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Opioid Litigation Daily Media Report - 11//29/17
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Lawsuits filed on behalf of area counties against companies for overprescribing opioids
Nov 28, 2017 | WEAU (WI)
By K.C.Brown
A law firm has filed lawsuits on behalf of several western Wisconsin counties against pharmaceutical companies claiming the companies overprescribe opioids. -
Manitowoc County joins opioid painkillers lawsuit against pharmaceutical companies
Nov 28, 2017 | Manitowoc Herald Times Reporter (WI)
By Alisa M. Schafer
Manitowoc County joined forces with almost two-thirds of Wisconsin counties in a lawsuit against pharmaceutical companies over aggressive and fraudulent marketing of prescription opioid painkillers. -
Kenosha joins counties suing big pharm over opioid crisis
Nov 28, 2017 | Kenosha News (WI)
By Jill Tatge Rozell
Kenosha County has joined a growing list of Wisconsin counties that have filed separate federal lawsuits seeking to hold makers and distributors of prescription painkillers responsible for allegedly precipitating the nation’s opioid epidemic. -
More Wisconsin counties file lawsuits against drug makers
Nov 28, 2017 | Associated Press
By Staff
Another 20 Wisconsin counties have filed lawsuits accusing pharmaceutical companies of causing the nation’s opioid overdose epidemic. -
Elyria files lawsuit against drug firms over opioid crisis
Nov 29, 2017 | The Chronicle Telegram (OH)
By Lisa Roberson
A 168-page lawsuit filed Tuesday by an Elyria attorney working for the city alleges that the practices of big drug companies rose to the level of racketeering with pharmaceutical manufacturers and distributors working in concert to engage in a pattern of corrupt activity. -
Jefferson, Berkeley counties sue drug manufacturers, distributors
Nov 28, 2017 | The Exponent Telegram (WV)
By Linda Harris
Jefferson and Berkeley counties are suing drug companies and wholesale drug distributors, blaming them for the opioid epidemic gripping their Eastern Panhandle communities. -
Governing bodies in N.C. sue opioid manufacturers
Nov 29, 2017 | Wilkes Journal Patriot (NC)
By Staff
The elected boards of at least three North Carolina counties and one municipality have either sued or have taken action in preparation to sue pharmaceutical companies over costs related to opioid abuse. -
State, parishes sue over opioid costs
Nov 28, 2017 | WWLTV (LA)
By Meg Farris
America's opioid crisis isn't just claiming lives, it's also costing local governments millions to try to fight it. -
Contingency fee lawyers team with counties to bring opioid lawsuits to Pennsylvania
Nov 28, 2017 | Pennsylvania Record (PA)
By Nicholas Malfitano
Pennsylvania counties are joining the nationwide explosion of litigation against the makers of prescription painkillers that has been fueled by private attorneys who could be in for a massive payday. -
Trempealeau Co. to sue opioid makers
Nov 29, 2017 | Winona Post (MN)
By Chris Rogers
Trempeauleau County plans to sue the manufacturers of OxyContin, Percocet, Opana, and other prescription opioid painkillers for allegedly contributing to opioid addictions, overdoses, and the problems caused by addiction. -
Cascade County Commission votes to join opioid litigation
Nov 28, 2017 | Great Falls Tribune (MT)
By Traci Rosenbaum
Cascade County Commissioners voted Tuesday to retain the services of Simon Greenstone Panatier Bartlett, PC, to represent Cascade County in litigation against multiple drug manufacturers accused of fraudulently marketing their products and downplaying their addictive effects. -
Commission approves possible litigation for opioid suit
Nov 29, 2017 | The Enterprise Ledger (AL)
By Leah Lancaster
At its regularly scheduled meeting on Monday, Nov. 27, the Coffee County Commission approved a resolution authorizing an agreement with Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor law firm to investigate and represent the county in a multi-state opioid suit. -
Houston County takes first steps in battle over opioid epidemic
Nov 28, 2017 | WTVY (AL)
By Nicholas Phillips
The Houston County Commission has entered into an agreement with a local law firm should major drug companies be sued for damages relating to the opioid crisis. -
Grand Traverse, Leelanau Counties Explore Entering Into Lawsuit Against Opioid Manufacturers
Nov 28, 2017 | Michigan News 26 (MI)
By Remington Hernandez
Two local counties are exploring entering into a lawsuit against opioid manufacturers and distributors. -
County agrees to attorney’s proposal on opioid case
Nov 28, 2017 | Morrison County Record (MN)
By Tyler Jensen
County Attorney Brian Middendorf now has the go-ahead from the Board of Commissioners to retain attorneys for a lawsuit against opioid manufacturers and distributors. -
These Pennsylvania politicians have received the most money from pharmaceutical companies accused of exacerbating the opioid crisis
Nov 29, 2017 | Pittsburgh City Paper (PA)
By Ryan Deto
In October, Beaver County officials filed a lawsuit against a dozen pharmaceutical companies, alleging they blatantly overprescribed painkillers and worsened the region’s opioid crisis. According to the complaint, opioid prescriptions quadrupled, starting in the early 2000s, and as a result, pharmaceutical companies made billions in profits. Beaver County officials say the opioid epidemic is costing them millions in emergency services, while also taking hundreds of lives. In 2016, Beaver County lost 102 people to overdoses and Allegheny County had a record 650 overdose deaths. -
Jim Renacci says suing drug manufacturers over opioid epidemic isn't part of the solution
Nov 28, 2017 | Cleveland.com (OH)
By Seth A. Richardson
U.S. Rep. Jim Renacci, a Republican from Wadsworth running for governor, said Tuesday that suing drug manufacturers over the opioid epidemic was not a solution to the ongoing drug problem in Ohio. VIDEO: https://www.youtube.com/watch?time_continue=957&v=nXGsnb80128 -
Opioid epidemic weighing heavy on local governments
Nov 29, 2017 | WXYZ Detroit (MI)
By Matthew Smith
It’s hard to wrap your head around the impact of the opioid epidemic. Neighbors, family members and strangers fall victim to addiction daily — new numbers show that the impact topped $500 billion this past year, but on a local level those numbers are costly. -
Former DEA officials call for repeal of law that weakened enforcement
Nov 28, 2017 | The Washington Post
By Lenny Bernstein
Three former Drug Enforcement Administration officials urged Democratic lawmakers Tuesday to repeal a 2016 law that effectively took away the agency’s most potent weapon against distributors and manufacturers of prescription opioids. -
Fox 47 News at 9
Nov 28, 2017 | WMSN (Fox)
By Madison, WI
Video Link: http://app.criticalmention.com/app/#clip/view/31042311?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836 -
News 3 at Six
Nov 28, 2017 | WISC (CBS)
By Madison, WI
Video Link: http://app.criticalmention.com/app/#clip/view/31042306?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836 -
Montana This Morning
Nov 29, 2017 | KBZK (CBS)
By Bozeman, MT
Video Link: http://app.criticalmention.com/app/#clip/view/31042331?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836 -
CBS 58 Morning News at 6am
Nov 29, 2017 | WDJT (CBS)
By Milwaukee, WI
Video Link: http://app.criticalmention.com/app/#clip/view/31042351?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836 -
Fox 6 Wake-Up News at 5:30
Nov 29, 2017 | WITI (Fox)
By Milwakee, WI
Video Link: http://app.criticalmention.com/app/#clip/view/31042357?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836 -
Channel 11 News at 5AM
Nov 29, 2017 | WPXI (NBC)
By Pittsburgh, PA
Video Link: http://app.criticalmention.com/app/#clip/view/31042366?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836 -
WMC Action News 5 at 6:00PM
Nov 28, 2017 | WMC (NBC)
By Memphis, TN
Video Link: http://app.criticalmention.com/app/#clip/view/31042407?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836 -
Eyewitness News at 6
Nov 28, 2017 | WWL (CBS)
By New Orleans, LA
Video Link: http://app.criticalmention.com/app/#clip/view/31042409?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Wisconsin Counties
Other Litigation Coverage
Commentary and FYIs
Broadcast Media Coverage
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Lawsuits filed on behalf of area counties against companies for overprescribing opioids
Nov 28, 2017 | WEAU (WI)
By K.C.Brown
A law firm has filed lawsuits on behalf of several western Wisconsin counties against pharmaceutical companies claiming the companies overprescribe opioids.
The firm, Crueger Dickinson LLC, filed lawsuits Tuesday on behalf of 20 Wisconsin counties: Chippewa, Clark, Dunn, Monroe, Trempealeau, St. Croix, Buffalo, Ashland, Bayfield, Burnett, Dodge, Calumet, Forest, Kenosha, Manitowoc, Marinette, Marquette, Sawyer, Vernon and Waushara.
