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Opioid Litigation Daily Media Report - 11/10/17
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Pa. County Launches Opioid Marketing RICO Suit
Nov 9, 2017 | Law360
By Matt Fair
A northeastern Pennsylvania county has launched a federal lawsuit accusing a slew of pharmaceutical companies including Endo, Janssen and Teva of violating the Racketeer Influenced and Corrupt Organizations Act by illegally marketing highly addictive painkillers that have contributed to a costly national opioid epidemic. -
Luzerne County files lawsuit over opioid epidemic
Nov 10, 2017 | Standard Speaker (PA)
By James Halpin
Luzerne County this week filed suit against a host of pharmaceutical companies accusing them in a racketeering conspiracy that has ravaged the community by inundating the region with prescription pills. -
Lexington Filing Suit Against Opioid Makers, Distributors
Nov 10, 2017 | 88.9 WEKU (KY)
By Stu Johnson
The Lexington-Fayette government is joining 34 other Kentucky counties in suing close to two dozen wholesale drug distributors and manufacturers. -
City files lawsuit against drug companies for "dumping opiates into the city'
Nov 9, 2017 | WKYT (KY)
By Staff
The city of Lexington has filed a lawsuit against more than a dozen drug distributors and manufacturers. Mayor Jim Gray says the companies need to be held accountable "for dumping opiates into the city." -
Despite Declining Opioid Prescriptions, Wisconsin Still Hit Hard By Overdoses
Nov 9, 2017 | The Fix
By Victoria Kim
Prescribers have shouldered a large part of the blame for the opioid crisis but Wisconsin’s struggles show that the problem is not so black and white. -
Columbia County sues drugmakers, distributors over opioid epidemic
Nov 10, 2017 | PennLive (PA)
By John Beauge
Columbia County has joined other municipalities and states that have or are considering suing drug manufacturers contending they have been a contributing factor to the opioid crisis. -
County retains firms in opioid lawsuit
Nov 10, 2017 | Tribune Chronicle
By Renee Fox
Trumbull County on Thursday joined several other communities and made the first move toward suing pain pill manufacturers and distributors to pay for the results of a population addicted to opioids by hiring a team of attorneys. -
Their view: Tread lightly on opioid lawsuit (EDITORIAL)
Nov 9, 2017 | Times Leader (PA)
By Staff
It is easy, and to some extent certainly fair, to laud Luzerne County’s lawsuit against opioid manufacturers and wholesalers. The suit’s fundamental contention is readily embraced: Big pharma helped cause the crisis by pushing modern prescription pain killers as safe from addiction woes. -
The fentanyl factor
Nov 9, 2017 | Long Island Business News
By Claude Solnik
While heroin and prescription drugs are at the heart of an opiate epidemic, the fentanyl factor frequently may be what makes the current mix so fatal. -
Endo Cert Bid Calls AGs' Use Of Private Attys Unconstitutional
Nov 9, 2017 | Law360
By Chuck Stanley
Drugmaker Endo Pharmaceuticals has asked the U.S. Supreme Court to bar states from using outside “contingency-fee” lawyers to investigate and litigate allegations of fraudulent marketing practices by makers of opioid painkillers, saying state governments’ reliance on outside, profit-motivated counsel violates its due process rights. -
Laxalt Details Opposition To Potential Reno Opioid Suit
Nov 9, 2017 | Nevada Public Radio (NV)
By Staff
Nevada Attorney General Adam Laxalt has explained some of his opposition to discussions by the city of Reno to file suit against manufacturers of prescription opioids. -
Feds move to crack down on opioid trafficking
Nov 9, 2017 | The Hill
By Rachel Roubein
The Trump administration is taking steps to make it easier to prosecute traffickers of potent synthetic opioids that have lead to an uptick in overdose deaths. -
16 Insurance Companies Make Commitment To Address Opioid Crisis
Nov 9, 2017 | Forbes
By Bruce Y. Lee
If confronting the opioid crisis were like playing in the World Series, yesterday's announcement might be akin to hitting a home run, maybe even a Grand Slam. -
Good Day Kentucky
Nov 10, 2017 | WTVQ (ABC)
By Lexington, KY
Video Link: http://app.criticalmention.com/app/#clip/view/30629308?token=0b1ceade-2db5-401e-b722-2536571ea3ff -
First News at 7am
Nov 10, 2017 | WYFXLD (FOX)
By Youngstown Ohio
Video Link: http://app.criticalmention.com/app/#clip/view/30629313?token=0b1ceade-2db5-401e-b722-2536571ea3ff -
FOX 56 News First at Ten
Nov 9, 2017 | WOLF (FOX)
By Wilkes-Barre, PA
Video Link: http://app.criticalmention.com/app/#clip/view/30629409?token=0b1ceade-2db5-401e-b722-2536571ea3ff
Luzerne County, PA Suit.
