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Opioid Litigation Daily Media Report - 11/9/17
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Rock County joins lawsuit against drug companies
Nov 8, 2017 | Biphoo (WI)
By James Rock
Rock County is one of 28 counties hoping to win money in a federal lawsuit against manufacturers of opioid pain medications. -
County is one of 28 suing over the Opioid Epidemic
Nov 9, 2017 | APG Media (WI)
By Staff
Washburn County is one of 28 counties that are part of a lawsuit against pharmaceutical companies over the "aggressive and fraudulent marketing of prescription opioid painkillers that has led to a drug epidemic in the state and throughout the nation." -
28 Wisconsin Counties Hit Big Pharma With Separate Lawsuits
Nov 8, 2017 | The Daily Caller
By Steve Birr
More than two dozen counties in Wisconsin are going after pharmaceutical companies in an attempt to hold the drug makers accountable for the public cost of the opioid epidemic. -
Wisconsin counties suing pharmaceutical companies over cost of opioid epidemic
Nov 8, 2017 | Milwaukee Business News (WI)
By Lauren Anderson
More than two dozen Wisconsin counties are suing pharmaceutical companies alleging that their fraudulent marketing practices have led to the country’s prescription drug epidemic. -
28 Wisconsin counties file opioid lawsuits against drugmakers, physicians
Nov 8, 2017 | Becker's Hospital Review
By Brian Zimmerman
Twenty-eight counties in Wisconsin filed lawsuits on Tuesday against several drugmakers and physicians for allegedly engaging in a deceptive opioid marketing campaign, which facilitated the nation's ongoing opioid overdose crisis, according to a report from the Journal Sentinel. -
It’s official: FdL County, more sue opioid makers
Nov 8, 2017 | Ripon Commonwealth Press
By Maic D'Agostino
Fond du Lac County became one of 28 counties across Wisconsin to sue several pharmaceutical giants Tuesday, while Green Lake County nixed moving ahead with a suit of its own a day earlier. -
New Haven sues OxyContin maker over opioid crisis
Nov 9, 2017 | AP
By Staff
New Haven lawsuit the company that manufactures OxyContin for “deceptive marketing” that is blamed for the city’s opioid crisis. -
New Haven sues OxyContin makers over opioid epidemic
Nov 8, 2017 | WTNH (CT)
By George Colli
The city of New Haven is suing the makers of OxyContin, claiming they helped fuel the opioid epidemic in the Elm City. -
DeWine releases Recovery Ohio Plan to combat opioid epidemic
Nov 8, 2017 | Perry County Tribune (OH)
By Staff
Ohio Attorney General Mike DeWine recently unveiled a set of 12 new initiatives to combat the opioid crisis. -
Luzerne County files suit against opioid manufacturers, distributors
Nov 8, 2017 | Times Leader (PA)
By Jennifer Learn-Andes
Luzerne County filed a lawsuit Wednesday in federal court against a string of opioid manufacturers and wholesale distributors. -
Legislators consider joining suit against opioid manufacturers
Nov 9, 2017 | Journal & Republican (NY)
By Steve Virkler
Lewis County legislators on Nov. 7 were to consider whether to join a growing number of counties involved in a class-action lawsuit against the major manufacturers of opioid drugs. -
Akron pursuing lawsuit against drug companies
Nov 9, 2017 | Akron.com (OH)
By Airel Hakim
The City of Akron this week echoed Summit County Executive Ilene Shapiro’s recent announcement that the county, Akron, Barberton and Cuyahoga Falls would soon be jointly filing a lawsuit against manufacturers and distributors of prescription opiates. -
City Of Reno Considering Suing Opioid Manufacturers
Nov 8, 2017 | Nevada Public Radio (NV)
By Staff
The Reno City Council will talk about suing opioid manufacturers at its regular meeting Wednesday. -
County joins suit against drug manufacturers
Nov 8, 2017 | WD Times (WI)
By Steve Sharp
Jefferson County will be joining a pending lawsuit against pharmaceutical companies to do what it can to recover the monetary costs, at least, associated with the local population's addiction to opioids. -
Shelby County Commission moves forward with opioid lawsuit
Nov 8, 2017 | WMCA (TN)
By Staff
High drama Wednesday morning as Shelby County Commission agreed to move forward with a lawsuit against opioid manufacturers and distributors. The action is in defiance of Shelby County Mayor Mark Luttrell, as the county has filed suit against Commission Chairwoman Heidi Shafer to stop it. -
Pharmaceutical companies have played a large part in the opioid crisis sweeping the country (EDITORIAL)
Nov 8, 2017 | The Courier (DuPage University, IL)
By Staff
A recently held ceremony in the East Room of the White House saw President Donald Trump address the widespread opioid crisis that has continued to ravage the country. The National Institute on Drug Abuse’s website states that more than 90 Americans die everyday from overdosing on opioids such as prescription pain relievers, heroin and synthetic opioids like fentanyl. It’s been reported that more than 59,000 people lost their lives to this epidemic in 2016 alone. Opioid drugs have become a perpetual issue in our society and it cannot be ignored that pharmaceutical companies may be heavily to blame. -
Opioid Manufacturers Must Provide Extensive Training to Physicians
Nov 8, 2017 | Psychiatry Advisor
By Staff
In an effort to halt the ongoing opioid addiction crisis, US regulators are requiring manufacturers to provide extensive training to doctors, according to a report published by the Associated Press. -
Trump says he and China's Xi to try to end opioid crisis
Nov 9, 2017 | Reuters
By Staff
U.S. President Donald Trump said on Thursday that he and Chinese President Xi Jinping would be focusing “very strongly” on the U.S opioid crisis, which he has declared a public health emergency. -
Pharma Cos. Face Hurdles To Insurance For Opioid Suits
Nov 8, 2017 | Law360
By R. Patrick Bedell & Kevin Harris
The opioid epidemic is the worst drug crisis in American history. An estimated 64,000 Americans died from opiate overdoses last year — 175 deaths every day. The current crisis is driven by abuse of opiates including prescription opioids like oxycodone and Fentanyl, and illegal drugs such as heroin. As state and local governments incur significant expenses in connection with the epidemic in their communities, including payments for increased law enforcement and addiction treatment, they increasingly seek to recover those costs in lawsuits against prescription opioid manufacturers and distributors. The lawsuits against opioid manufacturers typically allege that they fraudulently marketed opioids to persuade doctors and patients that opioids are safe for treatment of long-term pain, while failing to disclose risks such as addiction. The lawsuits against wholesale distributors allege that they negligently or intentionally failed to monitor and report orders that were suspiciously large or subject to diversion. As the pharmaceutical industry faces increasing exposure to new opioid lawsuits, two recent developments will make it more difficult for pharmaceutical manufacturers and distributors to recover liability insurance for their prescription opioid-related liabilities. -
News 8 This Morning
Nov 8, 2017 | WKBT (CBS)
By La Crosse, WI
Video Link: http://app.criticalmention.com/app/#clip/view/30607749?token=979eb00d-0ebc-4ce0-80ca-3ab3aae957b2
Wisconsin Counties Suit
New Haven, CT Suit
Other Litigation Coverage
Commentary and FYIs
Broadcast Media Coverage
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Rock County joins lawsuit against drug companies
Nov 8, 2017 | Biphoo (WI)
By James Rock
Rock County is one of 28 counties hoping to win money in a federal lawsuit against manufacturers of opioid pain medications.
The lawsuit filed Tuesday in the Eastern District of Wisconsin alleges certain drug companies engaged in “nefarious and deceptive” marketing that caused the nation’s opioid overdose epidemic.
