, 2017 | WBAY (WI)

By Andrea Hay

Several counties in Northeast Wisconsin are preparing to battle the big pharmaceutical companies they say brought highly-addictive opioids to their communities with a high cost.
Door, Fond du Lac, Oconto and Sheboygan Counties are in the process of suing several opioid manufacturers, including the makers of Oxycontin, Oxymorphone, Fentanyl and Tramadol.
Counties have to spend manpower figuring out what the epidemic cost them, but not money.
"We will not pay anything for the litigation. The counties are not paying anything,” said Cheryl Mick, Oconto County Corporation Counsel. “The only payment that the attorney's will receive is if they recover. If they fail, and recover nothing, we still will not be paying anything."
County officials tell Action 2 News this epidemic has been a serious financial drain paying for the treatment and sometimes the burial of the addicts, paying for the care of their children and of course paying for all the first responders.
“Police protection, human services and judicial. Because the big pharmas we believe did not totally disclose all information in regards to the hazards of opioids, and hopefully can recoup some of the costs that the taxpayers of Marinette County had to bear,” said Mark Anderson, Marinette County Board Chair.
Marinette County votes November 14th on whether to officially join the lawsuit, which officials say is strikingly similar to one against tobacco manufacturers 20 years ago.
"Same principle as operates with opioids. Where the manufacturers say, 'they're not that addictive, if you get addicted it's not that hard to get off these drugs, they are very good for pain control,'” said Mick. “And none of those things are really proven medically to be true; it's just how they're promoted by the pharmaceutical companies."

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Delaware considers suing opioid manufacturers, distributors

Nov 2, 2017 | Philadelphia Business Journal

By Mark Eichmann

A national legal team will help Delaware determine what action to take against the opioid industry for contributing to the opioid epidemic in the First State.
Delaware Attorney General Matt Denn has retained Fields PLLC, a law firm that’s already filed litigation against the opioid industry on behalf of the Cherokee Nation. Denn said the Fields team will be joined by other firms including Gilbert LLP from Washington, D.C., Dolt, Thompson, Shepherd & Conway in Kentucky, and Connolly Gallagher LLP in Delaware.
The legal team will investigate the actions of the opioid industry that may have added to the opioid epidemic in the state.
Denn said the goal is simple. “We will make sure that any entities responsible under Delaware law for creating this crisis help us solve it, and that they stop any practices still going on that are contributing to this crisis.”
In April, Fields filed a lawsuit was filed in Cherokee Nation tribal court. It accuses groups like pharmaceutical distributor Cardinal Health, retail pharmacy chain CVS and Wal-Mart of “failing to prevent the flow of illegally prescribed opioids to men, women and children in the Cherokee Nation.”
For more details on the legal team's hiring, go to whyy.org.

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Del. DOJ forms legal team to file suit against opioid industries contributing to the epidemic (VIDEO)

Nov 2, 2017 | WMDT (DE)

By Justina Coronel

Delaware's Department of Justice announcing a plan to hopefully stop this epidemic. The DOJ has created a national group of attorneys to pursue potential claims against the opioid industry that may be contributing to the epidemic.
The team includes both Delaware attorneys along with expertise from around the country. The law firms were selected by a committee and will form an investigation.
Delaware is one of the highest prescribing states for narcotic medication in the nation.
Attorney General Matt Denn says, "We will be doing some investigative work because we obviously can't proceed with the legal claim until we have a good base of doing that. To the extent of having this outside team it helps us ensure any recovery comes to Delaware to treat people and to the extent it helps us with any ongoing improper practices are stopped those two things are critical."
atTAcK addiction, a statewide non-profit, is applauding the department's efforts. They see families and loved ones affected by this crisis first hand and they hope this new legal team can put a dent into this issue.
Pauline Powell, the Sussex County Co-Leader for atTAcK Addiction says, "I'm hoping that if we get some money from these pharmaceutical companies it can be put back in specifically for treatment, for the families that have lost loved one."
This legal team wants to stop companies from continuing this crisis. It may still be in the beginning stages but it's a step forward for the first state.
atTAcK addiction has a chapter in every county. The Sussex County chapter meets the first Wednesday of every month for their support group meetings.
Beyond support, they also provide resources for families. If you or anyone you know needs support you can contact them at 302-542-0266.
View clip here: http://www.wmdt.com/news/delaware/del-doj-forms-legal-team-to-file-suit-against-opioid-industries-contributing-to-the-epidemic/651045444