The firm claims the pharmaceutical companies are “aggressive and fraudulent” with their marketing of opioid painkillers, and therefore it has led to the drug epidemic in the state.
The lawsuit is looking for relief in the complaint that includes compensatory and punitive damages. Officials with the law firm say the counties spend millions of dollars each year to combat opioid addiction.
The lawsuit says the drug companies use “deceptive marketing campaign that misrepresents the safety and efficacy of long-term opioid use.” -
Manitowoc County joins opioid painkillers lawsuit against pharmaceutical companies
Nov 28, 2017 | Manitowoc Herald Times Reporter (WI)
By Alisa M. Schafer
Manitowoc County joined forces with almost two-thirds of Wisconsin counties in a lawsuit against pharmaceutical companies over aggressive and fraudulent marketing of prescription opioid painkillers.
According to a press release from Crueger Dickinson LLC and Simmons Hanly Conroy, two law firms involved in the litigation against the pharmaceutical companies, the counties seek compensatory and punitive damages for millions of dollars spent each year “to combat the public nuisance created by the drug companies’ deceptive marketing campaign that misrepresents the safety and efficacy of long-term opioid use.”
In an emergency meeting of the Manitowoc County Board Monday, the motion to join the lawsuit was approved by a 17-7 vote. Supervisors Jack Nasep, Randy Vogel, Dave Gauger, Don Zimmer, Melvin Waack, Rick Gerroll and David Dyzak voted against the motion. Supervisor Catherine Wagner was absent.
“What I think is most important about this, or what needs to be part of our future discussions and way we do the county budget is that it acknowledges the opioid epidemic that is affecting our community,” Supervisor Todd Holschbach said. “I think, at worst, one can take a look at the county coroner’s list and see the kind of devastation these drugs are wreaking on our community.”
Supervisor Rick Henrickson said there are many factors in the opioid epidemic, including doctors and the patients themselves.
“Are we going after the right people?” Henrickson asked. “Yes, we can go after the manufacturers, but is that the real problem?”
According to Corporation Counsel Peter Conrad, the county will not have to put money into the lawsuit upfront, but will need to use employee resources to gather documents and evidence of the effects opioids have had in Manitowoc County.
Gerroll said, “I see this as a lot of time spent by corporation counsels, even if these law firms send people for discovery, and I’m sure they will, there will be lots and lots of staff time taken to go through all these records to determine how much it costs the sheriff’s department and the police departments in the county and how much it costs Human Services and all the health care costs — that’s going to be an ongoing thing and will turn out to be very expensive."
He said not enough is known about what the potential outcome of the lawsuit could be.
“I just don’t think we know enough to gamble our staff time against what the potential return is going to be,” he said. “We have suffered serious costs through all of this, but I would certainly want to know what those were before I signed onto this.”
The lawsuit was filed today in federal court on behalf of 48 Wisconsin counties.
The lawsuit specifically targets Purdue Pharma L.P., Purdue Pharma, Inc., The Purdue Frederick Company, Inc., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc., Dr. Perry Fine, Dr. Scott Fishman and Dr. Lynn Webster.
“The lawsuits filed today on behalf of these additional 20 counties in Wisconsin build upon the important work of addressing the opioid crisis in the state,” said Erin Dickinson of Crueger Dickinson LLC in Tuesday’s press release. “Counties are bearing a large burden of the costs associated with combating this public health emergency.”
The counties that have joined the lawsuit include Calumet, Kenosha, Marinette, St. Croix and 43 others.
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Kenosha joins counties suing big pharm over opioid crisis
Nov 28, 2017 | Kenosha News (WI)
By Jill Tatge Rozell
Kenosha County has joined a growing list of Wisconsin counties that have filed separate federal lawsuits seeking to hold makers and distributors of prescription painkillers responsible for allegedly precipitating the nation’s opioid epidemic.
The county announced its participation on Tuesday.
The lawsuits allege drug manufacturers and distributors used deceptive marketing campaigns that misrepresented the safety of long-term opioid use and seek unspecified monetary damages for the financial strain caused by counties’ response to the epidemic.
“Kenosha County has been affected by the opioid crisis and it has a responsibility to those in need,” said Kimberly Breunig, Kenosha County Board chairwoman. “Those companies and individuals that made misrepresentations and false claims to physicians and others in our community should be held accountable for their part in the crisis.”
In addition to Kenosha County, Ashland, Bayfield, Buffalo, Burnett, Calumet, Chippewa, Clark, Dodge, Dunn, Forest, Manitowoc, Marinette, Marquette, Monroe, Sawyer, St. Croix, Trempealeau, Vernon and Waushara counties also filed suits Tuesday. It brings the total number of Wisconsin counties seeking restitution to 48.
Lawyers from von Briesen & Roper, Crueger Dickinson and Simmons Hanley Conroy, the law firms filing on the county’s behalf, claim “millions in unexpected and unbudgeted time and resources” have been spent in responding to the opioid epidemic.
“Counties are bearing a large burden of the costs associated with combating this public health emergency,” Erin Dickinson, said. “Together, with Simmons Hanly Conroy, we will work to hold the defendants responsible for the devastating effects their actions have produced across the state and throughout the nation.”
For example, Dickinson said 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 all been severely impacted by the crisis.
Under the terms of an engagement letter approved by the County Board earlier this month, the law firms will provide representation on a “contingent fee basis,” which means they will not be compensated unless the county is awarded a settlement.
The defendants in the lawsuit are: Purdue Pharma L.P.; Purdue Pharma, Inc.; The Purdue Frederick Company, Inc.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Johnson& Johnson; Janssen Pharmaceuticals, Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc.; Janssen Pharmaceutica, Inc.; Endo Health Solutions, Inc.; Endo Pharmaceuticals, Inc.; Dr. Perry Fine; Dr. Scott Fishman and Dr. Lynn Webster.
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More Wisconsin counties file lawsuits against drug makers
Nov 28, 2017 | Associated Press
By Staff
Another 20 Wisconsin counties have filed lawsuits accusing pharmaceutical companies of causing the nation’s opioid overdose epidemic.
The counties’ lawsuits announced Tuesday are similar to the complaints filed earlier this month by 28 other counties in the state. They allege that the makers of prescription painkillers engaged in deceptive marketing campaigns to sell their products.
Two thirds of Wisconsin’s counties have now filed lawsuits.
Named in the complaints are Purdue Pharma, Johnson & Johnson, Endo Health Solutions, Inc. and subsidiaries of the companies. All have denied the allegations in the Wisconsin lawsuits and others across the country.
The lawsuits seek unspecified monetary damages from the companies.
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Elyria files lawsuit against drug firms over opioid crisis
Nov 29, 2017 | The Chronicle Telegram (OH)
By Lisa Roberson
A 168-page lawsuit filed Tuesday by an Elyria attorney working for the city alleges that the practices of big drug companies rose to the level of racketeering with pharmaceutical manufacturers and distributors working in concert to engage in a pattern of corrupt activity.
Attorney Brian Balser filed the legal missive taking aim at 21 defendants starting with Purdue Pharma, the maker of the painkiller Oxycontin, which is often looked at as a major factor in the rise of opioid addictions across the country. Other defendants include Cephalon Inc., Johnson & Johnson, Janssen Pharmaceuticals, Watson Laboratories Inc., Endo Health Solutions, McKesson Corp., Cardinal Health and Amerisourcebergen Corp.
Elyria joins a growing list of municipalities that want to see drug companies held accountable, even financially responsible, for the rippling effects of their drugs hitting the market, leading to addiction, overdoses and deaths.
“I think that core urban communities are hit especially hard, and it’s important for us to make a statement that we need to get to the root cause of this problem because there are tremendous human and financial losses associated with this tragic dilemma,” Mayor Holly Brinda said. “We see it every day. We see the products of addiction falling victim to opioid overdoses. But there is a greater impact than just them. Addiction impacts families, children and communities. It impacts the workplace. It sucks the resources right out of our first responders who have plenty to do anyway.”
The lawsuit says the case is about the aggressive, deceptive and illegal practices of the defendants.
Manufacturers, the lawsuit said, aggressively pushed highly addictive, dangerous opioids, falsely representing to doctors that patients only rarely would succumb to drug addiction. These same pharmaceutical companies also aggressively advertised to and persuaded doctors to prescribe highly addictive, dangerous opioids and turned patients into drug addicts for their own corporate profit.
In addition, distributors of the drugs intentionally and/or unlawfully breached their legal duties under state and federal law to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates.