The Rock County Board voted by acclamation Oct. 12 to join the lawsuit.
County board Chairman Russ Podzilni said the law firms representing the counties will pay the costs of the lawsuit, while Rock County’s only cost might be staff time to review documents.
The law firms will not be paid unless the county receives a financial benefit, Podzilni said.
The lawsuit seeks unspecified monetary damages. It says the counties’ health and law-enforcement services “have been strained to the breaking point” because of the overdose crisis that has claimed thousands of lives.
Rock County hospitals encountered opioid poisoning 102 times between 2012 and 2014, but that skyrocketed to 988 in 2016, according to the lawsuit.
The lawsuit also states at least 68 people died of opiate overdoses in Rock County between 2013 and 2015, while 33 died in 2016 alone.
More than two dozen states, cities and counties have filed similar lawsuits against pharmaceutical companies, accusing them of making false claims about the dangers of their drugs to make a profit.
The Rock County Board resolution says the county has spent millions of dollars in unexpected and unbudgeted time and resources for services related to the opioid epidemic.
Providing those services becomes more costly every year, “yet (the) county’s ability to generate revenue is limited by strict levy limit caps and stagnant or declining state and federal aid,” the resolution states.
The drug companies aimed “to dramatically increase sales by convincing doctors that it was safe and efficacious to prescribe opioids to treat not only the kind of severe and short-term pain associated with surgery or cancer, but also for a seemingly unlimited array of less severe, longer-term pain, such as back pain and arthritis to name but two examples,” the lawsuit says.
Drug companies knew their “products were addictive, subject to abuse, and not safe or efficacious for long-term use,” the lawsuit says. It names Purdue Pharma, Johnson & Johnson, Endo Health Solutions and subsidiaries of the companies. Three doctors in California and Utah also are listed.
“We vigorously deny these allegations and look forward to the opportunity to present our defense,” Purdue Pharma said in a statement that also said the company is “deeply troubled by the opioid crisis and we are dedicated to being part of the solution.”
Endo Health Solutions said in a statement its “top priorities include patient safety and ensuring that patients with chronic pain have access to safe and effective therapeutic options” while preventing opioid abuse. It said it couldn’t comment further on pending litigation.
Johnson & Johnson said in a statement it had not yet received the counties’ complaint but that the allegations in similar lawsuits are “legally and factually unfounded.”
“Responsibly used opioid-based pain medicines give doctors and patients important choices to help manage the debilitating effects of chronic pain,” the company’s statement said. “At the same time, we recognize opioid abuse and addiction is a serious public health issue that must be addressed.”
Easy access to the drugs led to addictions, which in turn led to heroin use for many who found the street drug cheaper and easier to procure, police and health authorities have said in recent years.
More than 52,000 Americans died in 2015 from drug overdoses, most of them involving prescription opioids or related illicit drugs such as fentanyl and heroin, according to the U.S. Centers for Disease Control and Prevention.
In Wisconsin, 1,824 people died from opioid overdoses from 2013 to 2015, according to the lawsuit.
The lawsuit describes a huge marketing campaign that aimed to convince doctors the drugs were safe.
“As a result, Rock County doctors began prescribing opioids long term to treat chronic pain—something that most never would have considered prior to the defendants’ campaign,” the lawsuit states.
Podzilni said it was important for Rock County to join the lawsuit because of what happened with a similar lawsuit against tobacco companies around the turn of the century.
The state told counties at the time that the state would file the lawsuit and share the proceeds, Podzilni said, but the counties got nothing.
“We didn’t have a seat at the table, and we got screwed,” Podzilni said.
“Now we have a seat at the table, so anything that might come from this would come to the counties that back this,” he added.
It was important to file the lawsuit now because the state could have started its own lawsuit, freezing the counties out, Podzilni said.
There’s still time for other counties to join the lawsuit, Podzilni said.
Neighboring Green and Jefferson counties have joined the suit, but Dane and Walworth have not, according to a news release from one of the law firms representing the counties, Crueger Dickinson of Whitefish Bay.
Also on the counties’ side is the high-powered firm of Simmons Hanly Conroy of New York and Illinois.
State Attorney General Brad Schimel announced in June that his office was working with attorneys general around the country “in an ongoing investigation to evaluate whether pharmaceutical manufacturers have engaged in unlawful practices in the marketing and sale of opioids … to determine the appropriate course of legal action to address the ongoing opioid epidemic.”
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County is one of 28 suing over the Opioid Epidemic
Nov 9, 2017 | APG Media (WI)
By Staff
Washburn County is one of 28 counties that are part of a lawsuit against pharmaceutical companies over the "aggressive and fraudulent marketing of prescription opioid painkillers that has led to a drug epidemic in the state and throughout the nation."
They are represented by Crueger Dickinson, a Wisconsin law firm focused on high-stakes litigation, and Simmons Hanly Conroy, one of the nation's largest law firms focused on consumer protection and mass tort actions.
The counties, which represent over 1 million Wisconsinites, seek relief in the complaint that includes compensatory and punitive damages for the millions of dollars they spend each year to combat what the firms call a public nuisance created by the drug companies' deceptive marketing campaign that misrepresents the safety and efficacy of long-term opioid use.
The lawsuits are one of the largest groups of cases filed in federal court against pharmaceutical manufacturers to address the opioid crisis.
The other lawsuit-participating counties are Douglas, Eau Claire, Price, Rusk, Adams, Columbia, Door, Florence, Fond du Lac, Grant, Green, Iowa, Jackson, Jefferson, Langlade, Lincoln, Marathon, Oconto, Oneida, Pierce, Rock, Sauk, Shawano, Sheboygan, Washington, Waupaca, and Wood.
The defendants are: Purdue Pharma L.P.; Purdue Pharma; The Purdue Frederick Company; Teva Pharmaceuticals USA; Cephalon; Johnson& Johnson; Janssen Pharmaceuticals; Ortho-McNeil-Janssen Pharmaceuticals; Janssen Pharmaceutica; Endo Health Solutions; Endo Pharmaceuticals; Dr. Perry Fine; Dr. Scott Fishman; and Dr. Lynn Webster.
"The lawsuits filed today [November 7] on behalf of 28 Wisconsin counties represent an important step towards addressing the opioid crisis in the state of Wisconsin and seek to hold defendants responsible for their central role in creating this crisis," said Erin Dickinson of Crueger Dickinson, lead counsel along with partner Charles Crueger, said during a press conference on Tuesday that representatives from the counties attended.
"County governments are bearing the brunt of the costs of this crisis. Defendants must be held responsible for the devastating effects their actions have produced on counties across this country."
"I applaud the county leaders for taking action against the defendants who have deceived the public by omitting critical information that has long been known about opioids' addictive qualities and other risks associated with their prolonged use," said Simmons Hanly Conroy Shareholder Paul Hanly, lead counsel in the case. "We are proud to stand with Erin and Charles as they seek justice for these counties and the 1 million Wisconsinites they represent."
"This litigation is the only viable manner Jackson County has in attempting to recover a portion of the vast amount of resources expended on the opioid epidemic that has been created by numerous pharmaceutical firms in the sole interest of profit," said Ray Ransom, Jackson County Board chairman.
"The tragedy of opioid abuse and addiction crosses all social and economic lines," said Alan Sleeter, chair of Oconto County Health and Human Services Board. "Children, families, pregnant women, unborn children, communities, and many other facets of our society are being harmed through the epidemic of addiction.