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Tompkins County to join statewide legal effort against big pharma

Nov 2, 2017 | Ithica.com (NY)

By Nick Reynolds

Tompkins County may join a statewide coalition of counties attempting to sue the pharmaceutical industry for a practice, officials say, of deceptive marketing that had a role in compounding the rise of the opioid crisis.
In a meeting of the county’s Government Operations Committee on Wednesday, members of the legislature discussed the logistics of joining the effort, which would make Tompkins County one of dozens of counties to file against drug companies for, what a standardized complaint is expected to argue, purposefully misleading doctors and the public on how addictive their medications actually were.
Damages to be recovered from those parties will likely come in the form of the total cost of increased social services, policing, treatment, incarceration and other expenditures.
Wednesday’s resolution, which would authorize the county to sue for damages from a number of companies resulting from abuse of opioid pharmaceuticals, is actually fairly late-coming: counties across the state began filing lawsuits far earlier in the year, with Suffolk County in Long Island among the first to file. (nearby counties, such as Broome County, filed a lawsuit in February and Onondaga County filed its version of the lawsuit over the summer.)
Tompkins County is attempting to hurry into the litigation in order to maintain momentum of the suit in the state courts: The original eight county coalition began proceedings in a Central Islip courtroom on Sept. 27.
Different from a class action lawsuit, the effort is more-or-less a template-based form of justice, with most of the counties that have joined the effort deciding between one of two law firms – Napoli Shkolnik PLLC and Simmons Hanly Conroy LLC – to represent them in order to somewhat standardize their efforts. Tompkins County attorney Jonathan Wood said the county would likely be working with one of these two.
While there would be no upfront cost in this relationship, there would, eventually, be costs incurred at the close of the period of discovery. There is no estimate what that cost would potentially be to Tompkins County.
The lawsuits, which are playing out concurrently, have named a number of different opioid manufacturers as defendants, including Purdue Pharma LP, Johnson & Johnson, Teva Pharmaceutical Industries Ltd and Endo International Plc. Counties have argued that claims the drugmakers made through deceptive marketing and other means misrepresented the dangers of long-term opioid use to doctors, pharmacists and patients, leading to unneeded costs incurred by municipalities in terms of emergency response, health care, law enforcement response and other sectors working to respond to the opioid crisis.
The suit, itself, is complicated. To be able to be compensated for damages, each county would have to first prove that it did incur damages and costs directly related to their allegations, which poses “some challenges,” as Dan Klein, the committee chair, noted on Wednesday. So far, according to committee member Will Burbank, there has so far been little enthusiasm from the county’s various department heads because of the complicated nature of evidence gathering needed to comply with requests from the lawyers, concerned with both the effort and staff time that would be required to gather pertinent information and materials needed to prove harm. Legislator Rich John, who is an attorney, said that the determination of damages would likely come later in the legal proceedings: first, the lawyers would need to prove liability, and damages would be determined later.
Given a number of articles, books and other research on the pharmaceutical industry’s role in the opioid crisis, John, who supports the measure, said he believes this should not be a problem.
“I don’t think there’s any question we have real economic impacts from the stuff these pharmaceutical companies have done,” said John. “That’s I believe is the essence of the claim… there is a real wrong that has been done here.”Other County Notes:County contemplates renaming the county’s human services building after Elizabeth Beebe
Though it wasn’t up for a vote on Wednesday, Tompkins County Historian Carol Kammen appeared before the Government Operations Committee on Wednesday to endorse the idea of naming the Tompkins County Human Services building after Elizabeth Beebe, a woman who, in the 19th Century, laid what could be considered the foundation of social services in Tompkins County.
Appointed City Missionary in 1890, Beebe – who was recruited, in part, on the urging of a Reverend Hawkins one decade earlier to “get a woman to do this job” – Beebe was selected to become the city missionary because of her age, because she was educated and respected and because she was divorced, which Kammen described in a 2014 article in the Ithaca Journal as a “socially awkward position at the time,” however one that gave her ample time to work.
Her efforts supported by the Ladies Union Benevolent Society, Beebe was known for her work in helping those in Ithaca’s troubled Rhine neighborhood located along the inlet as well as “wherever she was needed,” providing everything from food and clothing to health care and religion, whether it was in the slums or in the jail. According to Kammen’s research, Beebe was known to go to local business leaders to request funds to support her efforts. Usually, she got what she wanted.
Though in the years after her death in 1905 many of the duties she provided had been taken over by state-mandated social service agencies, it is arguable that Beebe was the first true provider of such charitable services in Tompkins County’s history and – even though her efforts were focused solely on Ithaca – Kammen argued her efforts were the only true prerequisite for the spirit of social services today.County Administrator search nearing a conclusion
According to County Officials on the search committee, Tompkins County is currently in the interview stage of hiring a new county legislator to replace the retiring Joe Mareane.
The new hire is expected to be announced sometime next month.