“In talking with some of the doctors I know, they have told me that there are a large number of doctors that take recommendations from drug companies,” Brinda said. “It’s important for the drug companies to feel just as or even more so responsible for this problem than the doctors. All the research points to the fact that this opioid crisis grew out of the overprescribing of prescription drugs based on bad information.”
Law Director Scott Serazin said the lawsuit will not cost the city anything up front. Balser is representing the city on a contingency basis and will receive payment only if the lawsuit is successful.
Balser said the timing of the lawsuit hits just as a hearing is set to take place in a St. Louis federal court to determine if the multiple lawsuits filed across the country should be combined into one and if so, which court jurisdiction will handle the case.
Lorain and Dayton already are in the fight for financial compensation, and the lawsuit is similar to one filed earlier this year by Ohio Attorney General Mike DeWine.
And while it may take years for the suit to reach a conclusion, it is a battle worth fighting, Brinda said.
“I do think it has become a part of our national agenda and while I know it won’t get done as soon as we would like, I think it’s better to be moving forward than doing nothing and moving further backward,” she said. “This is our way of saying the city has drawn a line in the sand, and we have to get to the root of the problem.”
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Jefferson, Berkeley counties sue drug manufacturers, distributors
Nov 28, 2017 | The Exponent Telegram (WV)
By Linda Harris
Jefferson and Berkeley counties are suing drug companies and wholesale drug distributors, blaming them for the opioid epidemic gripping their Eastern Panhandle communities.
The 133-page lawsuits, filed in federal court in Martinsburg, claim the drug industry boosted its bottom line by intentionally misrepresenting the risks of using painkillers to consumers and prescribers.
Names as defendants were drug manufacturers — Purdue Pharmaceutical Products, Purdue Pharma LP, the Purdue Frederick Company Inc., Actavis Pharma Inc., Allergan USA, Allergan Sales LLC, Cephalon Inc., Ortho-McNeil-Jannsen Pharmaceuticals Inc., Johnson & Johnson, TEVA Pharmaceuticals, TEVA Sales & Marketing and Mallinckrodt Enterprises Holdings Inc. — and drug distributors Amerisourcebergen, Cardinal Health, Cardinal Health Pharmacy Services, CVS Indiana, Endo Pharmaceuticals, Endo Health Solutions, H.D. Smith Wholesale Drug Co., McKesson, Rite Aid of Maryland, Walmart Stores East and Walgreens.
“It was (the defendants’) marketing and sales — not any medical breakthrough, that rationalized prescribing opioids for chronic pain and opened the floodgates of opioid use and abuse,” the suits contend. “The results have been catastrophic.”
The suits allege the companies worked together to convince the health care community pain treatment was being under-treated and should be a higher priority, and marketed them as “safe, effective and appropriate for even long-term use for routine pain conditions.” The counties claim the manufacturing defendants misrepresented the risk of addiction to prescribers and consumers, and said their marketing materials “failed to portray the risk of abuse or addiction” to painkillers. Some makers marketed products for non-cancer pain that had been approved solely to treat cancer pain, the suit claimed.
“...Misrepresentations about opioid abuse and addiction risk were particularly dangerous because they were aimed at general practitioners or family doctors who treat many chronic conditions, but lack the time and expertise to closely manage patients on opioids by reviewing urine screens, counting pills, or conducting detailed interviews to identify other signs or risks of addiction,” the suit alleged. “Defendants have made a concerted effort to reach these practitioners through continuing medical education programs, office visits and literature specifically aimed at them, and most opioids are prescribed by primary care physicians.”
Jefferson and Berkeley leaders allege in their complaints costs associated with addressing and fixing the opioid epidemic far exceed their budgets, so they want to hold the manufacturers and distributors “financially responsible for the economic costs of eliminating the hazards” to the public health and safety.
The suits, which charge the drug makers and distributors with public nuisance, neglect, fraud, unjust enrichment and conspiracy, with a RICOH (Racketeer Influenced & Corrupt Organizations) allegation, seek unspecified damages to cover all costs associated with the opioid epidemic, including treating the addicts themselves as well as children born with opioid-related medical conditions, costs for police and emergency medical personnel response and the costs associated with caring of children of addicts.
The counties are represented by Stephen G. Skinner, Andrew C. Skinner, Laura C. Davis and Macon Bryan Epps Gray of Skinner Law in Charles Town.
The lawsuits, filed Nov. 21, were assigned to U.S. District Judge Gina Groh
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Governing bodies in N.C. sue opioid manufacturers
Nov 29, 2017 | Wilkes Journal Patriot (NC)
By Staff
The elected boards of at least three North Carolina counties and one municipality have either sued or have taken action in preparation to sue pharmaceutical companies over costs related to opioid abuse.
The Yadkin County commissioners on Nov. 20 agreed to take this legal action.
The Buncombe County commissioners on Nov. 15 announced that they had filed such a suit.
The New Hanover County commissioners on Nov. 6 and the Wilmington City Council on Nov. 8 approved retaining services of a law firm to potentially sue wholesale distributors of opioids.
Yadkin’s action
During their Nov. 20 meeting, the Yadkin commissioners voted unanimously to declare the opioid epidemic a public nuisance and signed a contract with law firms for suing distributors of prescription pain killers.
The Yadkin board cited a report from the National Institute on Drug Abuse that said pharmaceutical companies told doctors that patients wouldn’t become addicted to prescription opioids, leading doctors to prescribe them at a higher rate and contributing to what has been described as a nationwide opioid epidemic.
Yadkin County Manager Lisa Hughes said the financial cost of opioid abuse to Yadkin County is still being determined, but it includes paying for more people in jail and children in foster care due to opioid abuse.
In a Nov. 15 press conference, the Buncombe commissioners announced that Buncombe County had filed a suit in federal court against multiple drug manufacturers and distributors accusing them of fueling opioid abuse in that county.
The Buncombe suit seeks compensation related to public expenses for medical treatments for overdoses and deaths, counseling and rehab, caring for children who have had to enter the foster system because their parents were addicted to drugs, caring for infants born with withdrawal symptoms, economic losses and law enforcement costs.
The suit includes firms that sell Oxycontin, Percocet and Norco and alleges they engaged in “false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids.” Buncombe officials said the suit was filed to relieve taxpayers of the economic burden associated with the opioid epidemic. The county hasn’t specified how much it will seek in monetary damages.
Companies named in the Buncombe suit include AmerisourceBergen Drug Corporation, Cardinal Health, McKesson Corporation, Purdue Pharma, The Purdue Frederick Company, Teva Pharmaceuticals, Cephalon, Johnson & Johnson, Janssen Pharmaceuticals, Noramco, Endo Health Solutions, Endo Pharmaceuticals, Allergan, Watson Pharmaceuticals, Watson Laboratories, Actavis, Actavis Pharma and Mallinckrodt.
N.C. Attorney General Josh Stein is part of a group of a group of 41 attorneys general investigating how pharmaceutical companies marketed and sold prescription opioids in preparation for possibly suing them. Stein and the other attorneys general have requested documents from drug manufacturers and distributors.
Purdue Pharma LP announced in mid-November that it had reached a settlement in an attempt to end state investigations and lawsuits against the company over the U.S. opioid epidemic. Purdue Pharma manufactures Oxycontin, one of the primary abused prescription painkillers.
Over a dozen states and about 100 counties and cities nationwide have already sued Purdue Pharma and other opioid makers and drug distributors in a strategy likened to litigation that led to a $246 billion settlement with major cigarette manufacturers in 1998.
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State, parishes sue over opioid costs
Nov 28, 2017 | WWLTV (LA)
By Meg Farris
America's opioid crisis isn't just claiming lives, it's also costing local governments millions to try to fight it.
On Wednesday, the city of New Orleans will consider following several other parishes in filing suit against more than a dozen drug companies. The lawsuits, including one filed by the state, claim the companies have flooded Louisiana with opiods to boost their profits.
The opioid addiction epidemic is hitting the bottom line of federal, state, and local governments. The Jefferson Parish coroner's office is one of many.
"We're impacted by the fact we do the death investigations of all these overdoses, and those numbers have skyrocketed for us in the last few years," said Dr. Gerry Cvitanovich, the Jefferson Parish Coroner, who is also an urgent care physician.
Dr. Cvitanovich says there's a noticeable hit on the budget.
"We have increased number of autopsies, that means we have more supplies, more overhead, more payroll issues, so it hits us at multiple locations," he added.
But he says his budget increases pale in comparison to the tremendous costs to public health care, EMS, the judicial system and police, who are now being trained to give Narcan, the medication that can help someone who has overdosed breath again.