Lexington - Fayette County, KY Suit
Other Coverage
Commentary and FYIs
Broadcast Media Coverage
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Pa. County Launches Opioid Marketing RICO Suit
Nov 9, 2017 | Law360
By Matt Fair
A northeastern Pennsylvania county has launched a federal lawsuit accusing a slew of pharmaceutical companies including Endo, Janssen and Teva of violating the Racketeer Influenced and Corrupt Organizations Act by illegally marketing highly addictive painkillers that have contributed to a costly national opioid epidemic.
Luzerne County’s lawsuit is one in a rising tide of cases drugmakers are facing as state and local governments seek to recoup costs they say they’ve had to incur as a result of an increased reliance on opioid painkillers, and the resultant spikes in addiction and overdose.
“The manufacturers aggressively pushed highly addictive, dangerous opioids, falsely representing to doctors that patients would only rarely succumb to drug addiction,” the complaint, which was filed on Wednesday, said. “These pharmaceutical companies … turned patients into drug addicts for their own corporate profit.”
Targeted in the lawsuit are companies including AmerisourceBergen Corp., Endo Pharmaceuticals Inc., Janssen Pharmaceuticals Inc., Purdue Pharma Inc. and Teva Pharmaceuticals Inc.
The lawsuit said that the opioid crisis has hit Luzerne County particularly hard, as the number of overdose deaths in the region jumped from 67 in 2013 to 140 last year. The county’s rate of overdose death last year — 43.6 deaths per 100,000 people — exceeds the statewide average rate of 27.4 deaths per 100,000 people, the complaint said, and is four times the death rate in New York City.
“The county has experienced so many drug overdose deaths, in fact, that the county coroner had trouble finding room for the bodies,” the complaint said.
The lawsuit accused the drugmakers of using false and deceptive marketing practices over the course of the last two decades, including pushing the opioid painkillers for treatment of chronic pain, to boost prescriptions for the drugs.
Among the companies’ claims, the lawsuit said, was that the drugs were not addictive when prescribed to treat legitimate pain.
Endo declined to comment on the specifics of the suit, but a spokeswoman said the company placed a premium on protecting public health.
"At Endo, our top priorities include patient safety and ensuring that patients with chronic pain have access to safe and effective therapeutic options," spokeswoman Heather Zoumas Lubeski said. "We share in the FDA’s goal of appropriately supporting the needs of patients with chronic pain while preventing misuse and diversion of opioid products."
A Janssen spokesman defended the company's conduct while acknowledging that opioid addiction was "a serious public health issue that must be addressed."
"We believe the allegations in lawsuits against our company are both legally and factually unfounded," spokesman William Foster said. "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."
Several counties and municipalities in Pennsylvania have taken aim at drugmakers and distributors for costs they say they’ve incurred as a result of rising rates of opioid addiction.
Delaware County, located just outside of Philadelphia, filed suit in September against many of the same drugmakers targeted in Wednesday’s complaint. Another Philadelphia suburb, Bensalem Township, announced plans in late August to pursue litigation aimed at recouping some $200 million it says it’s been forced to spend in response to the opioid epidemic.
The state’s attorney general said in June that he was joining a multi-state investigation into how drugmakers might have contributed to rising rates of opioid addiction in the country.
The county is represented by Burton LeBlanc of Baron & Budd PC, and Edward Ciarimboli and Gregory Fellerman of Fellerman & Ciarimboli Law PC.
Counsel information for the pharmaceutical companies was not immediately available on Thursday.
The case is Luzerne County v. Purdue Pharma LP et al., case number 3:17-cv-02043, in the U.S. District Court for the Middle District of Pennsylvania. -
Luzerne County files lawsuit over opioid epidemic
Nov 10, 2017 | Standard Speaker (PA)
By James Halpin
Luzerne County this week filed suit against a host of pharmaceutical companies accusing them in a racketeering conspiracy that has ravaged the community by inundating the region with prescription pills.
The lawsuit, filed in federal court, accuses makers and distributors of drugs such as OxyContin of using “false and deceptive marketing” tactics to convince doctors and patients to use opioids to treat chronic pain.
As a result, the drugs have led to addiction that has hit local communities hard, resulting in the county being forced to pay for services needed to address the epidemic, the complaint alleges.
“But for the (racketeering) defendant’s conduct, (the county) would not have paid the health services and law enforcement services and expenditures required as a result of the plague of drug-addicted residents,” says the suit, filed by the Kingston firm Fellerman & Ciarimboli Law, and the firm Baron & Budd, of Dallas, Texas.
Luzerne County Manager David Pedri in September announced plans to file the federal suit, the latest in a series of similar actions being initiated or considered in the region, including in Lackawanna and Delaware counties. County Council signed off on the lawsuit shortly after the announcement.