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Marinette County may join lawsuit against opioid drug makers

Nov 2, 2017 | Eagle Herald Extra (WI)

By Tim Greenwod

Marinette County will join a growing number of Wisconsin counties in a potential lawsuit against opioid drug manufacturers with the goal of recovering local costs of dealing with what's been called a national prescription drug epidemic, if the County Board of Supervisors approves a recommendation made Tuesday by its Executive Committee.
The Executive Committee voted 11-0 on Tuesday to recommend that the county adopt a resolution supporting "litigation against certain pharmaceutical companies for their role in creating the opioid epidemic." The next county board meeting is Nov. 14.
Corporation Counsel Gale Mattison said a Wisconsin law firm has "contacted a couple of other bigger law firms who want to and intend to sue 'Big Pharm' for knowingly distributing certain drugs that cause addictions."
"This was presented to the Wisconsin Counties Association (WCA) in September prior to being presented to the corporation counsels so there's been a lot of chatter about it," she said. "Many of the counties have entered into this agreement to be part of this suit. It's not a class-action suit, it's individual counties suing.
"There's a few who said they weren't interested. The three different law firms involved in this have basically said they will take on the expenses and they will not charge the counties unless there is a recovery. If there is recovery the county would be charged for the expenses that come to exist in large lawsuits."
The resolution begins by saying "Marinette County is concerned about the rapid rise in troubles among county citizens, residents and visitors in relation to problems arising out of their use, abuse and overuse of opioid medications, which according to certain studies, impacts millions of people across the country.."
It continues to say "the societal costs associated with the opioid epidemic are staggering and reportedly, according to the Centers for Disease Control and Prevention, amount to over $75 million annually."
Mattison said "smaller counties are feeling the chances of recovery are pretty slim or a dollar amount might be minimal."
"There is a cost to the county as far as staff time," she said. "It's not a total freebee. The county would agree to gather all the necessary information.
"Up front they are saying there is no cost except for your internal costs, unless there is a recovery."
Mattison said, "I have no comment about the potential of the litigation. That's not my issue."
Supervisor Mark Anderson, board and committee chairman, said the WCA is recommending counties join in the effort because it doesn't want to see a repeat of when the tobacco litigation settlement was awarded and the dollars came back to the state and were never shared with municipalities as promised.
"In essence the state gobbled up all the money," he said. "Their (WCA) point is that they want to be in the courtroom so if there is a settlement made, hopefully the counties will get some of it and it won't go straight to the states."
The resolution says that "the National Institute for Health has been identified the manufacturers of certain opioid medications as being directly responsible for the rapid rise of the opioid epidemic by virtue of their aggressive and, according to some unlawful and unethical marketing practices.
"County has unexpectedly been forced to expend significant time and resources in its programs and services related to the opioid epidemic, all of which require county to expend resources generated through state and federal aid, property tax levy, fees and other permissible revenue sources."
Anderson and Mattison both said the WCA recommended the counties get on board quickly if they wanted to be part of the action.
Mattison said there is no way to project how much time it will take to gather information until the lawsuit is started and "we see what needs to be gathered."
"Up front it costs the county nothing," she reiterated. "Ultimately the county might have to look at if the change of recovery is worth the staff time. I know that the firms involved believe they have a case. If you pay attention to the news, it's a problem all over the country."
Supervisor Don Pazynski, a member of the committee, said "if we could minimize the problem through this action we would offset any costs I would think."
Mattison said there's a lot of philosophic thoughts about the possible litigation being thrown around including that it would be worthwhile if it "brings awareness to the public and medical field."
She said the two larger firms chosen to be involved in the litigation "are saying this is a good opportunity to do some recovery or at least educate the public."
"The counties association would like to gather as many counties as soon as they can in this," Mattison said.
"Do I understand that there is no obligation to the county if this is not successful?" said Supervisor Joe Policello, a member of the committee. "If there is no award, the county has no liability to pay? "
"Correct, except for staff time," Mattison replied.
"If it is successful then we will be billed and it's possible we could be billed for more than then we get from the settlement?" Policello asked.
Mattison explained that if there is a settlement, the costs would be deducted from the award and not billed to the counties.
The resolution endorsed by the committee ends by saying "be it resolved Marinette County Board of Supervisors authorizes the Marinette County corporation counsel to negotiate, and the Marinette County administrator to execute an engagement letter and agrees to be bound by the same.
"Be it further resolved, the county shall endeavor to faithfully perform all actions required of the county in relation to the claims contemplated herein and in the engagement letter and hereby directs all county personnel to cooperate with and assist law firms in relation thereto."