"Narcan's not cheap, so the training, the cost of that is huge, and then they got to write reports. Every time there's an overdose death, the police are there," said Dr. Cvitanovich.
He's not confident his office will ever see reimbursement from the state suing pharmaceutical companies.
"They generally do take many many years to get through the court system," explained WWL-TV Legal Analyst Pauline Hardin.
She says there are challenges to winning.
"The states have been successful in things like the tobacco litigation, but they've been unsuccessful in other cases such as those involving gun manufacturers," said Hardin.
But it may help the case that other states are suing too.
"I think it's helpful because it puts a lot of pressure on the pharmaceutical companies," she said.
"There's probably a whole lot of blame to go around and I just want it to stop," said Dr. Cvitanovich.
A full statement from the Pharmaceutical Research and Manufacturers of America about the lawsuits is below:
We are unable to comment on legal matters relating to specific member companies, so I’ll decline to comment on the filing you reference.
However, on the broader issue, PhRMA is strongly committed to working with health care stakeholders, policymakers and others to help address the current opioid crisis. As such, we have developed an extensive set of policy recommendations for this multifaceted problem.
We are also working with the NIH, the FDA and the President’s Commission on Combating Drug Addiction and the Opioid Crisis to develop a public-private partnership that will accelerate the development of non-opioid pain medications and new formulations of medication assisted treatment for addiction recovery.
Additionally, in September PhRMA’s CEO, Stephen Ubl announced for the first time that PhRMA supports policies limiting the supply of opioids to 7 days for acute pain. Below is the release, which includes a statement from Ubl. This is a significant step for the biopharmaceutical industry.Click here for the full statement.
Nicholas C. McGee
Director, Public Affairs, PhRMA -
Contingency fee lawyers team with counties to bring opioid lawsuits to Pennsylvania
Nov 28, 2017 | Pennsylvania Record (PA)
By Nicholas Malfitano
Pennsylvania counties are joining the nationwide explosion of litigation against the makers of prescription painkillers that has been fueled by private attorneys who could be in for a massive payday.
Two lawsuits recently filed by Pennsylvania counties target pharmaceutical companies and seek to recoup many thousands of dollars used to combat that same epidemic. Filed in federal court, they follow a pair previously brought in Pennsylvania state courts.
Handling the litigation for Luzerne and Columbia counties is the Baron & Budd firm of Dallas, whereas local representation for both cases will be from Kingston firm Fellerman & Ciarimboli Law.
Attorneys in the case are working on a contingent-fee basis and will receive nothing if the suits are unsuccessful, but will receive 30 percent of the proceeds if the plaintiffs are victorious.
On Nov. 8, a 208-page civil complaint was filed on behalf of Luzerne County in the U.S. District Court for the Eastern District of Pennsylvania in Scranton, in order to “eliminate the hazard to public health and safety caused by the opioid epidemic, to abate the nuisance caused thereby, and to recoup monies that have been spent because of defendants’ false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids.”
The litigation was proposed by Luzerne County Manager C. David Pedri and authorized by the Luzerne County Council in September.
Named as defendants are Purdue Pharma, Teva Pharmaceuticals, Cephalon, Johnson & Johnson, Noramco, Endo Pharmaceuticals, Allergan, Watson Pharmaceuticals, Actavis, Mallinckrodt, Amerisourcebergen, Cardinal Health and McKesson Corp.
According to the complaint, the defendants violated the federal Racketeer Influenced and Corrupt Organizations (RICO) Act by knowing full well the economic damages that would result from the aggressive marketing of opioids, and nonetheless proceeded with that business model, employing illegal actions and factual omissions.
“The manufacturers aggressively pushed highly addictive, dangerous opioids, falsely representing to doctors that patients would only rarely succumb to drug addiction. These pharmaceutical companies aggressively advertised to and persuaded doctors to prescribe highly addictive, dangerous opioids, turned patients into drug addicts for their own corporate profit. Such actions were intentional and/or unlawful,” the complaint reads.
Additionally, the lawsuits accuse the defendants of “intentionally and/or unlawfully breached their legal duties under federal and state law to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates.”
According to the lawsuits, the counties have sustained damages in the forms of:
- Costs for providing medical care, additional therapeutic, and prescription drug purchases, and other treatments for patients suffering from opioid-related addiction or disease, including overdoses and deaths;
-Costs for providing treatment, counseling, and rehabilitation services;
-Costs for providing treatment of infants born with opioid-related medical conditions;
-Costs associated with law enforcement and public safety relating to the opioid epidemic; and
-Costs associated with providing care for children whose parents suffer from opioid-related disability or incapacitation.
The litigation contains comprehensive statistics on opioid overdoses and deaths from national, state and local perspectives, which the plaintiffs say point to the local and underlying reasons for taking the defendants to court.
“Luzerne County’s drug overdose death rate has increased alarmingly in recent years, with the number of deaths rising from 67 in 2013 and 2014, to 95 in 2015,41 and reaching 140 in 2016. This ranked tenth-highest for counties in Pennsylvania in 2015 and seventh-highest in 2016,” the suit says.
Among the “alarming” statistics cited in the complaint, it noted that Luzerne County’s 140 overdose deaths in 2016 (for a population of approximately 313,000) was a death rate four times that of New York City and that “the county has experienced so many drug overdose deaths, in fact, that the county coroner had trouble finding room for the bodies.
“We feel strongly about our case. We’ve been hit hard by this epidemic,” Pedri said.
Pedri reiterated how the number of opioid drug overdoses in Luzerne County have increased in recent years, and how the costs associated with fighting the scourge have affected the efficiency of everything from the local prison system, district attorney and public defender’s offices, to programs targeted to children and youth.
“A whole swath of county services,” Pedri stated.
Lackawanna and Delaware counties have already initiated similar cases.
U.S. District Court for the Middle District of Pennsylvania cases 3:17-cv-02043 & 4:17-cv-02067
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Trempealeau Co. to sue opioid makers
Nov 29, 2017 | Winona Post (MN)
By Chris Rogers
Trempeauleau County plans to sue the manufacturers of OxyContin, Percocet, Opana, and other prescription opioid painkillers for allegedly contributing to opioid addictions, overdoses, and the problems caused by addiction.
The pharmaceutical companies that make these drugs are facing a slew of lawsuits all over the country. During this month alone, there were over 50 lawsuits filed in federal court against Purdue Pharma, for instance, mostly by cities, counties, and states. Earlier this month, the Trempealeau County Board decided to join at least 28 other Wisconsin counties in suing the opioid manufacturers. Neighboring Jackson County, Wis., sued Johnson & Johnson, Endo Health, Teva Pharmaceuticals, Purdue Pharma, and other companies this month, claiming that they contributed to opioid addiction by allegedly convincing doctors that the drugs were non-addictive and safe for long-term use, while allegedly knowing that was not the case. For their part, several of the companies said that properly used opioids can be a safe, effective option for pain management and that they are committed to combating abuse.
When there are opioid overdoses in Trempealeau County, some of the first responders who answer the 9-1-1 calls are County Board member Sally Miller’s family members. “They are seeing it firsthand,” she stated in an interview. “When someone gets injured, and they’re prescribed a legitimate painkiller in a legitimate situation that’s very addicting, it can affect anyone … This is an equal-opportunity destroyer, and I’ve seen it,” Miller said.
While methamphetamine use has generally gotten more attention, Miller said that opioid abuse is also prevalent in Trempealeau County and causing serious harm to people, families, and the community.
According to the Wisconsin Department of Health Services, nine people died from opioid-related drug overdoses in Trempealeau County between 2006 and 2015, placing it in the middle of the pack for deaths-per-capita among Wisconsin counties. To put that in perspective, from 2010-2014 in Trempealeau County, more people died from opioid overdoses than drunk-driving accidents, according to DHS statistics. Eight of the nine deaths were caused by prescription opioids, not street drugs like heroin. Most of those deaths occurred in the past five years.
There were a lot more close calls than actual overdose deaths. Seventy Trempealeau County residents were treated for acute opioid poisoning at hospitals or emergency rooms from 2006-2014. Most of those cases were caused by prescription opioids, not heroin, according to the report.
Sadly, there have also been some cases of neonatal abstinence syndrome (NAS) among babies born to Trempealeau County residents. NAS is a condition caused by opioid use during pregnancy and it is associated with low birth weight, feeding difficulties, and respiratory problems, according to the DHS. Among Trempealeau County babies, 14 cases of NAS were reported between 2006 and 2014, with six cases in 2013.