The lawsuit notes that fatal drug overdoses have been steadily rising in Luzerne County, which went from 67 fatalities in 2013 to 140 last year. The rate last year, which the county is on pace to match this year, represents an overdose death rate four times that of New York City, according to the lawsuit.
The surge in overdose deaths has affected people of all ages and backgrounds, and has forced the county to boost staffing in the coroner’s office and increase spending to cover more autopsies, the complaint alleges.
In addition to deceptive marketing techniques, the complaint accuses the drug companies of failing to ensure their pills don’t fall into the wrong hands.
“Defendants have unlawfully and/or intentionally distributed opioids or caused opioids to be distributed without maintaining effective controls against diversion,” the attorneys allege. “Such conduct was illegal. Defendants’ failures to maintain effective controls against diversion include Defendants’ failure to effectively monitor for suspicious orders, report suspicious orders, and/or stop shipment of suspicious orders.”
The complaint alleges that the companies’ efforts have been “wildly successful,” resulting in opioids now being the most prescribed class of drugs, generating $11 billion in revenue in 2010 alone.
The lawsuit seeks unspecified damages, including punitive damages that could inflate any possible award.
“Defendants chose profit over prudence, and the safety of the community, and an award of punitive damages is appropriate, as punishment and a deterrence,” the complaint says.
The suit seeks to have the companies finance an “abatement fund” to address the crisis, and requests an injunction to bar them from making illegal pill sales. Costs for damages should include expenses incurred for medical care, rehabilitation, law enforcement and public safety required to deal with the epidemic, the complaint alleges.
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Lexington Filing Suit Against Opioid Makers, Distributors
Nov 10, 2017 | 88.9 WEKU (KY)
By Stu Johnson
The Lexington-Fayette government is joining 34 other Kentucky counties in suing close to two dozen wholesale drug distributors and manufacturers.
Mayor Jim Gray announced the opioid-related federal lawsuit Thursday.
AUDIO LINK: http://weku.fm/post/lexington-filing-suit-against-opiod-makers-distributors
The lawsuit seeks to hold a total of 20 drug manufacturers or distributors accountable for the amount of opioids coming into the Lexington community.
Calling it the next step in the community’s war on opioids, Mayor Gray said overdose deaths in Lexington doubled from 2013 to 2016. He says Fayette County ranks second in Kentucky for heroin related deaths.
In addition to recovering costs, Gray hopes the legal action sends a message.
“Profits are, of course essential to businesses to industries, to the economy. But, profits should never come before people, and that’s the message we’re sending here.”
The mayor said it’s too early to quote a dollar amount that Lexington hopes to recover through the legal action.
In addition to police and fire costs, community officials cite about a million dollars spent annually for drug treatment, $150,000 a year to support the needle exchange program, and increasing costs for Narcan, a drug used to reverse opioid overdoses.
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City files lawsuit against drug companies for "dumping opiates into the city'
Nov 9, 2017 | WKYT (KY)
By Staff
The city of Lexington has filed a lawsuit against more than a dozen drug distributors and manufacturers. Mayor Jim Gray says the companies need to be held accountable "for dumping opiates into the city."
Mayor Gray announced the lawsuit on Thursday morning while meeting with local faith leaders about the epidemic.
Lexington-Fayette is the 35th Kentucky county to file the lawsuit against 10-15 distributors and manufacturers of prescription opioids.
“Opioid abuse has taken a serious toll on our City and our citizens through loss of life, financial hardship and increased criminal activity,” Gray said. “Joined by partners across our community, we are fighting back. It’s only right that the drug distributors and manufacturers pay for the serious problems they have caused. This has been declared a national emergency.”City leaders say money recouped from the lawsuit will go back to first responders and programs that help battle addiction.
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Despite Declining Opioid Prescriptions, Wisconsin Still Hit Hard By Overdoses
Nov 9, 2017 | The Fix
By Victoria Kim
Prescribers have shouldered a large part of the blame for the opioid crisis but Wisconsin’s struggles show that the problem is not so black and white.
After launching a multi-pronged effort to address the abuse of opioid painkillers in Wisconsin, prescriptions have gone down—but drug overdose deaths have not.
The Associated Press reports that opioid-related deaths continue to rise in the Badger State, though data from its prescription drug monitoring program (PDMP) shows that the number of opioid prescriptions has gone down.
Doctors who prescribe painkillers have shouldered a large part of the blame for the epidemic of opioid abuse and overdose in the United States. But Wisconsin’s example illustrates that the problem is not so black and white.
According to the state’s PDMP, 17.5 million fewer doses of opioid painkillers were dispensed from April to June of this year. This represents a 12% decline from the same time period in 2016.