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Louisiana Attorney General Wants Control of Governor’s Opioid Lawsuit

Nov 2, 2017 | Insurance Journal

Louisiana’s attorney general is trying to take control of a lawsuit filed by Gov. John Bel Edwards’ administration accusing pharmaceutical companies of worsening opioid abuse in the state.
The Advocate reports that Attorney General Jeff Landry wants to expand the lawsuit. He also wants to hire Mike Moore, the former Mississippi attorney general who shepherded a national action against tobacco manufacturers in 1990s that settled for billions of dollars.
Landry’s office filed a document Monday evening asking the Baton Rouge-based state district court to allow the attorney general to “supersede” the Louisiana Department of Health.
The health department’s lawsuit, filed Sept. 27 in Baton Rouge against more than a dozen pharmaceutical firms, accuses the companies of “an orchestrated campaign to flood Louisiana” with highly-addictive opioids to boost their profits. The lawsuit seeks damages for payments made through the Medicaid program for what it describes as excessive opioid prescriptions and for treatment costs tied to opioid abuse.
Landry’s office says the issue is larger than its impact on the Medicaid program and the lawsuit should include broader allegations, such as increased costs to the state’s criminal justice and education systems, the impact on social services and the loss of workforce productivity.
Chief Deputy Attorney General Bill Stiles estimates opioid-related costs to the state at about $160 million annually.
“The subject of the suit, the opioid crisis in Louisiana, is a matter of state interest which has far-reaching effects beyond the burdens placed on our healthcare resources,” Landry’s office wrote in the court filing.
Edwards, a Democrat, and Landry, a Republican, have repeatedly clashed since taking office in 2016. Landry is seen as a possible challenger to Edwards in the 2019 election.
The attorney general’s office says it was unaware of the lawsuit until the Edwards administration filed it, clashing with efforts underway by Landry for similar litigation.
The attorney general had asked Moore to help Louisiana put together litigation against the drug manufacturers and distributors like Moore had done in Mississippi and Ohio. Attorneys general in eight other states have filed lawsuits raising similar legal issues.
“I’m hopeful we don’t get into a technical fight about who has the authority to bring a case,” Moore said. “It’s tough enough going after these big industries without having a sideshow in your own state.”
Edwards’ executive counsel Matthew Block said he and the attorney general’s office had been in discussions before Landry’s latest court filing about the attorney general helping out with the administration’s lawsuit and bringing on Moore as an adviser. The governor wants to collaborate on the lawsuit, Block said.