Asked if nine overdose deaths in nine years was enough to give Trempealeau County a strong case, attorney for the county and Crueger Dickinson Partner Krista Baisch wrote that “death is only one of the many tragic consequence of this the opioid epidemic,” and that the county had suffered many other costs because of addiction. “Counties, including Trempealeau County, are incurring costs for increased law enforcement and public safety employees dealing with opioid-related incidents; costs for providing treatment, counseling, and rehabilitation services; costs for providing welfare or protective services for children whose parents suffer from opioid-related disability or incapacitation; costs for providing treatment of infants born with opioid-related medical conditions; costs for providing medical care, additional therapeutic, and prescription drug purchases, and other treatments for patients suffering from opioid-related addiction or disease …” she stated.
Under an agreement approved by the County Board in a 15-1 vote at its November 11 meeting, Baisch’s office and a national law firm will represent Trempealeau County for free. The lawyers only get paid if there is a financial settlement, though county staff will need to spend time collecting information for the case.
Asked why she voted to sue, Miller said, “I certainly see the impact these issues are causing day-to-day. I felt it was important that we start being part of the solution instead of wringing our hands and saying, ‘What do we do? This is a terrible thing.’ If someone is bringing forward an option and we can be part of that solution, we need to lead.”
Miller pointed to the extra sheriff’s office investigator and child protection worker the county has hired just to deal with drug-related child endangerment cases, to the cost of foster care and other out-of-home placements for those children, and to the extra costs the county bears to send arrestees to detox. Some of those cases involve methamphetamine, and some involve opioids, she said.
“[I wanted] to make sure that if there’s any chance to reimburse us for what we’re doing, that we have a chance of getting a piece of that, but the bigger reason was accountability,” Miller stated. “They need to be held accountable, and they need to pay,” she added.
Baisch’s firm has not yet filed a lawsuit on behalf of Trempealeau County, but it will, she said.
“We vigorously deny these allegations and look forward to the opportunity to present our defense,” a spokesperson for Purdue Pharma wrote in response to questions about the lawsuits, adding, “As a company grounded in science, we must balance patient access to [Food and Drug Administration]-approved medicines, while working collaboratively to solve this public health challenge.” The company added that it is promoting doctor education on safe prescribing guidelines and ensuring law enforcement access to naloxone, an antidote to opioid poisoning.
“Responsibly used opioid-based pain medicines give doctors and patients important choices to help manage the debilitating effects of chronic pain. At the same time, we recognize opioid abuse and addiction is a serious public health issue that must be addressed,” wrote Janssen Pharmaceuticals spokesperson William Foster. “We believe the allegations in lawsuits against our company are both legally and factually unfounded. Janssen has acted in the best interests of patients and physicians with regard to its opioid pain medicines, which are FDA-approved and carry FDA-mandated warnings about possible risks on every product label.” He added that Janssen’s drugs have had some of the lowest rates of abuse.
“At Endo, our top priorities include patient safety and ensuring that patients with chronic pain have access to safe and effective therapeutic options,” wrote Endo Senior Director of Corporate Affairs Heather Zoumas Lubeski. “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.”
So far, Buffalo County has not joined its neighbors in suing. In Minnesota, the Olmsted County Board recently agreed to join litigation against opioid manufacturers; the Winona County Board has not discussed it. -
Cascade County Commission votes to join opioid litigation
Nov 28, 2017 | Great Falls Tribune (MT)
By Traci Rosenbaum
Cascade County Commissioners voted Tuesday to retain the services of Simon Greenstone Panatier Bartlett, PC, to represent Cascade County in litigation against multiple drug manufacturers accused of fraudulently marketing their products and downplaying their addictive effects.
In October, President Donald Trump declared the opioid crisis a nationwide public health emergency, and Tuesday's retention of representation is a result of county officials learning that numerous counties and states across the country have filed or intend to file lawsuits against certain opioid manufacturers to help recoup the costs associated with opioid overuse and abuse in those areas.
"Cascade County has spent unexpected and unbudgeted time and resources in its programs and services related to the opioid epidemic," said Carey Ann Haight, chief civil deputy for Cascade County Attorney. "All sums that Cascade County expends in addressing, combating and otherwise dealing with the opioid epidemic are sums that cannot be used for other critical programs and services."
Montana has already seen a major court case involving opioid-related death in Ravalli County as Dr. Chris Christensen was recently convicted of overprescribing prescription painkillers resulting in the deaths of two of his patients.
Haight said the litigation would be pursued against companies in violation of the Montana Controlled Substances Act, Montana Food, Drug and Cosmetics Act and other law violations associated with "the fraudulent marketing and sales of highly-addictive opiate-derived painkillers for purposes for which they are neither safe nor effective."
Attorney Ben Snipes of the local firm Kovacich Snipes, PC, spoke in favor of the motion as one of many Montana law firms representing the interests of their counties in the matter.
"Hopefully, we're trying to put together an agreement here where we can pursue claims on behalf of Cascade County," said Snipes. "As we sit here today, the Gallatin County Commissioners are also meeting on the same retention agreement."
Snipes told the Tribune on Tuesday his firm will work closely with agencies, such as law enforcement, coroners and health care providers, to determine what level of damages they will claim in court. He expected that work to begin in the coming weeks after the case is filed.
Although a similar motion appeared on the Nov. 21 Gallatin County Commission meeting agenda and was discussed, a vote on the motion was delayed, and it did not reappear on the Nov. 28 agenda. Law firms in other metropolitan regions, including Yellowstone and Missoula counties, have been in contact with their local governing bodies regarding possible involvement in the case.
According to the Montana Department of Public Health and Human Services, drug overdose deaths are the third leading cause of injury-related death in Montana.
In a report released in September, the state attorney general’s office said opioids are the most common substance associated with drug poisoning deaths, accounting for 42 percent of all deaths in the category during 2013 and 2014.
Since 2000, the rate of prescription drug overdose deaths has doubled, with more than 700 deaths from prescription opioid overdose alone. The cost of opioid deaths in Montana is an estimated $1.4 million each year, according to the attorney general's report.
Snipes cited the additional strain on judicial, law enforcement, first responders, treatment, rehabilitation and intervention services as some of the effects of the opioid crisis and blamed deceptive marketing practices over the last two decades by several drug manufacturers for the current levels of opioid addiction and death.
"Judicial and healthcare resources are being taxed, and now we're left with a scenario where we've got a lot of addicted folks in Cascade County, many of which can be low income," said Snipes. "They need help and assistance, and unfortunately they turn to our county for the resources to do that."
Commissioner Jane Weber also assured the public that there will be no up-front costs for Cascade County associated with this motion.
"It's a contingency basis where the county is not up-fronting any money," she said. "The law firm is taking that role on. If there is recovery, then the law firm would be paid and then the county would receive a portion of the recovery."
If the litigation is unsuccessful, Snipes — who along with his firm's partner, Mark Kovacich, hails from Great Falls — said the county would not be responsible for any costs. Snipes said it was a "distinct honor" to represent the county's interests in the case against misleading manufacturers.
"In teaming up with some of the best lawyers in this state and nationwide, we're hoping that we can represent Cascade County in an effort to get some resources in the form of damages to address this problem," Snipes said.
The city of Great Falls will vote on Dec. 5 on whether to retain Snipes' firm and join the effort, Snipes said.
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Commission approves possible litigation for opioid suit
Nov 29, 2017 | The Enterprise Ledger (AL)
By Leah Lancaster
At its regularly scheduled meeting on Monday, Nov. 27, the Coffee County Commission approved a resolution authorizing an agreement with Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor law firm to investigate and represent the county in a multi-state opioid suit.
According to County Administrator Rod Morgan, the current opioid crisis in the United States is a problem in many communities and certainly impacts Coffee County with regards to expenses incurred with law enforcement and the county jail. Morgan stated that there are a number of states, cities, and counties that are considering litigation against the manufacturers and distributors of these opioid medications as a result of the drugs’ negative impact. The Commission discussed the possibility of looking into and potentially pursuing litigation themselves at their last work session, but the unanimous vote appears to indicate that the county is prepared to file suit if necessary.
A second resolution authorizing the selected law firm and its local liaison, Dale Marsh, to file suit against the opioid manufacturers and distributors was also passed unanimously.
Other items discussed:
* A resolution modifying the observance of the Christmas holidays this year was passed; since Christmas falls on a Monday, Friday, Dec. 22 will be observed as Christmas Eve as per the handbook stipulations.
* A resolution canceling the regularly-scheduled commission meeting for Monday, Dec. 25 was passed unanimously.