Opioid-related deaths have doubled in the past decade, from 5.9 deaths per 100,000 residents in 2006 to 10.7 deaths per 100,000 residents in 2015. The state says that painkillers are largely to blame—with a majority of opioid-related deaths (63%) involving prescription drugs in 2015.
“Prescription opioids have been the main driver of drug overdose deaths and poisonings,” reads a November 2016 report by the Wisconsin Department of Health Services.
State officials are also targeting drugmakers who they say knowingly promoted their products with “deceptive marketing.”
The Milwaukee Journal Sentinel reported Tuesday (Nov 7) that 28 Wisconsin counties have filed lawsuits against drug companies including Purdue Pharma (the maker of OxyContin and Dilaudid), Endo Pharmaceuticals (Percocet), Johnson & Johnson, and more. A few individual physicians have been named in the lawsuits as well, for allegedly being “instrumental in promoting opioids for sale and distribution.”
“County governments are bearing the brunt of the costs of this crisis,” says Erin Dickinson, a lawyer representing some of the plaintiffs. “Defendants must be held responsible for the devastating effects their actions have produced on counties across this country.”
The plaintiffs are seeking millions of dollars in compensation for costs relating to social services, emergency services, and law enforcement.
“Communities throughout Wisconsin have been suffering the devastating effects of this opioid epidemic for years,” said Jefferson County Board chairman Jim Schroeder. “Families have been destroyed and our hospitals and emergency services overwhelmed because of this opioid epidemic.”
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Columbia County sues drugmakers, distributors over opioid epidemic
Nov 10, 2017 | PennLive (PA)
By John Beauge
Columbia County has joined other municipalities and states that have or are considering suing drug manufacturers contending they have been a contributing factor to the opioid crisis.
Its suit filed Thursday in U.S. Middle District Court comes one day after Luzerne County did the same thing. A number of counties are considering suits, according to the County Commissioners Association of Pennsylvania.
The 17 manufacturers and wholesale distributors named as defendants in the Columbia County suit are accused of engaging in false, deceptive and unfair marketing and/or the unlawful diversion of prescription opiate drugs.
The county claims the opioid epidemic is directly related to the misuse of pain medications.
The 210-page complaint states opiate drugs have been prescribed at a higher rate in Columbia County over the past five years than the national or Pennsylvania averages.
It cites documentation that in 2016 the prescription rate in the county was 80.7 per 100 people compared with the national and state averages of 66.5 and 69.5, respectively.
The result, according to the county, has been a high rate of hospitalization for drug overdoses and a rising death toll. There were eight drug-related deaths in 2014, 16 in 2015 and 18 in 2016, the suit states.
The county accuses the defendants of conducting a market scheme designed to persuade doctors and patients that opioids can and should be used for chronic pain.
That results in a broader group of patients who are more likely to become addicted, it claims.
The manufacturers have falsely touted the benefits of long-term opioid use even though there is no scientific reliable evidence to support those claims, the county charges.
Its suit seeks unspecified punitive damages and the following:An injunction preventing the companies from engaging in the unlawful sales of prescription opioid pills.Compensation for past and future costs to abate the public nuisance caused by opioid epidemic.An order requiring the defendants to fund an "abatement fund."The cost of providing medical care and treatment for those suffering from opioid addiction and for infants born with opioid-related medical conditions.Expenses incurred by law enforcement and public safety related to the opioid epidemic.
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County retains firms in opioid lawsuit
Nov 10, 2017 | Tribune Chronicle
By Renee Fox
Trumbull County on Thursday joined several other communities and made the first move toward suing pain pill manufacturers and distributors to pay for the results of a population addicted to opioids by hiring a team of attorneys.
The same group of attorneys on Oct. 27 filed a 364-page lawsuit in Cuyahoga County Common Pleas Court, and representatives from the firms at the Trumbull County commissioners meeting Thursday said they intend to file the suit in Trumbull County Common Pleas Court to make the most impact in the legal system.
“The drug manufacturers knew very early on that the painkillers, that their drugs that they manufacture and that they are making millions in dollars in profits from, were hooking people,” said Mary Jane Trapp, an attorney with the Cleveland law firm Thrasher, Dinsmore & Dolan, and a former judge in Warren’s 11th District Court of Appeals.
With a resolution at the meeting and a contract that states the attorneys only collect payments and fees if the county wins, Trumbull County joined 45 other counties in eight states to pursue a suit with the team. The county would give up 25 percent of whatever cash a suit might generate.
“There is no risk to the county,” said Frank Fuda, Trumbull County county commissioner.
The Cuyahoga County lawsuit listed 24 defendants, including individuals and corporations in Ohio, New York, Delaware, Pennsylvania, Arizona, Utah and California.