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Opiate threat prompts counties to hire, mull legal counsel

Nov 2, 2017 | Press Republican

By Denise A. Raymo

Essex County has joined the growing number of New York county governments preparing to sue drug companies they say profit from the opiate crisis.
Clinton County has already passed a resolution to retain special counsel to protect its interests in the opioid epidemic, according to Deputy County Administrator Rodney Brown.
And Franklin County legislators have asked County Attorney Jonathan Miller to research the issue and provide his legal opinion, said County Manager Donna Kissane.
STRENGTH IN NUMBERS
The Essex County Board of Supervisors recently held a special meeting to retain a law firm for any “present and future opioid litigation.”
County Attorney Daniel Manning said the New York State Association of Counties has recommended counties get involved, and he now agrees.
“I was a little reticent to jump on board because there’s still not a lot of applicable evidence out there, or I believed there wasn’t,” he said.
But after talking with his counterparts in Washington and Warren counties, Manning said, he recommended seeking representation, which Essex County recently approved.
A similar lawsuit years ago involving drug companies’ deliberate inflation of Medicaid-prescription prices resulted in a $400,000 to $500,000 judgment for the county, so this could have the same result, he said.
“If we don’t get involved, I think we might miss the boat if we stand alone,” the attorney said before the vote. “There is strength in numbers.”
'FACTUALLY UNFOUNDED'
But Manning also said there “is not enough proof yet” that companies are using deceptive marketing and promotions to increase certain prescription-drug usage to exceed the intended use, which is temporary extreme-pain relief for such health issues as recovery from heart or knee surgery.
The litigation accuses the pharmaceutical companies of encouraging physicians to prescribe pain medicines in 30- or 60-day doses for ailments like arthritis and back pain, which allegedly leads some patients to develop an addiction to heroin when their prescription runs out.
Drug companies targeted in the suit include Purdue Pharma L.P. and Janssen Pharmaceuticals Inc., which is a subsidiary of Johnson & Johnson.
A Janssen spokesman has said that, although opioid abuse is a serious health issue, “we firmly believe the allegations in these lawsuits are both legally and factually unfounded.”
STRONG MESSAGE
Vice Chair Shaun Gillilland (R-Willsboro) said his son, a New Hampshire State Police trooper, told him law enforcement does not see heroin and Oxycontin much now, and it is more often prescription drugs like fentanyl.
“Oxycontin was the gateway to get people hooked, and then it went stronger,” he said. “We need to put the drug companies on notice that we’re not standing for this.”
Thomas Scozzafava (R-Moriah) agreed.
“It’s absolutely criminal what drug companies and physicians have done,” he said, adding that the opioid crisis has torn families and communities apart and killed many people.
“There (are) even physicians on these drug companies’ payrolls,” he said. “It’s absolutely horrible.
“Whether we win the suit or lose, I think we need to send a strong message out there to society that we are not going to tolerate this.”
ON CONTINGENCY
Manning said that, of the two largest law firms recruiting counties as clients, he recommended Napoli Shkolnik, which, in addition to New York, has offices in California, Delaware, Florida, Illinois, New Jersey, Pennsylvania and Texas.
The firm will work on contingency and receive one-third of any Essex County awards.

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FDL County Joins Opioid Class Action Lawsuit

Nov 3, 2017 | KFIZ (WI)

Fond du Lac County supervisors this week gave unanimous approval to the county joining a class action lawsuit against drug manufacturers. Specifically the suit hopes to recoup some of the costs the county has incurred from the increase in services caused by the opioid epidemic. Supervisors did have questions about the lawsuit including how much time Corporation Counsel and staff would have put in to supply information for the lawsuit. County Executive Al Buechel says he hopes budget information from social services, the health department and other departments will be enough. Supervisor Ken Depperman says it was important for counties to get in on the lawsuit now before the state enters the fray. He noted when the state got a settlement from tobacco companies counties were left out in the cold. Then Governor Jim Doyle used a big chunk of the tobacco settlement to balance the State Budget.