"Our law enforcement, human services, and judicial systems are being stressed in the effort to effectively respond to and manage the damage caused by opioid abuse and addiction," he said. "In much the same way as the challenge to the big tobacco industry has been able to yield significant and healthy change to our society, so now does the opportunity exist to affect real change for our citizens to overcome the crisis of opioid abuse and addiction."
Jim Schroeder, Jefferson County Board chair, added, "Communities throughout Wisconsin have been suffering the devastating effects of this opioid epidemic for years, and we in Jefferson County believe it is time to take a stand. Families have been destroyed and our hospitals and emergency services overwhelmed because of this opioid epidemic. Jefferson County is proud to stand here with its neighboring counties and collectively seek justice for so many who have been harmed."
Stats
According to the lawsuit, in 2015, the majority of opioid-related deaths in Wisconsin involved prescription opioids. Today, the number of Wisconsinites who die as a result of drug overdoses exceeds the number who die from motor vehicle crashes, as well as suicide, breast cancer, colon cancer, firearms, influenza, or HIV.
According to the Wisconsin Department of Public Health Services, the rate of opioid overdose deaths in Wisconsin nearly doubled, from 5.9 deaths per 100,000 residents in 2006 to 10.7 deaths per 100,000 residents in 2015.
Opioid-related hospital visits in Wisconsin, which include both inpatient hospitalizations and emergency department visits, have doubled over the last decade. In 2015, there were nearly six hospital stays involving opioids for every death involving opioids.
Apart from the toll on human life, the crisis has financially strained the services the counties provide its residents and employees. Human services, social services, court services, law enforcement services, the office of the coroner/medical examiner and health services, including hospital, emergency and ambulatory services, have been impacted by the crisis.
For example, as a direct and foreseeable consequence of the defendants' alleged conduct, the counties have paid, and continue to pay, millions of dollars for health care costs that stem from prescription opioid dependency. Those costs include unnecessary and excessive opioid prescriptions, substance abuse treatment services, ambulatory services, emergency department services, and inpatient hospital services, among others, the lawyers alleged.
The defendants' conduct also caused the counties to incur substantial economic, administrative and social costs relating to opioid addiction and abuse, including criminal justice costs, victimization costs, child protective services costs, lost productivity costs, and education and prevention program costs among others, the attorneys said.
The lawsuit alleges the defendants sought to create a false perception in the minds of physicians, patients, health care providers, and health care payors that using opioids to treat chronic pain was safe for most patients and that the drugs' benefits outweighed the risks.
The attorneys say it was perpetrated through a civil conspiracy involving a coordinated, sophisticated and highly deceptive (unbranded to evade the extensive regulatory framework governing branded communications) promotion and marketing campaign that began in the late 1990s, became more aggressive around 2006.
Specifically, the complaint details how the defendants allegedly poured significant financial resources into generating articles, continuing medical education courses, and other "educational" materials, conducting sales visits to doctors, and supporting a network of professional societies and advocacy groups – all of which were successful in the intended purpose of creating a new and phony "consensus" supporting the long-term use of opioids.
Simmons has filed similar lawsuits in New York, Louisiana, Connecticut, Pennsylvania and Illinois.
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28 Wisconsin Counties Hit Big Pharma With Separate Lawsuits
Nov 8, 2017 | The Daily Caller
By Steve Birr
More than two dozen counties in Wisconsin are going after pharmaceutical companies in an attempt to hold the drug makers accountable for the public cost of the opioid epidemic.
Twenty-eight counties in the state filed separate lawsuits in eastern federal district court in Wisconsin Tuesday that accuse top drug makers, their subsidiaries and several doctors of fraudulent marketing of opioids painkillers. The lawsuits seek unspecified damages from the companies for the millions of dollars spent by localities to combat opioid addiction, reports the Journal Sentinel.
Officials from these counties say their communities are suffering under the financial toll of the drug crisis, which is impacting emergency services, law enforcement, hospitals and social services. The lawsuits allege drug makers created a public nuisance through their fraudulent advertising of opioid painkillers that led to the current overdose crisis.
“County governments are bearing the brunt of the costs of this crisis,” Erin Dickinson of Crueger Dickinson LLC, who is part of the legal effort in Wisconsin, said Tuesday, according to the Journal Sentinel. “Defendants must be held responsible for the devastating effects their actions have produced on counties across this country.”
The lawsuits target Purdue Pharma, Johnson & Johnson, Endo Health Solutions, along with their subsidiaries and three doctors from Utah and California. Lawsuits are mounting against the largest drug makers in the country for their alleged complicity in sparking the opioid crisis through dishonest advertising.
The pharmaceutical companies deny wrongdoing and say they are committed to working with the government to solve the opioid epidemic.
“We are deeply troubled by the opioid crisis and we are dedicated to being part of the solution,” a company spokesman previously told The Daily Caller News Foundation in response to a lawsuit filed by the attorney general of New Jersey.
President Donald Trump declared the opioid epidemic a “public health emergency” Oct. 26, giving states hit hard by opioid addiction flexibility on how they direct federal resources to combat rising drug deaths.
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Wisconsin counties suing pharmaceutical companies over cost of opioid epidemic
Nov 8, 2017 | Milwaukee Business News (WI)
By Lauren Anderson
More than two dozen Wisconsin counties are suing pharmaceutical companies alleging that their fraudulent marketing practices have led to the country’s prescription drug epidemic.
Separate lawsuits were filed on behalf of 28 counties on Tuesday in the Eastern District of Wisconsin. The Wisconsin counties join a growing number of cities, counties and states across the country that are taking similar action.
“The opioid manufacturers … deceived physicians and patients and the public (regarding) the efficacy and safety of using prescription opioids to treat longterm chronic pain,” said Charles Crueger, partner of Crueger Dickinson LLC. “They misled everybody about the addictive properties to treat for longterm chronic pain and the abuse potential.”
Defendants named in the suit include Purdue Pharma, Johnson & Johnson, Teva Pharmaceuticals and Endo Health Solutions, Inc.
The lawsuits seek unspecified monetary damages for the counties, claiming the drug crisis has put a strain on their resources and services.
“Jails have an increased monetary costs because they have to deal with people who are addicted to prescription opioids,” Crueger said. “And the coroners and health and human services, child protective services, the court system. So many of the different services that the county provides have been impacted by this whole opioid crisis.”
While the lawsuits were filed separately, Crueger said they are likely to be heard by the same judge.
Some of the state’s largest counties were not among those to file lawsuits, with Milwaukee, Dane, Racine and Waukesha missing from the list. The Kenosha County Board voted Tuesday evening to sign an engagement letter with the firms that are spearheading the litigation, according to corporation counsel Joseph Cardamone.
Milwaukee County is also preparing to take similar legal action against drug manufacturers. The county board adopted a proposal last week that allows the county’s lawyers to select outside legal counsel to pursue such a lawsuit.
“The county certainly supports the efforts of those 28 counties,” said Margaret Daun, corporation counsel for Milwaukee County. “But Milwaukee County is unique in terms of its population and the damages that we and our taxpayers are suffering, and we need to make a separate evaluation about what is best for our residents and taxpayers. Perhaps it aligns with those other counties, but perhaps it requires a different strategy. We have yet to make that determination.”
The Milwaukee County Medical Examiner predicts a total of more than 325 opioid related deaths this year. More than 31,000 Americans died from opioid overdoses in 2015, according to the Centers for Disease Control and Prevention.
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28 Wisconsin counties file opioid lawsuits against drugmakers, physicians
Nov 8, 2017 | Becker's Hospital Review
By Brian Zimmerman
Twenty-eight counties in Wisconsin filed lawsuits on Tuesday against several drugmakers and physicians for allegedly engaging in a deceptive opioid marketing campaign, which facilitated the nation's ongoing opioid overdose crisis, according to a report from the Journal Sentinel.