“For too long, these manufacturers and distributors of opioid pain medications have really promoted and touted them without properly explaining the dangers of those pain medications, which as we know now, leads to addiction and overdose deaths. I think the onus is on us to hold the pharmaceutical industry accountable for the families that have lost people, and those who have gone through the scourge of addiction,” Commissioner Mauro Cantalamessa said. “These medications were glamorized and promoted without accountability and we hope that not only can we get reimbursed on services that have cost the taxpayers money, but hold them accountable as well.”
The funds the lawsuit could generate could go to support the increased costs certain county departments have dealt with because of the number of people addicted in Trumbull County, which is seventh in the state for accidental drug overdose rates.
The Trumbull County Mental Health and Recovery Board, the Trumbull County Coroner’s Office, drug task forces, courts, the jail and children services are some of the departments that face the crisis every day and could stand to benefit from any extra cash the suit might generate.
“This is not a problem you can simply arrest your way out of, it’s not a problem you can incarcerate your way out of, and when it comes to the corporations, it’s not a problem that you can fine your way out of. The three wholesale distributors that have 85 percent of the market, each do over $100 billion in revenue a year. So to give you an idea, when they were fined $150 million for violating the requirements that they were statutorily obligated to follow, their stock went up that day,” said Frank Gallucci, with Plevin & Gallucci Company.
The lawsuit also will seek to target three areas — ensure the next generation is educated about the danger of addiction to opioid pain pills; infuse drug task forces, drug courts and law enforcement with cash for programs; and focus on treatment options for those struggling with addiction, Gallucci said.
Commissioner Dan Polivka shared at the meeting personal stories of friends he knew and lost to pain pill addiction that spiraled out of control.
“This is a crisis in our county that touches all walks of life, and it starts with painkillers, that lead to heroin overdoses. Addiction to painkillers often leads to other drug use, which is devastating to the community,” Polivka said.
Cantalamessa said county officials explored other firms and teams in the interest of pursuing a lawsuit to pay for the results of the opioid addiction epidemic, before the choice was made to retain Napoli Shkolnik of New York; Plevin & Gallucci Company; Thrasher, Dinsmore & Dolan; Scott Elliot Smith; and Pasternack, Tilker, Ziegler, Walsh, Stanton & Romano.
The state of Ohio, Dayton, Parma, Lorain, Toledo and Richland County Children Services are some of the communities that have filed suit against companies in the opioid pain pill business. Napoli Shkolnik represents others in New York, Maryland, West Virginia, Kentucky, Georgia, Tennessee Louisiana, Texas and New Mexico.
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Their view: Tread lightly on opioid lawsuit (EDITORIAL)
Nov 9, 2017 | Times Leader (PA)
By Staff
It is easy, and to some extent certainly fair, to laud Luzerne County’s lawsuit against opioid manufacturers and wholesalers. The suit’s fundamental contention is readily embraced: Big pharma helped cause the crisis by pushing modern prescription pain killers as safe from addiction woes.
As Jennifer Learn Andes reported in Thursday’s paper, the suit contends the 16 defendants engaged in “false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids.”
The paperwork alleges they participated in racketeering, and knew the problems their actions could cause, but put profit above truth, turning patients into addicts. “These pharmaceutical companies aggressively advertised to and persuaded doctors to prescribe highly addictive, dangerous opioids.”
This argument dovetails with the National Institute of Health’s stance. The NIH opioid crisis web page makes a straight dive into the same claim, under the heading “How did this happen?”
“In the late 1990s, pharmaceutical companies reassured the medical community that patients would not become addicted to prescription opioid pain relievers, and healthcare providers began to prescribe them at greater rates. This subsequently led to widespread diversion and misuse of these medications before it became clear that these medications could indeed be highly addictive.”
County Manager C. David Pedri bolstered the argument by citing a Centers for Disease Control and Prevention statistic: 85 of every 100 county residents had opioid prescriptions in 2016.
So, yeah, let’s hold big pharma accountable. There are ample examples of industry giants hiding hazards of their products in favor of profits — think tobacco, to name just one. This suit can be a valuable step in reshaping the prescription drug landscape for the better.
But there are caveats.
For starters, it is helpful to distinguish between prescription and non-prescription opioids. Heroin and illegally-produced fentanyl are a big part of this crisis. And while many addicts start with prescription pills, escalating into the illegal options is not, strictly speaking, a big pharma issue. NIH says only 4 to 6 percent who misuse prescription opioids transition to heroin though about 80 percent of heroin users also misused prescription opioids.
It is also helpful to differentiate between an opioid use crisis and an opioid overdose crisis. As is usually the case in this debate, the lawsuit stresses the growth of overdoses in Luzerne County to make its point. There are many people who use prescription opioids for needed pain management without overdosing.