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Commentary and FYIs

Eliminate Government Incentives to Overprescribe Opioids

Nov 3, 2017 | National Review

By Tom Coburn

Last week President Trump declared the opioid crisis a public-health emergency, pledging to “liberate our communities from this scourge of drug addiction.” Opioid addiction kills more Americans than AIDS and has taken a terrible toll on families in my state, Oklahoma. From 2007 to 2016, drug-related deaths there grew by nearly 70 percent, with two-thirds of them involving opioids. What pains me most as a physician is the knowledge that this epidemic is largely man-made, fueled by federal regulations linking pain management to Medicare reimbursement. That linkage encouraged many physicians to treat common aches — such as lower-back pain — with powerful opioids meant to blunt pain from serious diseases.
Nearly 2 million Americans are addicted to or abusing prescription opioids, according to the CDC. As physicians and many states move to reduce over-prescribing, patients who have become addicted shift to cheaper and more accessible street drugs, including heroin and synthetic opioids (fentanyl) from China.
States have taken some effective steps to stem the crisis. Prescription-drug-monitoring programs (PDMPs) collect data on all prescriptions dispensed in a state, allowing physicians to track “pill shoppers” who go from doctor to doctor getting prescriptions. Currently 37 states, including Oklahoma, have operational PDMPs, while another 11 states have proposed legislation that would implement them. Putting this information in doctors’ hands will help ensure that they don’t prescribe opioids to those who will abuse them.
For the most part, however, states are taking the wrong approach.
Rather than admitting that the current crisis is the result of unintended consequences, state attorneys general are hunting for deep-pocketed scapegoats to offset their states’ drug-treatment costs. Attempting to replicate the success of the coalition of state attorneys general who successfully sued “Big Tobacco” in the 1990s, eight state and local governments have filed lawsuits against pharmaceutical companies that produce opioid pain killers. Each suit is slightly different, but the central allegation is the same: As Mississippi attorney general Jim Hood has argued, “Pharmaceutical companies have made billions of dollars in profits by misrepresenting to tens of millions of doctors and patients the significant dangers of prescription opioids.”
The move to treat the pharmaceutical industry like the tobacco industry misses the mark. This is not to deny that pharmaceutical companies have played a role; I firmly believe that there should never be another FDA-approved opioid approved that does not have an abuse-deterrent formulation. (In September the chair of the president’s opioid commission announced a partnership with the pharmaceutical industry to boost the development of non-addictive medicines.) But we need to recognize these lawsuits for what they are: a billion-dollar lawsuit lottery for the plaintiffs’ bar that ignores the government’s own role in the genesis of the crisis.
Put simply, the opioid epidemic is the result of a massive shift in public policy surrounding pain management, introduced by an array of special-interest groups, including the American Pain Society and the influential Joint Commission on the Accreditation of Healthcare Organizations, and pushed forward by physicians who were inattentive to the risks. Throughout the late 1990s, these groups aggressively lobbied for mandated pain assessment and treatment in all health-care settings and stressed the safety of opioids to health-care providers.
The makings of a perfect storm were in place when the Centers for Medicare and Medicaid Services (CMS) introduced the Hospital Consumer Assessment of Healthcare Providers and Systems (HCAHPS) in 2006. These patient-satisfaction surveys, which CMS considers when determining the amount of incentive payments a hospital will receive, contain questions about pain management, such as “Did hospital staff do everything they could to help with your pain?”
Every doctor learns in medical school that patients with chronic pain tend to develop a tolerance to opioids. In theory, every doctor should realize that prescribing opioids to treat chronic pain is dangerous, since patients will look for higher doses as time goes by. However, as doctors were overwhelmed with dictates from Washington, tying patient satisfaction to hospital reimbursement incentivized time-pressed physicians to put patient demands above their own training. This meant prescribing more opioids, even when inappropriate.
I watched the consequences unfold in real time. I was still practicing medicine when HCAHPS went into effect, and I can recall one night when a patient who had been in a car accident was brought into my hospital. He wasn’t badly injured, so after a standard exam and treatment procedure, I discharged him without a second thought. When Medicare reimbursed us for this particular treatment, we received 5 percent less than we should have — all because I hadn’t prescribed the man an opioid. I knew then that Medicare’s reimbursement system was flawed, and would only encourage doctors to neglect the true practice of medicine.
Last November, Medicare removed all questions related to pain management, “to eliminate any financial pressure clinicians may feel to overprescribe medications.” On Wednesday, the president’s Commission on Combating Drug Addiction and the Opioid Crisis urged the president to immediately order HHS to “remove pain questions entirely when assessing consumers so that providers won’t ever use opioids inappropriately to raise their survey scores.” The report also explicitly names “seeing pain as the fifth vital sign” as a cause of the opioid crisis and states that this perception “must end immediately.” These are important reforms; unfortunately, they came a decade too late.
The unintended consequences of HCAHPS are staggering, but they are part of a much larger trend. Studies show that physicians spend around half of their time filling out paperwork. This is a dramatic increase from just a decade ago, where paperwork only consumed a third of doctors’ time. The increase has been driven primarily by the expanded role of Electronic Health Records (EHRs), code-based computer systems that, ironically, were supposed to help save physicians time.
The opioid crisis is part of a larger crisis in American medicine: Physicians spend more time complying with government regulations, or typing codes into a computer, than they do listening to patients and thinking through the right course of treatment. Yes, the government should roll back harmful regulations and pharmaceutical companies should develop more addiction-deterrent therapies, but ultimately, the best way to combat overprescribing, and to prevent any future crises on the same scale, is to allow doctors to practice the art of medicine, not cookbook recipes handed down from Washington.
Doctors who spend time really listening to their patients, rather than worrying about payments and paperwork, will be more attuned to their patients’ needs and more willing to trust their own judgment about the pain-management strategy they should employ in particular cases.
There isn’t a lawsuit that can bring back the art of medicine, or undo the pain and suffering that government regulations have helped inflict on a generation of American families.