The lawsuits are likely to be consolidated in court and collectively seek millions in damages for the cost of local social services, law enforcement and emergency care associated with the opioid epidemic.
"County governments are bearing the brunt of the costs of this crisis," said Erin Dickinson, a lawyer at Crueger Dickinson, the firm representing the counties, according to the Journal Sentinel. "Defendants must be held responsible for the devastating effects their actions have produced on counties across this country."
More counties in Wisconsin are expected to file opioid lawsuits against drugmakers in the coming weeks, according to Ms. Dickinson. The Wisconsin counties join more than two dozen states, cities and counties around the U.S. that have filed similar lawsuits.
Defendants named in the Wisconsin suits include Purdue Pharma, Johnson & Johnson, Endo International and certain subsidiaries of the companies. Three physicians are also named in the lawsuits, according to the Chicago Tribune.
"We vigorously deny these allegations and look forward to the opportunity to present our defense," Purdue Pharma said in a statement obtained by the Tribune.
Endo said it couldn't comment on pending litigation, but told the Tribune the company's "top priorities include patient safety and ensuring that patients with chronic pain have access to safe and effective therapeutic options," while preventing opioid misuse.
Johnson & Johnson told the publication it hadn't seen the complaints from the Wisconsin counties, but said the allegations in comparable lawsuits were "legally and factually unfounded."
More than 1,800 people in Wisconsin died of an opioid overdose from 2013 to 2015, according to the Tribune.
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It’s official: FdL County, more sue opioid makers
Nov 8, 2017 | Ripon Commonwealth Press
By Maic D'Agostino
Fond du Lac County became one of 28 counties across Wisconsin to sue several pharmaceutical giants Tuesday, while Green Lake County nixed moving ahead with a suit of its own a day earlier.
In the wake of a nationwide opioid epidemic, the Fond du Lac County board passed 24-0 a resolution to take legal action against opioid manufacturers at its Tuesday, Oct. 31 meeting.
Law firms representing the 28 Wisconsin counties filed a federal lawsuit Tuesday alleging the companies — including Purdue Pharma, Johnson & Johnson and Endo International — are responsible for marketing campaigns that drove the recent explosion of opioid overdoses.
“And there are more [counties] coming; they just need time to go through the process,” Fond du Lac County Executive Al Buechel said.
Counties have been encouraged to seek recourse by the Wisconsin Counties Association (WCA), which has been represented by one of the firms involved in the lawsuit, Milwaukee-based von Briesen & Roper.
Buechel is the second vice chair of WCA’s board.“They were the impetus behind [the lawsuits],” he said of WCA. “They were the ones who worked with the attorney firms.”
The Wisconsin counties are joining a growing movement sweeping the nation among municipalities, counties and states aimed at holding drug companies responsible for local costs related to abuse of opioids.
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New Haven sues OxyContin maker over opioid crisis
Nov 9, 2017 | AP
By Staff
New Haven lawsuit the company that manufactures OxyContin for “deceptive marketing” that is blamed for the city’s opioid crisis.
New Haven filed a lawsuit against Purdue Pharma Tuesday seeking compensation for costs faced by police, social services and first responders combating the crisis.
Several states have sued the company, New Jersey lawsuit, Ohio and New Hampshire.
Democratic Mayor Toni Harp released the following statement:
“New Haven is pursuing legal action against Purdue Pharma and more than a half-dozen other manufacturers and suppliers of opioids, seeking relief from promotional techniques and marketing strategies that cause widespread addiction to these medications and the resulting strain on the city’s social services network,” New Haven Mayor Toni Harp said. “The city also seeks remuneration for excessive costs it incurs coping with fallout from the opioid crisis.”
The company has denied the allegations. In a statement to the newspaper, Purdue says they are troubled by the opioid crisis and dedicated to being part of the solution.
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New Haven sues OxyContin makers over opioid epidemic
Nov 8, 2017 | WTNH (CT)
By George Colli
The city of New Haven is suing the makers of OxyContin, claiming they helped fuel the opioid epidemic in the Elm City.
The city filed an 83-page lawsuit on Tuesday, alleging Stamford-based Purdue Pharmaceuticals and five other drug manufacturers used deceptive marketing as well as false and misleading information to deceive doctors and patients about the risks associated with opioids.
Mayor Toni Harp says the costs of the addiction are impacting everything from emergency to addiction and child welfare services.
From police and EMS services to treatment clinics, the lawsuit alleges almost every department in the city is being financially burdened by the epidemic.
Related Content: New Haven filing lawsuit against opioid makers, distributors
Last year, New Haven experienced 70 overdose deaths. That’s the second-highest number of opioid-related deaths in the state.
John D’Eramo is the president and CEO of MCCA, one of the largest treatment centers in the state. He says the number of people his clinic treats is steadily increasing year after year.
“What we’ve seen is an increase in the number of people being treated,” he said. “We’re treating up to 10,000 people per year.”
The lawsuit also names three opioid distributors, alleging the companies failed to monitor any spikes in sales or suspicious sales.
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DeWine releases Recovery Ohio Plan to combat opioid epidemic
Nov 8, 2017 | Perry County Tribune (OH)
By Staff
Ohio Attorney General Mike DeWine recently unveiled a set of 12 new initiatives to combat the opioid crisis.
“Ohio is in crisis,” said Attorney General DeWine. “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.”
DeWine unveiled a multi-pronged plan called “Recovery Ohio.” It includes increased treatment, new tools for law enforcement, and expanding prevention, and is described in detail below:
‘Recovery Ohio’
1: Pass legislation to give the Governor the ability to declare a public health emergency statewide or in specific areas, which would allow for the distribution of money and other resources to local entities that are facing unexpected emergency conditions like overdose spikes, and creating an accelerated process for state licenses or approvals in critical professions such as the medical or social work fields as well as expedited licensing reciprocity with other states.
2: Create a 21st century law enforcement data infrastructure that allows real-time, statewide data sharing and brings state-of-the-art data analytics and crime prediction to every Ohio law enforcement agency.
3: Expand proven drug task force models that specifically target and disrupt the flow of money and drugs from Mexican drug cartels.
4: Create at least 60 more specialized drug courts.
5: Double the substance use treatment capacity in Ohio.
6: Expand workforce of critical specialists.
7: Empower employers to help employees with substance use disorder to seek treatment while remaining employed.
8: Help business owners hire employees in recovery by offering employers incentives and reducing risks.
9: Create a special position reporting directly to the Governor with Cabinet-level authority, who works every day with the single-minded focus of fighting the opioid epidemic.
10: Implement proven Kindergarten-12th grade drug prevention education in all Ohio schools.
11: Roll out a statewide drug prevention media campaign
12: Expanded early intervention programs that target Ohio families and children in foster care.
DeWine said that these initiatives should be paid for by the people who are chiefly responsible for the crisis — and that is the drug companies. Today he sent a letter to Purdue Pharma, Endo Health Solutions, Teva, Johnson & Johnson, and Allergan — the companies he filed suit against in May. He is giving them 30 days to come forward and begin settlement solutions. He also sent letters today to Cardinal Health, McKesson, and Amerisource Bergen, drug distributors who flooded the state with pills that they knew far exceeded medical need. DeWine asked them to come forward to pay their fair share as well.
“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,” DeWine said.
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Luzerne County files suit against opioid manufacturers, distributors
Nov 8, 2017 | Times Leader (PA)
By Jennifer Learn-Andes
Luzerne County filed a lawsuit Wednesday in federal court against a string of opioid manufacturers and wholesale distributors.