And finally, it is important to remember that not all opioid abusers are using legitimately prescribed drugs. Many abusers steal the drugs from others, or obtain them through other illegal means.
The opioid crises here and nationally is real. The lawsuit is reasonable. But in the rush to fix the problem, we must be careful not overreact in ways that deny prescriptions for valid pain control.
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Nov 9, 2017 | Long Island Business News
By Claude Solnik
While heroin and prescription drugs are at the heart of an opiate epidemic, the fentanyl factor frequently may be what makes the current mix so fatal.
Opiates aren’t the only source of overdoses, but those involved in drug treatment say that the lion’s share come from this category.
“We ask them about overdoses, prior treatment and use,” Leann McCabe, director of New York admissions for Phoenix House in Brentwood, said. “More than half of the people who come in are opiate users who overdosed on heroin and/or fentanyl.”
While heroin can lead to overdoses, the drug can become even more dangerous, thanks to a new ingredient making drug use fatal.
Fentanyl, a synthetic drug, is sometimes cut with heroin or other drugs, turning them into fatal mixes for people who may not have known the ingredient is included.
“The amount of fentanyl people take, deliberate or not, is sometimes irreversible by Narcan,” McCabe said.
Drug dealers aren’t only mixing fentanyl and its variations with heroin, but selling it in pill form as oxycodone replicas.
“These dealers were playing Russian Roulette with the lives of New Yorkers,” Attorney General Schneiderman said after one arrest for fentanyl used to make fake oxycodone. “These poison pills are the latest troubling development in our state’s opioid crisis. A single fentanyl-laced pill can kill you.”
While fentanyl may be a new word in many people’s vocabulary, its history dates back decades, when it, like many drugs now being sold legally, was marketed by a pharmaceutical company as a medication.
Fentanyl was first made by Janssen Pharmaceuticals in 1959 as an intravenous anesthetic and then used as a patch, before various pharmaceutical companies began using it to manage pain.
The drug, however, gradually lead to backlash, as its abuse fueled not only sales, but deaths. A jury in 2007 reached a $5.5 million verdict against Johnson & Johnson subsidiaries Alza Corp. and Janssen Pharmaceuticals related to fentanyl.
While fentanyl is available in prescription drugs today, it also is often being made illegally, sometimes 50 to 100 times stronger than heroin, leading to overdoses.
In New York State, overdose deaths involving opioids increased nearly 35 percent between 2015 and 2016.
Fentanyl-related deaths increased nearly 160 percent statewide from 2015 to 2016 as variations show up in heroin and cocaine.
As little as 0.25 milligrams of fentanyl, or about the size of a pinhead, can result in death, according to the attorney general’s office.
“Fentanyl represents a dangerous new front in the devastating opioid crisis,” Suffolk County Legislator William Spencer, a physician, said.
These new variations or cousins chemically similar to fentanyl until recently weren’t even listed on New York State’s schedule of controlled substances and therefore not subject to the same criminal penalties.
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Endo Cert Bid Calls AGs' Use Of Private Attys Unconstitutional
Nov 9, 2017 | Law360
By Chuck Stanley
Drugmaker Endo Pharmaceuticalshas asked the U.S. Supreme Court to bar states from using outside “contingency-fee” lawyers to investigate and litigate allegations of fraudulent marketing practices by makers of opioid painkillers, saying state governments’ reliance on outside, profit-motivated counsel violates its due process rights.
Endo, which in July pulled from the market its Opana ER painkiller amid concerns it was prone to abuse, asked the high court to overturn a New Hampshire Supreme Court ruling that upheld a contract for Motley Rice LLC’s Linda Singer to investigate Endo and other drugmakers on behalf of the state in exchange for a percentage of any damages payments from any potential litigation, according to an Oct. 27 cert petition.
The New Hampshire Supreme Court rejected Endo’s challenge to the agreement in June, saying the contract’s provision granting government lawyers ultimate control over critical decisions and supervision powers over the outside attorneys is sufficient to ensure a neutral prosecution.
But Endo says the state high court erred in failing to recognize that any decisions reached by the government lawyers will be influenced by the advice of the private lawyers, who have a financial incentive under the agreement to push for litigation against the pharmaceutical company.
“The Due Process Clause categorically bars states from outsourcing the investigation and prosecution of public claims to private contingency-fee lawyers who have a substantial personal financial stake in the outcome,” the petition says. “The control exception ignores the reality that development of the evidence and legal theories is filtered through private lawyers who have a massive financial stake in the proceedings.”
New Hampshire is one of dozens of states and municipalities involved in litigation against opioid drugmakers over marketing practices for the painkillers, which stand at the center of a substance abuse epidemic that claimed more than 64,000 lives due to overdose in 2016 alone.
Endo says New Hampshire’s agreement with Singer follows a “familiar pattern” in which private attorneys scour the media and public records for potentially lucrative lawsuits.