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WV cities sue accreditation agency over opioid 'misinformation campaign'

Nov 2, 2017 | WV Gazette-Mail

By Eric Eyre

The cities of Charleston, Huntington and Kenova, along with the town of Ceredo, filed a class-action lawsuit against the nation’s largest health care accreditation agency Thursday, alleging the group took part in a “misinformation campaign” that downplayed the dangers of prescription painkillers.
The cities are suing The Joint Commission, a Chicago-based nonprofit that accredits more than 21,000 hospitals and other healthcare organizations in the United States.
The lawsuit alleges The Joint Commission teamed up with OxyContin-maker Purdue Pharma and issued pain management standards in 2001 that “grossly misrepresented the addictive qualities of opioids.” The commission “zealously” enforced the standards through its accreditation programs, according to the complaint filed Thursday in federal court.
West Virginia hospitals that treated patients had to follow the pain standards to stay accredited. The standards led to a sharp increase in prescriptions for painkillers, fueling the ongoing epidemic, the lawsuit alleges.
West Virginia has the highest drug overdose death rate in the nation. Huntington and surrounding Cabell County had the highest overdose fatality rate in the state last year.
“This lawsuit is a critical move toward eliminating the source of opioid addiction and holding one of the most culpable parties responsible,” said Huntington Mayor Steve Williams. “For too long, [The Joint Commission] has operated in concert with opioid producers to establish pain management guidelines that feature the use of opioids virtually without restriction. The [commission’s] standards are based on bad science, if they are based on any science at all.”
The opioid crisis has increased crime, health care costs and emergency-response expenses, the cities say. Other cities and towns are expected to join the federal lawsuit. The commission certifies at least 10 hospitals and health care facilities in Charleston and Huntington.
“The [commission’s] conduct has unequivocally caused each municipality serious and ongoing harm,” the complaint says.
n July, The Joint Commission agreed to overhaul its pain management standards this year, but the cities allege the changes are too little, too late — the new standards don’t take effect until January. The hospital accreditation agency has yet to modify the standards “in way that would reduce the risks of addiction,” the complaint says.
A Joint Commission spokeswoman did not immediately respond to a request for comment about the lawsuit.
Last week, President Donald Trump declared the opioid crisis a national health emergency.
Charleston lawyers Rusty Webb and Jesse Forbes are leading the lawsuit against the accreditation agency.
Earlier this year, Charleston, Huntington and two dozen other municipalities filed suit against the nation’s largest drug distributors, alleging the companies shipped an excessive number of pain pills to pharmacies across the state.