The civil suit — proposed by county Manager C. David Pedri and approved by county council — was initiated to eliminate the public health and safety hazard caused by the opioid epidemic; to abate the resulting problems; and to recoup funds spent because of the defendants’ “false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids,” according to the 208-page filing in the U.S. District Court in Scranton.
It accuses the defendants of racketeering and alleges they foresaw the economic damages and sustained them through intentional and/or unlawful actions and omissions.
Motivated by corporate profit, the manufacturers pushed opioids, falsely representing to doctors that patients would only rarely succumb to drug addiction, it maintains.
“These pharmaceutical companies aggressively advertised to and persuaded doctors to prescribe highly addictive, dangerous opioids,” turning patients into drug addicts, it said.
The wholesale distributors intentionally breached their legal duties under federal and state law to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates, the suit states.
The filing is packed with statistics on opioid addiction and overdose deaths in the country, state and county.
“The opioid epidemic is particularly devastating in Luzerne County,” it said, citing drug overdose deaths that have increased “alarmingly” in recent years.
Fatal drug overdoses rose from 67 in 2013 and 2014 to 95 in 2015 and 140 in 2016, it noted.
“Luzerne County has a population of 313,000, and the county’s 140 deaths in 2016 yielded an overdose death rate four times that of New York City,” it said. “The county has experienced so many drug overdose deaths, in fact, that the county coroner had trouble finding room for the bodies.”
A council majority approved the administration’s recommendation to file the action in September.
The county retained Baron & Budd PC, of Dallas, Texas, and other associated firms to handle the litigation. Fellerman & Ciarimboli Law PC, Kingston, was hired to serve as the local liaison.
All lawyers are working on a contingency basis and will receive 30 percent of any gross total recovery and nothing if the litigation is unsuccessful, officials said.
Delaware and neighboring Lackawanna County have filed similar suits, and numerous other counties are considering the option.
Pedri has said manufacturers and wholesalers have “flooded the market” with opioids, pointing to a Centers for Disease Control and Prevention statistic indicating 85 of every 100 county residents had opioid prescriptions in 2016.
Seeks unspecified damages
The suit does not expressly state a total amount the county is seeking because the tally of the financial impact is “ongoing and fluid,” county Chief Solicitor Romilda Crocamo said Wednesday.
For example, Pedri and his staff had estimated two county departments — correctional services and Children and Youth — incurred more than $12 million in costs combined due to opioid addiction this year alone. Crocamo said expenses continue to grow.
This week, county Coroner William Lisman projected the county will end 2017 with 139 overdose deaths. His proposed 2018 budget is based on the expectation overdose deaths will remain at high levels and includes $60,000 for toxicology tests and also funding for autopsies in drug cases that will cost taxpayers $2,200 each.
The suit requests a jury trial. Pedri has warned the action likely would take years to adjudicate.
It names the following defendants:
• Purdue Pharma L.P., Purdue Pharma Inc. and The Purdue Federick Co. Inc.
• Teva Pharmaceutical Industries Ltd. and Teva Pharmaceuticals USA Inc.
• Cephalon Inc.
• Johnson & Johnson
• Janssen Pharmaceuticals Inc., Ortho-McNeil-Janssen Pharmaceuticals Inc. and other related entities
• Noramco Inc.
• Endo Health Solutions Inc. and Endo Pharmaceuticals Inc.
• Allergan PLC
• Watson Pharmaceuticals Inc.
• Watson Laboratories Inc.
• Actavis LLC and related entities
• Mallinckrodt PLC and Mallinckrodt LLC
• Amerisourcebergen Drug Corp.
• Cardinal Health Inc.
• McKesson Corp.
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Legislators consider joining suit against opioid manufacturers
Nov 9, 2017 | Journal & Republican (NY)
By Steve Virkler
Lewis County legislators on Nov. 7 were to consider whether to join a growing number of counties involved in a class-action lawsuit against the major manufacturers of opioid drugs.
And the chairman said he had mixed feelings about the matter.
County legislators at their regular meeting at the Harrisville fire hall on Church Street were to consider a resolution to sign a contract with New York City law firm Simmons, Hanly, Conroy P.C., to join planned legal proceedings against manufacturers of prescription opiates, but the meeting was held after this week’s deadline.
The firm won’t charge counties any money unless the lawsuit results in a financial settlement from the companies.
Last week, Legislature Chairman Michael A. Tabolt, R-Croghan, said the measure — which was brought to lawmakers’ attention by county attorney Joan E. McNichol — may get support because there is no cost to the county and “it would be nice to get some revenue back to combat the opioid crisis.”
On the other hand, Mr. Tabolt said he is “not one to sue someone” and is a bit concerned it could be construed as removing personal responsibility from users. “It’s just another way of putting the blame on someone else,” he said.
The chairman said he has also learned that most drug addiction starts with alcohol addiction.
He expects a good discussion by the board.
“The opioid epidemic has grown considerably across the nation, causing local municipalities like Lewis County to invest significant resources to combat opioid abuse and addiction,” the proposed resolution states.
That impacts numerous county offices, including sheriff, district attorney, probation, county attorney, social services, community services and public health, it states.
St. Lawrence County lawmakers at a recent Services Committee meeting voted 10-3 Monday night in favor of joining the suit and will have a final vote on the matter at their meeting Monday.
Other counties expected to participate include Cayuga, Columbia, Fulton, Greene, Oswego, Rockland, Ulster, Wyoming, Broome, Dutchess, Erie, Orange, Schenectady, Seneca, Suffolk and Sullivan.
“Nationally, opioids have caused approximately 60 percent of overdoses in recent years,” the resolution states. “In Lewis County, emergency department visits with a diagnosis of opiate poisoning have more than doubled between 2010-2014 (from 15 to 32).”
While the county had four confirmed overdose deaths last year, there have already been 10 confirmed so far this year, according to Lewis County District Attorney Leanne K. Moser.
According to the resolution, “the intent of the County litigation against manufacturers of these addicting painkillers is to hold opioid manufacturers responsible for their fraudulent marketing tactics, declaring opioids safe for pain management, despite contrary medical statistics and studies. This deliberate and misleading marketing is a contributing cause to this crisis and the increased costs the County has incurred and continues to incur as a result of this crisis in our communities.”
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Akron pursuing lawsuit against drug companies
Nov 9, 2017 | Akron.com (OH)
By Airel Hakim
The City of Akron this week echoed Summit County Executive Ilene Shapiro’s recent announcement that the county, Akron, Barberton and Cuyahoga Falls would soon be jointly filing a lawsuit against manufacturers and distributors of prescription opiates.
Akron City Council passed a resolution Nov. 6 stating they back city efforts to pursue drug companies in order to hold them accountable for their part in the opioid epidemic. Proposed by Councilwoman Veronica Sims (D-at large), all 12 Council members present voted in support of legal action against pharmaceutical companies that have misrepresented the addictive effects of painkillers such as OxyContin and Percocet.
The only Council member who didn’t vote for the resolution was Bob Hoch (D-Ward 6), who was absent for the fourth meeting in a row, this time with no motion made to excuse him. [For more on that, see “Akron designated Purple Heart City” in the Nov. 2, 2017, edition or online at akron.com.]
With the use of prescription opioid painkillers leading some individuals to heroin, fentanyl and carfentanil, Summit County saw 336 overdose deaths last year, city officials said.
While the state has launched multiple lawsuits against drug companies for minimizing the addictive effects of opioids in their marketing, local action would, if successful, give the city more leeway in how any funds won may be used, said Sims.