The lawyers then approach state attorneys general’s offices with an offer to assume the cost of the investigation and litigation, in exchange for a claim to a portion of any damages awarded, according to the petition.
In the instant case, Endo says the genesis of the investigation into Endo and other opioid drugmakers was a story in People Magazine detailing an epidemic of opioid abuse in America, on which Rice, who worked for Cohen Milstein Sellers & Toll PLLC at the time, based her “pitch” for a lawsuit to the New Hampshire AG’s office.
As part of the ensuing investigation, the AG’s office issued subpoenas to Endo for documents related to its marketing practices for prescription opioids.
Endo agreed to hand over the documents, on the condition they would not be shared with the outside counsel, whom Endo says was already involved in a number of suits against it on behalf of other states.
A trial court sided with Endo, saying the contract violated state law prohibiting the government from hiring outside counsel or diverting recoveries from litigation from the state treasury.
The trial court, however, rejected Endo’s due process claim, saying assistance from private counsel on an investigation overseen by the AG's office did not violate the company's constitutional rights.
Then the New Hampshire high court rejected the lower court’s finding regarding the state law, saying Endo lacked standing to bring the claim.
The high court let stand the lower court’s finding that New Hampshire’s reliance on outside counsel did not violate Endo’s due process rights, and remanded the case to the lower court to uphold the subpoena.
Endo urged the U.S. Supreme Court to take up the issue, saying contingency-fee arrangements between states and outside counsel are increasingly common, and threaten to undermine the rights of those targeted by the resulting litigation.
“The Court consistently has condemned any financial or other arrangement that might undermine a judge's impartiality ... or distort a criminal or civil prosecutor's duty to pursue justice rather than personal interests,“ the petition says. “Abuse of FDA-approved prescription opioid medications is unquestionably a serious issue that merits public response. But turning over the matter to profit-motivated plaintiffs' lawyers is not the answer.”
Singer did not immediately respond to requests for comment.
Representatives for New Hampshire and Endo could not immediately be reached for comment Thursday evening.
Endo Pharmaceuticals is represented by Lisa S. Blatt, R. Stanton Jones and Anthony J. Franze of Arnold & Porter Kaye Scholer LLP, and Wilbur A. Glahn III and Michael A. Delaney of McLane Middleton PA.
Counsel information for New Hampshire was not available Thursday.
The case is Endo Pharmaceuticals Inc. v. New Hampshire, case number 17-633, in the Supreme Court of the United States. -
Laxalt Details Opposition To Potential Reno Opioid Suit
Nov 9, 2017 | Nevada Public Radio (NV)
By Staff
Nevada Attorney General Adam Laxalt has explained some of his opposition to discussions by the city of Reno to file suit against manufacturers of prescription opioids.
In a letter to Reno Mayor Hillary Schieve that was made public, Laxalt says he is afraid any suit filed by a city in Nevada could limit the potential cash settlements the state could receive in any litigation.
Laxalt explained his office has been working with 41 other state attorneys general on litigation concerning opioid use, and that efforts by cities may undermine that work.
Wednesday, Reno City Council had discussions on whether to pursue litigation on behalf of the city against drug manufacturers.
No vote was taken on the matter.
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Feds move to crack down on opioid trafficking
Nov 9, 2017 | The Hill
By Rachel Roubein
The Trump administration is taking steps to make it easier to prosecute traffickers of potent synthetic opioids that have lead to an uptick in overdose deaths.
The Drug Enforcement Administration (DEA) intends to temporarily schedule all fentanyl-related substances on an emergency basis, the Justice Department announced Thursday.
That classification will let prosecutors charge people trafficking substances similar to fentanyl with the same charges as fentanyl, which is up to 50 times more potent than heroin.
“Fentanyl — and its analogues — are a growing part of a growing problem in the United States,” a DEA official said in a call with reporters, adding that the department is seeing “new fentanyl-related substances crop up at alarming rates.”
At issue are overseas chemical manufacturers who try to alter the chemical structure of fentanyl sent to the United States to evade the Controlled Substances Act. This also makes it harder for prosecutors to convict drug traffickers.
The temporary scheduling can last up to two years, with the possibility of a one-year extension. It goes into effect no sooner than 30 days after the DEA publishes a notice of intent in the Federal Register.
Last month, President Trump declared the opioid epidemic a public health emergency in an effort to curb the rates of overdose deaths from prescription painkillers and heroin. Democratic lawmakers and some advocates panned the measure, saying more funding is needed for any such declaration to be effective.
The measure didn’t free up millions of dollars nor did it include a funding request to Congress.
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16 Insurance Companies Make Commitment To Address Opioid Crisis
Nov 9, 2017 | Forbes
By Bruce Y. Lee
If confronting the opioid crisis were like playing in the World Series, yesterday's announcement might be akin to hitting a home run, maybe even a Grand Slam.