* The Coffee County Residential Collection service for the weeks of Dec. 25 and Jan. 1 will shift since both holidays fall on Monday. Currently residential collection operates on a Monday through Thursday schedule; however, for both of the weeks mentioned, it will shift to a Tuesday through Friday schedule. Ultimately for those two weeks, all residents’ collection will shift to one day later in the week, with normal operations to resume starting the week of Jan. 8.
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Houston County takes first steps in battle over opioid epidemic
Nov 28, 2017 | WTVY (AL)
By Nicholas Phillips
The Houston County Commission has entered into an agreement with a local law firm should major drug companies be sued for damages relating to the opioid crisis.
Many counties across the country have filed suit against pharmaceutical companies.
Houston County picked Prim & Mendheim to represent them if a settlement is reached in a future lawsuit.
This step doesn’t necessarily mean Houston county will join any of the cases.
The move just makes it so that if a settlement is reached the law firm would go to bat for the county, making sure if funds become available, Houston County would get a share.
Those possible settlement funds would go towards things such as awareness programs and helping law enforcement.
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Grand Traverse, Leelanau Counties Explore Entering Into Lawsuit Against Opioid Manufacturers
Nov 28, 2017 | Michigan News 26 (MI)
By Remington Hernandez
Two local counties are exploring entering into a lawsuit against opioid manufacturers and distributors.
The board of commissioners in Grand Traverse County and Leelanau County have made the lawsuit part of the agendas in their most recent meetings.
The lawsuit seeks to have the opioid companies foot the bill for costs such as drug-related autopsies, addiction treatment programs, and potential court fees in opioid cases.
Grand Traverse County has already decided that they will bring in Weitz & Luxenberg, Sam Bernstein Law Firm, and Smith and Johnson Attorneys as special counsel.
The board of commissioners says the law firms will represent the interests of Grand Traverse County in any litigation relating to opioids.
In Leelanau County, the board of commissioners decided to get in contact with the law firms to further explore the possibility of legal action.
They’re set to discuss that at their December 12th meeting.
Several counties and municipalities across the country have entered into lawsuits against opioid manufacturers in response to the ongoing epidemic.
Those communities say fighting the epidemic can cost taxpayers thousands of dollars.
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County agrees to attorney’s proposal on opioid case
Nov 28, 2017 | Morrison County Record (MN)
By Tyler Jensen
County Attorney Brian Middendorf now has the go-ahead from the Board of Commissioners to retain attorneys for a lawsuit against opioid manufacturers and distributors.
The agreement was approved unanimously at Tuesday’s meeting.
Middendorf said that even in the week since he had briefed the Board on the proposal, updates on the crisis have only gotten worse.
The White House Council of Economic Advisers released a study Monday that said the cost of the epidemic is more than $500 billion.
“That’s the cost, half a trillion dollars. The question is, ‘Who pays for that?’” Middendorf asked.
He said the cost is typically picked up by state and county taxpayers.
So, Middendorf recommended Morrison County join more than 60 other government agencies pursuing litigation against opioid manufacturers and distributors for allegedly falsely marketing the drugs as safe and non-addictive and delivering more drugs than was responsible to certain areas.
Under the agreement with the law firms Lockridge Grindal Nauen and Gustafson Gluek, the law firms would cover the expenses until a potential settlement or monetary award was given, at which point they would take money to cover their fees and a percentage of the award, which has been said to be around 25 percent, Middendorf said.
The rest could be used by Morrison County to help cover the costs its had in regard to the epidemic.
"Any relief obtained would directly serve Morrison County and its residents,” Middendorf said.
If there is no relief for the county, then the law firm would not be paid, Middendorf said.
Commissioner Mike LeMieur said while the county doesn’t want to do this, it has to.
“This isn’t something we want to do, but something needs to be done. Our kids are dying. This might just be a shot across the bow, but at least we’re going in the right direction,” LeMieur said
He said this is not just a Morrison County problem, it is affecting everyone in Minnesota from Hennepin to Mille Lacs, and is costing a lot of money for law enforcement, social services, medical services and more to try and deal with it.
Commissioner Mike Wilson compared it to the lawsuits filed against tobacco companies by states, where it seemed as though that was what got the companies to change how they did business.
While the county can now retain attorneys for this issue, Middendorf said this vote does not mean the county will immediately file a lawsuit against the companies.
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Nov 29, 2017 | Pittsburgh City Paper (PA)
By Ryan Deto
In October, Beaver County officials filed a lawsuit against a dozen pharmaceutical companies, alleging they blatantly overprescribed painkillers and worsened the region’s opioid crisis. According to the complaint, opioid prescriptions quadrupled, starting in the early 2000s, and as a result, pharmaceutical companies made billions in profits. Beaver County officials say the opioid epidemic is costing them millions in emergency services, while also taking hundreds of lives. In 2016, Beaver County lost 102 people to overdoses and Allegheny County had a record 650 overdose deaths.
The lawsuit came on the heels of an investigation from The Washington Postand 60 Minutes outlining the influence “Big Pharma” has had on the federal government. Robert Peirce, the attorney representing Beaver County, told the Pittsburgh Post-Gazette in October, “They can buy the feds, maybe, but they can’t buy the local communities.”
City Paper sought to determine just how much in campaign contributions these pharmaceutical companies have donated to area politicians. It turns out that Western Pennsylvania politicians have received hundreds of thousands in campaign donations from pharmaceutical companies.
Using the National Institute on Money in State Politics campaign-finance-tracking website, followthemoney.org, CP counted all post-2000 donations from the following companies named in the Beaver County lawsuit: Purdue Pharma, Teva Pharmaceuticals, Cephalon, Johnson & Johnson, Janssen Pharmaceuticals, Endo Health Solutions, Allergan, Actavis, Watson Pharmaceuticals, McKesson, Cardinal Health and AmerisourceBergen. It should also be noted that former U.S. representatives Jason Altmire (D-McCandless) and Tim Murphy (R-Upper St. Clair) received tens of thousands of dollars in donations, but weren’t included since they no longer hold elected office.
1. U.S. Sen. Pat Toomey (R-Lehigh) — $55,500
Toomey received the most campaign donations from the companies of any politician representing Western Pennsylvania. Toomey’s commitment to tackling the opioid crisis was called into question in June, when he worked on the Senate Republicans’ attempt to repeal the Affordable Care Act. Toomey’s proposal only allocated $2 billion a year to combat the opioid epidemic, even as experts said the crisis would likely cost $19 billion a year.
2. U.S. Sen. Bob Casey (D-Scranton) — $52,000
Casey came in second on the list, but it should be noted that he has served four years longer than Toomey. And, he has authored several bills to increase funding and provide additional structures to combat the opioid epidemic. But Casey doesn’t support a single-payer health-care system, which would likely give the government more control of health care and could disrupt the influence pharmaceutical companies have on the industry.
3. U.S. Rep. Mike Kelly (R-Butler) — $22,250
The 3rd District congressman has been a staunch opponent of the ACA since he came into office in 2011. Kelly voted for the U.S. House ACA repeal in May, which proposed kicking 14 million people off Medicaid. Harvard University health-care policy experts say 1.84 million people currently receive substance-abuse treatment through Medicaid or the ACA marketplace.
4. State Sen. Joe Scarnati III (R-Brockway) — $19,100
Scarnati may reside on the edges of Western Pennsylvania in Jefferson County, but the large donations made to him were notable. Scarnati received the most cash of any Pennsylvania state representative, and he is the state senate’s highest ranking Republican member.
5. U.S. Rep. Mike Doyle (D-Forest Hills) — $15,500
Pittsburgh’s U.S. rep received less than other Western Pennsylvania reps like Murphy and Kelly, but more than others in the state. Doyle has been an outspoken critic of Republicans’ attempts to repeal the ACA, and has supported a single-payer health-care bill since 2005.
6. State Rep. Mike Turzai (R-Marshall) — $11,650The most powerful Republican in state government has been building a campaign war chest for years, while taking significant cash from companies accused of worsening the state’s opioid epidemic. This month, Turzai announced he is running for governor. He has repeatedly said that the opioid crisis is a priority, but has indicated that solutions should not include an increase in state spending.
7. State Rep. Matt Baker (R-Tioga) — $5,950
Baker’s district is outside of Western Pennsylvania, but his role in the state house warranted an inclusion. Baker chairs the house’s health committee, which is often where opioid-related bills are first introduced and discussed. He also received the most individual donations (12) of any politician on the list.
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Jim Renacci says suing drug manufacturers over opioid epidemic isn't part of the solution
Nov 28, 2017 | Cleveland.com (OH)
By Seth A. Richardson
U.S. Rep. Jim Renacci, a Republican from Wadsworth running for governor, said Tuesday that suing drug manufacturers over the opioid epidemic was not a solution to the ongoing drug problem in Ohio.