Should a local lawsuit prevail, city officials would know best how funds could be funneled, whether toward drug treatment programs or to provide care for children born addicted to opioids, for example, unlike a tobacco settlement in which the city had to apply to the state to fund local programs, said Sims.
Brian Angeloni, assistant director of law, said a joint lawsuit with the county already is being finalized.
In fact, said Mayor Dan Horrigan’s Chief of Staff James Hardy, the mayor asked the Law Department to begin looking at the city’s legal options in the opioid epidemic fight several months ago.
Hardy said he hopes to see all communities in Summit County join the local suit.
“The state is looking at it from the state perspective,” said Hardy. “We want a local seat at the table.”
“I think this is so important, because I think we all realize how terribly this crisis is hitting our city, but really across our state,” added Sims. “As Council members, we certainly are dealing with families and much of this fallout on a day-to-day basis, so to have Council’s voice in this situation is extremely important.”
“This is not the end. This is only the beginning of these types of suits. There will be more,” added Hardy.
In related business, Say No to Dope founder Tugg Massa asked City Council to help his organization assist addicts in obtaining long-term sobriety.
Massa said he’s been asking the city to provide a sober living house for the past eight months but hasn’t gotten anywhere with city leaders.
“I’ve jumped through hoops. I’ve met with everybody. I keep getting pushed aside. I just want to know when the city plans on getting behind us,” asked Massa. “I’d like to create a wraparound system here in Akron, from the time they call for the rest of their life. Recovery is for the rest of your life.”
As the organization celebrates the one-year anniversary of being granted official nonprofit status from the Internal Revenue Service, Massa said they’ve placed more than 500 people in treatment. Over the last approximately five months, the group has taken 300 calls on its helpline (855-246-LIVE), he added. They run the all-volunteer New Beginnings Boutique and Thrift store in Kenmore and operate solely on private donations, he said.
Also during public comments, Manicia Finch, admissions director from Bethune-Cookman University in Daytona Beach, Florida, told Council she is wrapping up a recruiting visit for the historical black college. She reported out of her visits to eight area high schools, 101 local students, including Sims’ daughter, were admitted to the college.
In other business, Council placed on next week’s consent agenda a resolution urging the president and U.S. Congress to continue the federal historic tax credit program.
Council’s resolution states the program has been in place since the Reagan administration, created to stimulate local economies by attracting capital to historic rehabilitation projects.
“There’s a number of projects that would have probably not happened if the program had not been in place,” said Planning Committee Chair Jeff Fusco (D-at large).
Local projects that have benefitted include the Gothic Building, Akron Soap Factory, Selle Complex, Andrew Jackson House, Kaiser Building, AC&Y Building, Metropolitan Building, Goodyear Hall, Cascade Lofts, Firestone Triangle Building and the United Building, Fusco noted.
During public hearings Monday, East Akron Neighborhood Development Corp. representatives vouched for a three-story, mixed-use retail and 40-unit senior apartment building planned in Middlebury, and Council gave it the go-ahead that evening. The new construction on East Market Street between South Arlington and East Exchange streets would breathe new life into Akron’s oldest neighborhood, which hasn’t seen new residential and retail development in quite some time, said Zoning Manager Mike Antenucci.
Council also decided to take time to consider another new project, a proposed 40-unit townhouse development in North Hill at North Main and Olive streets. Testa Cos. is partnering with the nonprofit International Institute with Akron’s refugee population in mind, and the design includes classroom space on the property for workforce development and language classes, said Joel Testa, president of Testa Cos.
Council will next meet Nov. 13 at 7 p.m. in Council Chambers on the third floor of the Akron Municipal Building, 166 S. High St. Committees are set to meet beginning at 1 p.m. that day, also in Chambers.
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City Of Reno Considering Suing Opioid Manufacturers
Nov 8, 2017 | Nevada Public Radio (NV)
By Staff
The Reno City Council will talk about suing opioid manufacturers at its regular meeting Wednesday.
Nevada ranks in the top 10 in opioid deaths in the country.
The problem is becoming so acute, Reno Mayor Hillary Schieve has said she wants to consider litigation against drug manufacturers.
The council will only hear a presentation about potential legal avenues Wednesday and will not take a vote.
The Nevada Attorney General’s office earlier this year said it was joining several other states who are looking into possible litigation against drug manufacturers.
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County joins suit against drug manufacturers
Nov 8, 2017 | WD Times (WI)
By Steve Sharp
Jefferson County will be joining a pending lawsuit against pharmaceutical companies to do what it can to recover the monetary costs, at least, associated with the local population's addiction to opioids.
According to a resolution approved in October by the county's board of supervisors, between 1999 and 2013, the amount of opioids dispensed in the United States quadrupled, with nearly 207 million prescriptions being written in 2013 and almost 259 million in 2014. Jefferson County has seen many lives negatively affected by opioid abuse.
The Wisconsin Counties Association has researched this issue and found lawsuits filed in other states alleging pharmaceutical companies knew profits could increase if they were able to market and sell opioids for long-term use.
What the resolution refers to as "false marketing campaigns" touting the "safety" of opioids for long-term use is at the root of the pending lawsuit.
The counties of Wood, Adams, Price and now Jefferson have agreed to become parties to the lawsuit and the counties association expects at least 60 more Wisconsin counties to join the action.
"Pursuing claims against certain opioid manufacturers will hold those persons responsible for the financial costs incurred by Jefferson County and other public agencies across the state and country in dealing with the opioid epidemic," the resolution stated.
Jefferson County Administrator Ben Wehmeier talked with the Daily Times Tuesday about the lawsuit.
Wehmeier said the devastation wreaked by opioids in Jefferson County has been sadly remarkable, as it has been statewide.
"Communities throughout Wisconsin have been suffering the devastating effects of this opioid epidemic for years," he said. "Families have been destroyed and our hospitals and emergency services overwhelmed. Opioid overdose deaths now occur regularly throughout the state of Wisconsin and Jefferson County is no exception. Nearly every county department has been affected by the opioid epidemic."
Wehmeier said any money gleaned by the county as a result of the lawsuit would be generally used to expand programs that fight opioid abuse.
"Jefferson County cannot undo the damage that has been caused by the opioid epidemic. Our hope is that settlement proceeds would be used to expand county programs to address the opioid related problems currently experienced by Jefferson County residents through prevention and intervention programs," he said.
Wehmeier said he expects the lawsuit will be a triumph for the county, but he's not sure when it might be.
"We expect the lawsuit will be successful. Due to the complexity of the lawsuit, it is not possible to place a time line on completion," he said.
The suit will be filed in the federal court in the Eastern District of Wisconsin.
There are currently several similar suits occurring across the U.S. at various levels of government.
"Communities throughout Wisconsin have been suffering the devastating effects of this opioid epidemic for years and we in Jefferson County believe it is time to take a stand," Wehmeier said. "We are proud to stand with our neighboring counties and collectively seek justice for so many who have been harmed."
A resolution will come before the Dodge County Board of Supervisors Tuesday to authorize that county joining the lawsuit. A resolution related to the matter has already been signed by members of the Dodge County Executive Committee, Judicial and Public Protection Committee and Health Services and Board.
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Shelby County Commission moves forward with opioid lawsuit
Nov 8, 2017 | WMCA (TN)
By Staff
High drama Wednesday morning as Shelby County Commission agreed to move forward with a lawsuit against opioid manufacturers and distributors. The action is in defiance of Shelby County Mayor Mark Luttrell, as the county has filed suit against Commission Chairwoman Heidi Shafer to stop it.