On Wednesday, Gary Mendell, founder and CEO of Shatterproof; Dr. Thomas McLellan, former deputy director of the Office of National Drug Control Policy; Chris Hocevar, president (strategy, segments and solutions) of Cigna Corporation; and Mary Ann Christopher, vice president (clinical operations and transformation) of Horizon Blue Cross Blue Shield New Jersey, announced that 16 major healthcare payers would adopt eight “National Principles of Care” for the treatment of addiction.
Unless you have been staying in the locker room all this time, you've probably heard that addiction to opioid medications has become so widespread that it's a national crisis (and recently declared a nationwide public health emergency). However, a concern is that many efforts to address the crisis have been stuck in the player lineup announcement phase. In other words, things have been a bit like that scene in Monty Python's Life of Brian movie where a council keeps discussing why they should be taking immediate action but never actually takes any action.
Wanting to get everyone on to the field to tackle the opioid crisis (yes, I know there's no tackling in baseball), Mendell and Shatterproof helped convene the Substance Use Disorder Treatment Task Force in April 2017. Securing commitments from the following 16 healthcare payers is the latest step taken by this task force:
Aetna
AmeriHealth Caritas Family of Companies
Anthem, Inc.
Beacon Health Options
Blue Cross Blue Shield of Massachusetts
CareOregon
CareSource
Centene Corporation
Cigna
Commonwealth Care Alliance
Envolve Health
Horizon Blue Cross Blue Shield of New Jersey
Magellan Health
UnitedHealth Group
UPMC Insurance Division
WellCare
This group includes six of the largest payers in the United States, covers over 248 million patient lives, and has provided letters of commitment and signed a memorandum of understanding to advance the following eight “National Principles of Care”:Universal screening for substance use disorders across medical care settingsPersonalized diagnosis, assessment, and treatment planning. Rapid access to appropriate Substance Use Disorder careEngagement in continuing long-term outpatient care with monitoring and adjustments to treatmentConcurrent, coordinated care for physical and mental illnessAccess to fully trained and accredited behavioral health professionalsAccess to Food And Drug Administration (FDA)-approved medicationsAccess to non-medical recovery support services
As Mendell and McLellan both explained, these eight principles aren't new and instead essentially emerged from Facing Addiction in America: The Surgeon General’s Report on Alcohol, Drugs, and Health from 2016 that included recommendations resulting from an extensive review of the scientific literature. The task force made some minor wording changes and added the first recommendation (screening everyone for substance use disorder) to the seven other principles drawn from the previous Surgeon General's report.
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Nov 10, 2017 | WTVQ (ABC)
By Lexington, KY
Video Link: http://app.criticalmention.com/app/#clip/view/30629308?token=0b1ceade-2db5-401e-b722-2536571ea3ff
Rough Transcript: lexington now has a new tactic... in the fight against opioids. lexington is suing a dozen companies that make and distribute them. the lexington- fayette county government... joins thirty-four other counties filing similar suits. the lexington suit seeks money... to pay for treatment programs.. needle exchange programs... and narcan... the drug used to reverse the effects of overdoses. mayor jim gray says opioid abuse has caused death... crime... and financial hardship.
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Nov 10, 2017 | WYFXLD (FOX)
By Youngstown Ohio
Video Link: http://app.criticalmention.com/app/#clip/view/30629313?token=0b1ceade-2db5-401e-b722-2536571ea3ff
Rough Transcript: new this morning: trumbull county is joing other communities to sue makers and distributors of pain pills. on thursday, county commissioners hired a team of attorneys that has already filed a lawsuit in cuyahoga county, according to our print partners at the tribune chronicle. commissioners say they plan to file the same lawsuit in trumbull county court. the goal of the suit is to make back some of the money spent to fight the opioid epidemic.
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Nov 9, 2017 | WOLF (FOX)
By Wilkes-Barre, PA
Video Link: http://app.criticalmention.com/app/#clip/view/30629409?token=0b1ceade-2db5-401e-b722-2536571ea3ff
Rough Transcript: Luzerne County is suing pharmaceutical companies to recover costs of the opioid crisis. thcounty while that suit yesterday. if there is a victory it will charge them 30percent plus fees. to councilman question whether those fees will be very high but the county manager said the already negotiated the percentage way dow >> it would cost the taxpayers nothing. we are purely on a contingency fee with our attorneys. this will be a long and drawn out fight. this will take a couple year probably what we are hoping to be successful. >> ryan: lackawannand delaware counties also have filed lawsuits. councilman stephenurban did oppose the measure saying this could cripple companies and cause them to raisprices
Luzerne County, PA Suit.
Lexington - Fayette County, KY Suit
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