VIDEO: https://www.youtube.com/watch?time_continue=957&v=nXGsnb80128
Several localities as well as Attorney General Mike DeWine - another Republican candidate for governor - have sued drug companies, accusing them of lying about the addictive nature of opioids to get doctors to prescribe the pain medications. The suits have mostly broad bipartisan support.
But Renacci said during a speech at the City Club of Cleveland that suing the drug manufacturers wouldn't alleviate the problem.
"If you don't like the drug situation and say, 'Well I'm going to sue the drug manufacturer,' well the next time if there's a car accident, are you going to sue the car manufacturer? The next time someone uses a gun, are you going to sue the gun manufacturer?" Renacci said. "The answer isn't in suing the manufacturers. The answer is to really get to the core of the problem and to talk to the people who have been associated with those problems."
Instead, Renacci said the state should focus on education, harsher penalties for drug dealers and community solutions through local organizations and churches.
"That's a waste. That's a case that will be years and years down the road," Renacci said. "I'm not too sure there's a winning argument there."
DeWine's lawsuit against opioid manufacturers, filed in June, relies on the idea that the drug companies lied about how addictive opioids were to doctors, thus causing an increase in prescriptions.
Ohio's opioid lawsuit against 5 pharma companies: 6 things to know
One of the most common ways people become addicted is through a legal prescription. A patient becomes hooked on the legal drug and eventually searches illegal means to acquire it, sometimes graduating to other drugs like heroin in the process.
The opioid suit is similar to the Tobacco Master Settlement Agreement, a deal between the tobacco companies and 46 states that exempted the companies from liability in exchange for funding for health programs and awareness campaigns.
State attorneys general sued the tobacco companies for lying about the addictive qualities of nicotine as well as the health hazards related to smoking. They sought the recovery of Medicaid expenses in return.
The deal was reached in November of 1998, with the states guaranteed more than $200 billion over the next 25 years, as well as further payments in perpetuity.
The opioid lawsuit in Ohio - as well as several other states - bears similarities to the tobacco settlement, with the state seeking damages for the cost of addiction prevention and treatment.
"Our lawsuit speaks for itself," said attorney general spokesman Dan Tierney.
Renacci did not say if he felt manufacturers have the same amount of fault as street drug dealers, who he said needed harsher punishments. He also declined to say whether Ohio should pull out of the current suit, or if as governor, he would suggest the attorney general do so.
"I would want to make sure our attorney general is doing everything he can to make sure drug dealers are not back on the streets, which is a major issue for me," he said.
Former U.S. Attorney Steve Dettelbach, a Democrat running for attorney general, praised DeWine's suit and said he would continue it should he win the office. His opponent, Republican Auditor Dave Yost, told cleveland.com in early November if there is proof of deceit on the part of the drug companies, he would continue the suit as well.
More than 4,000 people in Ohio died of opioid overdoses in 2016, with about 28 percent of those deaths occurring in Northeast Ohio.
Renacci's message on the drugs thus far has been mostly economic. In several appearances, he's questioned the validity of drug education and instead said the best way to combat the problem is strengthening the economy so people have jobs and don't turn to drugs.
Renacci has also called for an end to the Medicaid expansion under the Affordable Care Act, some of which goes toward treatment and prevention.
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Opioid epidemic weighing heavy on local governments
Nov 29, 2017 | WXYZ Detroit (MI)
By Matthew Smith
It’s hard to wrap your head around the impact of the opioid epidemic. Neighbors, family members and strangers fall victim to addiction daily — new numbers show that the impact topped $500 billion this past year, but on a local level those numbers are costly.
Over the past several months, a number of lawsuits have been filed against opioid manufacturers and distributors. It may seem like a strange move at first blush, but the reality is that local governments are hemorrhaging money and many are now turning to lawsuits as a new strategy.
The cost to fight the war on drugs locally includes the budget of local law enforcement and local jails, it also affects community mental health budgets and the foster care community due to children with addicted parents. One lawyer noted that when you really start to drill down on the affects of opioids in metro Detroit you don’t have a thread, but an entire net capturing various aspects of life: schools, businesses, and churches are also affected either directly, or indirectly due to costs.
These lawsuits are not necessarily meant to collect money — though compensation will be a piece of the lawsuit — it’s also a way to make manufacturers and distributors stop procedures that may lead to the ballooning epidemic.
Macomb County is expected to announce a lawsuit in the coming weeks, though the lawyers who have been working on the litigation for months will admit it’s unlikely that a decision would come in the short-term.
Others are stepping up to be part of the fight — in Macomb County the Family Against Narcotics (FAN) group has filled a huge gap.
Judge Linda Davis started the program and noted that since February the group has helped place more than 660 people into treatment.
Right now, a big part of FAN’s work is the “Hope Not Handcuffs” program. To date, more than 30 police departments and the Macomb County Sheriff’s Department is involved. They also have more than 250 angel volunteers, workers who will arrive at local police stations and work to get addicts into treatment — the program is essentially an open invitation to anyone struggling with addiction to show up without fear of arrest. Instead of handcuffs, they'll find a treatment facility to help them -- a testament to how many drug cases police are now stumbling across.
FAN is also looking to start a housing program, and to get involved in foster care situations, as Davis explained to 7 Action News the need is great.
“We’re even working with a company that has 400 spots that they’re willing to work with drug court participants,” said Davis.
Drug court is another option for many who need help — in many cases, Judge Davis said people don’t realize that the help is there for those who’ve fallen victim to addiction.
Anthony Mattarella is a prime example of how drug court can change your life. He credits an arrest in Utica with saving his life — he told 7 Action News his addiction started after a broken bone when he was 15-years-old, by the time he was arrested he was stealing to make enough cash to buy heroin. Heroin is cheaper, and at that point in his life Mattarella was simply looking for a high.
“I believe I would be dead,” said a serious Mattarella when asked where he’d be if it wasn’t for that arrest.
He’s flipped his life around — he’s now an intern with hopes of becoming a paralegal, he’s engaged to be married, and he’s now helping as a volunteer to talk to addicts as an “angel.”
His story is one of many, and they don’t all make a turn for the better. Mattarella came from a typical Rockwell-esque family: a two-parent household with a sibling and no real troubles. The opioid epidemic still hit home, now his family works as advocates to help others.
“You’re not even aware of it becoming a problem when you’re using it,” said Mattarella. “In the beginning things are good because of the drug. Slowly it takes a turn for the worse.”
Individual success stories are great, and FAN is working to create more of them — but most will note it will take a multi-pronged strategy to solve the issue at han.
Rebecca Haffajee, an assistant professor of health management at the University of Michigan, noted that roughly 1,500 bills have led to roughly 500 pieces of legislation — but said more needs to be done if we expect real change.
“If we cut access off and patients are addicted, where are they going?” she said.
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Former DEA officials call for repeal of law that weakened enforcement
Nov 28, 2017 | The Washington Post
By Lenny Bernstein
Three former Drug Enforcement Administration officials urged Democratic lawmakers Tuesday to repeal a 2016 law that effectively took away the agency’s most potent weapon against distributors and manufacturers of prescription opioids.
The trio said the authority to instantly freeze shipments of powerful painkillers was the DEA’s most effective tool against giant companies that ignored legal requirements to report suspicious orders of the pills by pharmacies, doctors and others who diverted them for illegal use. Those “immediate suspension orders” not only protected the public from the most egregious abuse but deterred other companies as well, they said at a session held by Senate Democrats.
“It’s not just about stopping the individual [companies], it’s about showing that we’re out there doing that,” said Jonathan P. Novak, a former DEA lawyer now in private practice.
In a joint investigation published Oct. 15, The Washington Post and “60 Minutes” described how drug distributors worked with a handful of lawmakers at the height of the opioid epidemic to push through a law that stripped the DEA of its most feared weapon. The reports also said that a drug company lawyer who previously worked for the DEA helped write an early version of the law.
By changing a few words in the law that governs drug distributors’ responsibilities, Congress virtually eliminated the DEA’s authority to use immediate suspension orders, according to a law review article written by DEA Chief Administrative Law Judge John J. Mulrooney II.
“This bill basically tore the heart out of the diversion program,” Frank Younker, a former supervisor in the DEA’s Cincinnati field office who retired in 2014, told senators Tuesday. Younker and the other two speakers at Tuesday’s session were quoted in the Post and “60 Minutes” reports.
The effort to change the law was led by Rep. Tom Marino (R-Pa.) and Sen. Orrin G. Hatch (R-Utah). Hatch has noted that the law was approved by unanimous consent in both houses of Congress and signed by President Barack Obama, and that the DEA ultimately agreed to compromise language in the bill.