For a body that typically moves at a glacial pace, County Commission Chairwoman Heidi Shafer kept everyone on time Wednesday.
Commissioners, first in the committee room, agreed taxpayers should cover Shafer’s legal fees in the lawsuit brought by the mayor’s office.Commissioner David Reaves was critical. “This would require Ms. Shafer to recuse herself because she would benefit."
Shafer, under advice of her attorney Allan Wade, maintained she would not benefit as she was protected by legislative immunity. Shelby County Attorney Kathryn Pascover told the commission she disagreed. Eventually commissioners signed off on moving forward with the suit in committee despite differing opinions.
“I think all of us need to stand down, we need to step back,” Commissioner Walter Bailey said.
“The administration has not worked with us at all,” Commissioner Terry Roland said.
The group shifted six floors down for a full special commission meeting to take a final vote. With eight yes votes, the commission signaled it will continue on with its suit.
“I’m hopeful the administration will be willing to come to the table and help us work this out,” said Shafer.
Shafer and other commissioners said the mayor’s office dragged its feet in doing anything to bring an opioid lawsuit. But the administration maintains it was in the process of interviewing firms. The administration doesn't believe Shafer or the commission has authority in the matter, which is why they sued her.
“Quite frankly, we’re still of the opinion the contracting responsibility belongs to the mayor,” said Harvey Kennedy, County Chief Administrative Officer.
Luttrell could veto the commission’s action. County Attorney Kathryn Pascover would not comment after the series of meetings Wednesday. Commissioner Terry Roland said he’d be in favor of exercising a vote of no confidence in Pascover at the commission meeting Monday.
Chairwoman Shafer and the mayor’s administration are set to be back in Chancery Court in Shelby County on Tuesday to try and resolve the lawsuit over authority. -
Nov 8, 2017 | The Courier (DuPage University, IL)
By Staff
A recently held ceremony in the East Room of the White House saw President Donald Trump address the widespread opioid crisis that has continued to ravage the country. The National Institute on Drug Abuse’s website states that more than 90 Americans die everyday from overdosing on opioids such as prescription pain relievers, heroin and synthetic opioids like fentanyl. It’s been reported that more than 59,000 people lost their lives to this epidemic in 2016 alone. Opioid drugs have become a perpetual issue in our society and it cannot be ignored that pharmaceutical companies may be heavily to blame.
The state of Ohio has the most deaths due to drug overdose in the country and a lawsuit was filed earlier in the year by its Attorney General Mike DeWine against pharmaceutical companies including Purdue Pharma, Teva Pharmaceuticals, and Johnson & Johnson.
An article posted on the Atlantic.com by Alana Semuels states that “The lawsuit accuses the companies of spending millions on marketing campaigns that ‘“trivialize the risks of opioids while overstating the benefits of using them for chronic pain.”’ The companies, the lawsuit alleges, lobbied doctors to influence their opinions about the safety of opioids.”
It’s unfortunately quite apparent that these company’s primary concern seems to be that of making money. In turn, they seem to show indifference when it comes to creating and distributing painkilling medication which do not have the adverse side effects that opioids do.
The aforementioned Atlantic.com article also states that “A Los Angeles Times investigation into Purdue Pharma, for instance, found that the drug maker, which marketed OxyContin as relieving pain for 12 hours, knew that the drug wore off before that time period. Since the drug didn’t last as long as promised, some patients suffered withdrawal, which led them to become addicted.”
The President announced several initiatives to combat this issue at the ceremony he held, one of these were instigating an elaborate advertising campaign aimed at convincing young people not to start using drugs. However, this and other plans he mentioned may unfortunately not be enough to stop this crisis from getting even worse.
President Trump neglected to declare the crisis a national emergency, which would have allowed for the pooling of federal funding specifically geared at tackling the issue–something he said he was going to do in August of this year.
An article by Julie Hirschfeld Davis posted on the New York Time’s website states that Senator Edward J. Markey, a democrat of Massachusetts, said “Instead of a commitment to emergency funding for our states and communities, President Trump offered empty words and half-measures. America is hemorrhaging lives by the day because of the opioid epidemic, but President Trump offered the country a Band-Aid when we need a tourniquet.”
There is no doubt that the President has made a step in the right direction by bringing much needed attention to this issue plaguing the country. Many of the directives he plans to implement may very well go a long way in helping to solve this problem. Nevertheless, if the country is to have any substantial hope of fully dealing with this, the main focus needs to be on dedicating a considerable amount of funds and resources to finding ways to resolve it, and pharmaceutical companies should be at the head of that charge.
These companies must be held accountable for their undeniable role in this drug overdose epidemic as hundreds of thousands of lives have been cut short as a consequence of the drugs they have created. It is important they realize this and aid in the efforts to put a stop to it. The onus is on them to contribute in funding research to create painkilling medication which will not end up causing more harm than good.
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Opioid Manufacturers Must Provide Extensive Training to Physicians
Nov 8, 2017 | Psychiatry Advisor
By Staff
In an effort to halt the ongoing opioid addiction crisis, US regulators are requiring manufacturers to provide extensive training to doctors, according to a report published by the Associated Press.
Scott Gottleib, MD, commissioner of the US Food and Drug Administration, noted in a recent blog post that the FDA had informed 74 manufacturers of immediate-release opioids, including hydrocodone/acetaminophen and oxycodone/acetaminophen, that their drugs would be subject to these requirements. However, physicians will not be required to undergo training.
Overall, about 2 million individuals are addicted to prescription opioids in the United States.
In 2015, more than 15,000 died of overdoses involving prescription opioids. Manufacturers of long-acting opioids, including oxycodone, have been subject to these requirements since 2012.
Gottleib called the drugs a "potential gateway to addiction" in the blog post.
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Trump says he and China's Xi to try to end opioid crisis
Nov 9, 2017 | Reuters
By Staff
U.S. President Donald Trump said on Thursday that he and Chinese President Xi Jinping would be focusing “very strongly” on the U.S opioid crisis, which he has declared a public health emergency.
Trump said shortly before arriving in Beijing he would discuss as a “top priority” stopping the “flood of cheap and deadly” fentanyl “manufactured in China” when he meets Xi.
“Every year drug trafficking destroys millions and millions of lives,” Trump said in Beijing, standing next to Xi at the end of formal talks between the two.
“Today President Xi and I discussed ways we can enhance coordination to better counter the deadly drug trade and to stop the lethal flow of poisonous drugs into our countries and into our communities,” he added.
“A special emphasis will be placed on the new phenomenon - fentanyl - destroying lives by the millions. We’re going to be focusing on it very strongly, the president and myself,” Trump said, without elaborating.
Speaking later to reporters, U.S. Secretary of State Rex Tillerson said Trump and Xi agreed to take new steps.
“On the critical issue of opioids, we made some good progress to curb the flow of harmful narcotics into the United States in order to save American lives,” Tillerson said.
“The president committed to taking new actions including agreements to control the export and movement of fentanyl precursors, sharing intelligence on drug trafficking, and exchanging trafficking information,” he added, referring to Xi.
China’s drug control agency last week disputed Trump’s claim that most of the synthetic drug fentanyl at the heart of the U.S. opioid crisis was produced in China.
Opioids include prescription painkillers, heroin and fentanyl, a highly addictive synthetic drug 50 to 100 times more potent than morphine.
The Centers for Disease Control estimated that 20,000 Americans were killed by fentanyl last year, surpassing common painkillers and heroin for the first time.
American law enforcement agencies and drug control experts say most of the fentanyl distributed in the United States, as well as precursor chemicals, originate from China.