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Letter: Drug manufacturers not to blame

Nov 2, 2017 | Kokomo Tribune (IN)

By Ed Roberts

Kokomo has joined with 10 other cities to sue three manufacturers of opioids. The three manufacturers are all operating legally producing a product that is legal to supply via a Doctor’s prescription. These are controlled substances and the Drug Enforcement agency monitors them closely.
The article I read about this subject alleges the above companies have legal revenues in the billions and also have legal profits in the billions. The same article appears to lay the cause of the opioid crisis on these three companies.
You have a right by U.S. law to be medically treated for pain. Your doctor prescribes an appropriate medication for your pain. If your pain meets appropriate criteria, you may be prescribed an opioid. If the reason for your pain is not resolved and you continue the opioid prescription. You will over time require an ever increasing dose to mitigate the same pain. An addict.
Yes, thousands of people are affected many of whom die, many suffer overdoses and recover. But, how many of these people are overdosing on legally supplied opioids? Does anyone know how many legal prescription users of opioids overdose? Tell me, how many?
The Drug Enforcement Agency has published in the Federal Register their intent that the amount of opioids legally produced in this country be reduced by 25 percent to 33 percent this year. So, the amount of legally produced opioids is going down. Where will the “junkie” get his or her drugs? Probably the same place they are currently getting them, in the alley, in the parking lot, in the bathroom, from their “friend” at work? Most of the illegal drugs in use in this country come across our southern border. Over 8 million pounds have been collected at border crossing with Mexico since 2012. No one really knows how much walks in across the desert. It’s just terribly difficult to calculate. Fentanyl also comes in this way.
You don’t want to call him/her a “junkie,” afraid to hurt one self-esteem? Wait for the next fix, it will kill him and he won’t care anymore.
Gov. Chris Christie of New Jersey was in Indianapolis the other day. He was saying, It’s the doctors. A few days ago there was a photograph of a woman who had just shot up, sitting in the driver’s seat of a car. needle sticking in her arm. Her child in the back seat. Was she using a prescription drug?
This lawsuit seems to me to be a case of let’s try to punish the innocent because we can’t end the amount of drugs coming across the border. I found 11 cities participating in this suit. Each city was led by a Democrat. Did Democrats start this, no. It’s just odd. Democrats are always wanting to take guns away from the innocent because some person killed someone. Now I see Democrats once again punishing the innocent.
Will a wall help? Probably but by how much is hard to say. But when you make it difficult, those doing it will find an easier way. If there is no easy way, we should make bringing in drugs very difficult.
Ideally, we teach our young that drugs are bad and they can kill and still our youth experiments only to find too late that they should have listened. Years ago someone came up with the excuse that “it’s only hurting me.” This is no longer true, this weakness hurts us all. Uncounted dollars wasted in the emergency room. Uncounted dollars spent for Narcan. We all pay for this. So, it is now hurting us all.
But, do legal or do illegal drugs cause this? “You” don’t want to build a wall along the southern border and “you” don’t offer any alternatives. Sounds like another feeble effort of political grandstanding.
If you want to stop the drug use, you have to go after the source. They produce in Columbia, Mexico, Paraguay, California, Kentucky, Indiana and others states. Go there and stop it but at the same time, you have to stop it here.

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Broadcast Media Coverage

Worldwide Exchange

Nov 3, 2017 | CNBC

View clip here: https://app.criticalmention.com/app/#clip/view/30491145?token=b43d8b97-35a6-485a-8532-6e77a53e5c7a
Rough transcript: well johnson & johnson says it was contacted by the attorneys general in new hampshire, new jersey, tennessee and washington the company and its janssen pharmaceuticals unit were served with subpoenas as part of a broader multistate probe into opioids. johnson & johnsons shares however are unchanged at this hour.

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Local 24 News at 10

Nov 2, 2017 | WATN ABC Memphis, TN

View clip here: https://app.criticalmention.com/app/#clip/view/30491168?token=b43d8b97-35a6-485a-8532-6e77a53e5c7a
developing right now. shelby county commission chairman heidi shafer is moving forward with something that no one remembers being done before. she announced a lawsuit against drug companies to recoup the millions shelby county has paid on the opioid crisis. she filed the lawsuit on behalf of the county without telling the mayor or putting it to a vote. shelby county mayor mark luttrell: "the county commission has not entertained this proposal. hasn't been passed by them. some of them weren't even aware of the meeting this morning." katina: shafer says as chairman she can file the lawsuit without a vote. meantime.. janssen pharmaceuticals issued this statement : "janssen opioid pain medicines consistently have some of the lowest rates of abuse among these medications." purdue pharma's statement reads: "as a company grounded in science, we must balance patient access to FDA-approved medicines, while working collaboratively to solve this problem, public health challenge."

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