Two days after the reports, Marino withdrew his name from consideration to head the White House Office of National Drug Control Policy. Democratic lawmakers, 44 state attorneys general and the association that represents drug manufacturers, among others, have since called for the law’s repeal.
But prospects for repeal appear bleak. Sen. Claire McCaskill (Mo.), the ranking Democrat on the Senate Homeland Security and Governmental Affairs Committee, who convened Tuesday’s “roundtable” session, noted that no Republicans have signed on to her repeal bill. No Republican senators attended Tuesday’s session. Sen. Charles E. Grassley (R-Iowa) has promised a hearing on the law, but it has not been scheduled.
McCaskill also said Tuesday that she was “bitterly disappointed” that the DEA refused to allow Mulrooney to appear.
Nearly 200,000 people died from overdoses of prescription opioids between 2000 and 2016. The Post reported last year that 13 drug distributors — including three companies that control 85 percent of all drug commerce in the United States — knew or should have known that hundreds of millions of painkillers were being diverted to the black market.
On Tuesday, Joseph T. Rannazzisi, who for a decade ran the DEA office that attempted to control illegal diversion, traced the agency’s capitulation on the 2016 law to the arrival of a new administrator, Chuck Rosenberg, in 2015. Rosenberg soon replaced Rannazzisi, who retired in October of that year. Rannazzisi said that during his tenure, the DEA strongly opposed the legislation.
“I’ve listened to members of Congress say DEA had the opportunity to oppose the bill but didn’t. This is very misleading,” he said.
Rannazzisi noted that while investigators have used immediate suspension orders for nearly five decades, they have been successfully challenged only five times.
All three speakers said morale and effectiveness have plummeted in DEA field offices as investigators have felt the impact of the law and a slowdown in enforcement by DEA lawyers. Younker said field personnel are now trying to handle cases themselves rather than overcome those obstacles.
“Reinstate the immediate suspension orders,” Novak said. “I think the DEA needs to get back on its feet and start enforcing.”
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Nov 28, 2017 | WMSN (Fox)
By Madison, WI
Video Link: http://app.criticalmention.com/app/#clip/view/31042311?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Rough Transcript: 20 more wisconsin counties have filed suit against major pharmaceutical companies... accusing them of causing the nation's opioid epidemic. they join more than two dozen others who filed a lawsuit earlier this month. the counties allege makers of prescription painkillers, including johnson andjohnson, engaged in deceptive marketing campaigns to sell their products. locally, dodge, marquette, adams, columbia, iowa, and jefferson counties are now all involved.
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Nov 28, 2017 | WISC (CBS)
By Madison, WI
Video Link: http://app.criticalmention.com/app/#clip/view/31042306?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Rough Transcript: another 20 wisconsin counties have filed lawsuits accusing pharmaceutical companies of causing the nation's opioid overdose epidemic. the counties' lawsuits announced today are similar to the complaints filed earlier this month by 28 other counties in the state. they allege that the makers of prescription painkillers engaged in deceptive marketing campaigns to sell their products. named in the complaints are purdue pharma, johnson & johnson, endo health solutions, inc., and subsidiaries of the companies.
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Nov 29, 2017 | KBZK (CBS)
By Bozeman, MT
Video Link: http://app.criticalmention.com/app/#clip/view/31042331?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Rough Transcript: gallatin county commissioners are taking a close look at filing a lawsuit against big drug makers. some other counties in montana have already launched action to suethose 8:57 AMmanufacturers for abuse of opioid drugs. commissioners said this week that in addition to all the other problems opioid abusecauses, it s very costly for tax payers. ### a new feature at the sunset hills cemetery will be unveiled today (wednesday) . it will help families locate their veterans.. from the more than 2-thousand 400 vets who rest there. american legion post 14 raised funds to purchase a kiosk...os that will allow easy access to directions to graves.. or the location of a name on the vietnam wall. aside from veterans... more than 16-thousand people areburied in the cemetery. some records of those buried osthere...ate back more than 150 years. ### and here are a few things to know before you go today... new findings from johns hopkins university show doctors who prescribed large volumes of opioids are not the only drivers of the nation s opioid epidemic.reioarchers found a wide range of doctors from primary care to surgeons pl play a role. they also found opioid shoppers who obtain prescriptions ommultiple doctors and pharmacies are not the most common users.
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Nov 29, 2017 | WDJT (CBS)
By Milwaukee, WI
Video Link: http://app.criticalmention.com/app/#clip/view/31042351?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Rough Transcript: 20 more wisconsin counties are suing over the opioid epidemic. kenosha and dodge counties are on the latest list of counties taking legal action against big drug companies. 3 3 earlier this month... 28- counties - indluding washington and fond du lac - filed a suit accusing the companies for using deceptive marketing. it claims they tried to create the false perception that using opioids to treat chronic pain was safe for most patients... and that the benefits of the drugs out- weighed the risks.
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Nov 29, 2017 | WITI (Fox)
By Milwakee, WI
Video Link: http://app.criticalmention.com/app/#clip/view/31042357?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Rough Transcript: another 20 wisconsin counties - file suit acusing pharmaceutical companies of causing the nation's opioid overdose epidemic. the new lawsuits are similar to the complaints filed earlier this month by 28 other counties in the state- including milwauke. they allege that the makers of prescription painkilers engaged in deceptive marketing campaigns to sell their products. all of the companies named in the complaints have denied the allegations..the lawsuits sek unspecified monetary damages from the companies.
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Nov 29, 2017 | WPXI (NBC)
By Pittsburgh, PA
Video Link: http://app.criticalmention.com/app/#clip/view/31042366?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Rough Transcript: opioid epidemic has cost the state.the number comes from productivity lost from health care costs, police, courts, and jails.nearly 900 people died from an overdose in the state last year. more than a dozen west virginia counties are suing drug companies to pay for the opioid epidemic.a panel of judges still needs to decide if it will go forward as one lawsuit, or individually by county. we've been telling you that westmoreland county has filed a similar lawsuit.the county approved hiring two law firms earlier this month to prepare the case.county leaders say they've spent about 19-million dollars in tax money to battle the opioid epidemic.
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Nov 28, 2017 | WMC (NBC)
By Memphis, TN
Video Link: http://app.criticalmention.com/app/#clip/view/31042407?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Rough Transcript: shelby county commissioner heidi shafer has delivered a letter to shelby county mayor mark luttrell over his veto concerning the opioid lawsuit. the letter says in part: still "we respectfully urge you t stand with the shelby county board of commissioners to provide relief and support to our citizens suffering from the opioid epidemic. by directly seeking redress from the opioid manufacturers and distributors to fund the costs of implementing programs, we are acting in the county's best interest." still it goes on to say "moving forward, rather than continuing to delay the opioid litigation, i would encourage you to work with the board of commissioners to make the opioid manufacturers and distributors pay for the damage they have caused to the citizens and taxpayers of the county."
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Nov 28, 2017 | WWL (CBS)
By New Orleans, LA
Video Link: http://app.criticalmention.com/app/#clip/view/31042409?token=8c04f9c6-5dca-4ac6-a5b9-745ee937a836
Rough Transcript: Tomorrow, the city of new orleans will consider following other parishes in filing suit against other drug companies, the lawsuits, including one filed by the state, claim they have flooded the state of louisiana with opioids to boost their profits. >> reporter: the opioid addiction epidemic is hitting the bottom line of federal, state and local governments. this parish is one of many. >> we do the death investigations, of these overdoses, those numbers have skyrocketed for us in the last few years. for doctor jerry santana ditch -- stanovich. >> it hits us at multiple locations. >> reporter: it pales in comparison to the tremendous cost of healthcare, ems, judicial system, police, who 7:01 PMare not being trained to give narcan, the medication that can give someone who is -- who has overdosed breathe again. >> it is not cheap, the cost is huge, then they have to write reports, every time there is an overdose death, the police are there. port -- for he is not confident -- >> reporter: he is not confident that they will be reimbursed. legal experts say there are challenges to winning. >> the states have been successful in things like the tobacco litigation, but unsuccessful in other cases such as those involving gun manufacturers. >> reporter: it may help that other states are suing to -- suing, too. >> it puts a lot of pressure on the pharmaceutical companies. >> there is a whole lot of blame to go around, i just wanted to stop. >> reporter: eyewitness news. >> tomorrow, a committee will look at proposals from long firms -- law firms who are interested in taking up a case on behalf of the city of new orleans, in response to the story, the pharmaceutical research and manufacturers of america say they are working to address the opioid cris with lawmakers.>>>
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