While Chinese officials dispute these claims, Beijing has taken steps to crack down on the production and export of synthetic drugs, and has placed fentanyl and 22 other related compounds on its list of controlled substances.
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Pharma Cos. Face Hurdles To Insurance For Opioid Suits
Nov 8, 2017 | Law360
By R. Patrick Bedell & Kevin Harris
The opioid epidemic is the worst drug crisis in American history. An estimated 64,000 Americans died from opiate overdoses last year — 175 deaths every day. The current crisis is driven by abuse of opiates including prescription opioids like oxycodone and Fentanyl, and illegal drugs such as heroin. As state and local governments incur significant expenses in connection with the epidemic in their communities, including payments for increased law enforcement and addiction treatment, they increasingly seek to recover those costs in lawsuits against prescription opioid manufacturers and distributors. The lawsuits against opioid manufacturers typically allege that they fraudulently marketed opioids to persuade doctors and patients that opioids are safe for treatment of long-term pain, while failing to disclose risks such as addiction. The lawsuits against wholesale distributors allege that they negligently or intentionally failed to monitor and report orders that were suspiciously large or subject to diversion. As the pharmaceutical industry faces increasing exposure to new opioid lawsuits, two recent developments will make it more difficult for pharmaceutical manufacturers and distributors to recover liability insurance for their prescription opioid-related liabilities.
First, on Nov. 6, 2017, the California Court of Appeals issued a landmark ruling in The Travelers Property Casualty Company of America et al. v. Actavis Inc. et al. (Case No. G053749), holding that insurance policies issued by Travelers Property Casualty Company of America and St. Paul Fire & Marine Insurance Company do not provide a duty to defend Actavis Inc., a manufacturer or prescription opioids, in a lawsuit filed by the County of Santa Clara, California, and the County of Orange, California, (the “counties”), or in a similar lawsuit filed by the City of Chicago. The counties and Chicago seek to recover from Actavis civil penalties and costs related to addressing the opioid epidemic, such as funding emergency services and addiction treatment. Both lawsuits allege that Actavis and other defendants engaged in a fraudulent scheme to promote the use of opioids for long-term pain in order to increase corporate profits.
In September 2014, Travelers filed a lawsuit to obtain a declaration that it had no obligation under the Travelers or St. Paul policies to defend or indemnify Actavis in connection with the lawsuits filed by the counties and Chicago. The policies provide a duty to defend against suits seeking damages for “bodily injury” caused by an “event” or “occurrence,” which are both defined to mean an “accident.” The policies also contain exclusions precluding coverage for “bodily injury” within the “products-completed operations hazard,” which is defined as “bodily injury” “arising out of ‘your product’ or ‘your work.’” In April 2016, the trial court ruled that Travelers has no duty under the policies because the counties and Chicago do not allege an “accident” as required by the definition of “occurrence” or “event,” and because the products exclusions precluded coverage for damages arising from Actavis’ products.
The Court of Appeals’ opinion affirms the trial court’s ruling in its entirety. The court held Travelers does not have a duty to defend because the underlying suits, which are based on allegations that Actavis engaged in a deliberate marketing campaign to increase the sale of opioids, do not allege an “accident.” The court noted that whether Actavis intended to cause injury was not relevant to its determination whether an insurable accident occurred, and concluded that injuries arising from a resurgence in heroin use caused by opioid addiction are not unexpected or unforeseen. The court also held that the claims alleged by the counties and Chicago fall within the products exclusions because the opioid epidemic “arises out of” Actavis’ marketing of its opioid products. The opinion in Actavis is a significant development in the insurance law emerging in response to the recent wave of opioid-related lawsuits, as it suggests that insurance coverage may not be available for payments that pharmaceutical manufacturers make to resolve lawsuits alleging that their fraudulent marketing has contributed to the opioid epidemic.
Second, manufacturers and distributors may find it difficult to obtain coverage for recent lawsuits filed by county and local governments seeking to recover costs incurred addressing the opioid epidemic. General liability policies provide insurance for lawsuits seeking damages “because of ‘bodily injury,’” but do not provide coverage for lawsuits that only allege economic loss. In 2014, the Western District of Kentucky in Cincinnati Insurance Co. v. Richie Enterprises LLC, 2014 WL 3513211 (W.D. Ky. July 16, 2014), found that West Virginia’s claims against distributors did not trigger the duty to defend because the suit did not seek damages ‘‘because of ‘bodily injury’” suffered by a specific opioid user, but instead sought reimbursement for West Virginia’s public expenditures. The United States Court of Appeals for the Seventh Circuit reached a contrary holding in Cincinnati Insurance Co. v. H.D. Smith, 2016 WL 3909558 (7th Cir. July 19, 2016), concluding that West Virginia’s suit alleged that damages were sustained ‘‘because of ‘bodily injury’’’ to its citizens. The Seventh Circuit reasoned that it does not matter if the damages were paid to West Virginia instead of an opioid user that actually suffered ‘‘bodily injury.’’ Either payment, according to the Seventh Circuit, would be for damages ‘‘because of ‘bodily injury.’”
In recent weeks, more than 40 government plaintiffs in Ohio, Illinois, Alabama and Kentucky have filed suits seeking “economic damages” for public funds spent on services to address the opioid epidemic, including medical care, drug rehabilitation and law enforcement, and specifically clarify that they do not seek damages for bodily harm. For example, on Nov. 6, 2017, Crawford County, Ohio, filed a lawsuit in U.S. District Court for the Southern District of Ohio confirming that it “does not seek compensatory damages for death, physical injury to person, or emotional distress.” In asserting that disclaimer, government plaintiffs have pled their claims to seek only economic loss which, as the Richie Enterprises court recognized, is not covered by liability insurance.
Following the California Court of Appeal’s opinion in Actavis and recent lawsuits disclaiming damages for bodily harm, the pharmaceutical industry faces new challenges in recovering insurance for opioid lawsuits filed by government plaintiffs. Despite these setbacks, pharmaceutical companies are expected to continue to seek insurance coverage for their opioid-related liabilities, and may seek to limit the Actavis holding to the language of Travelers’ policies or California law recognizing there is no “occurrence” where the insured is alleged to have intended the act causing harm. In addition, manufacturers and distributors will continue to cite the Seventh Circuit’s opinion in Cincinnati Insurance Co. v. H.D. Smith in seeking a defense to opioid lawsuits that do not specifically disclaim damages for bodily. As courts begin to resolve some of the novel insurance coverage questions arising from opioid lawsuits filed by state and local governments, the pharmaceutical industry’s increasing exposure for the worst drug epidemic in our country’s history will continue to generate new insurance coverage questions and cases that will determine whether opioid claims are covered by insurance. -
Nov 8, 2017 | WKBT (CBS)
By La Crosse, WI
Video Link: http://app.criticalmention.com/app/#clip/view/30607749?token=979eb00d-0ebc-4ce0-80ca-3ab3aae957b2
Rough Transcript: 28 counties in wisconsin are now suing drugmakers over the opioid epidemic. jackson... adams... eau claire... and grant counties are all part of the lawsuit... which was filed in federal court yesterday. counties are seeking unspecified monetary damages from purdue pharma... johnson andjohnson... and endo health solutions, incorporated. the lawsuit claims "nefarious and deceptive" marketing campaigns are to blame for the opioidproblem in this country. in statements... purdue pharma' and johnson and johnson' deny the allegations. representatives of endo health solutions' say it's against policy to comment on current litigation. just last week ... president donald trump declared the nation's opioid epidemic a public health emergency.
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