Preview Newsletter
Opioid Litigation Daily Media Report - 12/11/17
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York County files lawsuit against the opioid industry: Report
Dec 11, 2017 | PennLive (PA)
By Joe Elias
York County has filed suit against two dozen drug companies and drug distributors, blaming each for the opioid crisis, according to a court records. -
York County files suit against drug manufacturers, distributors
Dec 8, 2017 | Fox 43 (PA)
By Staff
In a 252-page complaint, York County has filed suit against 24 drug manufacturers and distributors. -
York County to sue 25 opioid manufacturers, distributors
Dec 8, 2017 | York Dispatch (PA)
By Staff
With opioid overdose deaths skyrocketing even higher as 2017 comes to a close, York County will sue more than two dozen drug companies that "have intentionally misled the public about the dangers of opioids." -
York County to sue drug manufacturers, distributors for role in opioid epidemic
Dec 8, 2017 | York Daily Record (PA_
By Gordon Rago
In a lawsuit as thick as a phone book, York County outlined its claims that more than two dozen opioid manufacturers and distributors publicly misrepresented the dangers of the drug. -
LOGAN COUNTY JOINS LAWSUIT AGAINST OPIOID MANUFACTURERS, DISTRIBUTORS
Dec 9, 2017 | Bellafontaine Examiner (OH)
By Reuben Mees
Logan County is looking to hold pharmaceutical drug manufacturers and wholesale distributors accountable for the opiate crisis that plagues the local community. -
Sioux County Joins Opioid Lawsuit Against Big Pharma
Dec 8, 2017 | KIWA (IA)
By Scott V
One area county has joined a federal class-action lawsuit, hoping to recover some damages. -
Berkeley Joins Suit Vs. Pharma Companies
Dec 11, 2017 | Jersey Shore Online (NJ)
By Chris Lundy
Township officials announced they will be joining the list of municipalities suing pharmaceutical companies for creating the conditions that have led to an opioid epidemic. -
County files lawsuit over opioid drug crisis
Dec 8, 2017 | The Gazette (MN)
By Jonathan Yound
Last year, 395 people died of opioid drug overdoses in Minnesota, according to the state Department of Health. About half of those deaths involved prescription drugs. -
Clark County Suing Opioid Manufacturers
Dec 8, 2017 | Las Vegas Patch (NV)
By Lucas Thomas
Clark County is taking action against Big Pharma in a lawsuit filed in district court on Thursday that aims to recover damages lost in southern Nevada's version of the nationwide opioid epidemic. -
Racine County looks to join opioid lawsuit
Dec 11, 2017 | The Journal Times (WI)
By Ricardo Torres
Racine County will be joining a lawsuit filed by dozens of Wisconsin counties against pharmaceutical companies, pending County Board approval. -
Onslow Co., Jacksonville to sue pharmaceutical companies over opioid crisis
Dec 11, 2017 | WNCT (NC)
By Elizabeth Tew
Communities across the East have been fighting the opioid epidemic at hospitals, through emergency services and also law enforcement. Now Onslow County and the City of Jacksonville are fighting back with lawsuits aimed at drug manufacturers. -
Sedgwick County Opens Door For Potential Lawsuit Against Opioid Distributors
Dec 8, 2017 | KMUW (KS)
By Nadya Faulx
Sedgwick County is considering filing a lawsuit against manufacturers and distributors of opioids. -
Jefferson County could file opioid lawsuit
Dec 8, 2017 | Herald-Star (OH)
By Mark Law
The Jefferson County commissioners on Thursday agreed to hire outside legal counsel to pursue a possible lawsuit against the manufacturers of opioid prescription painkillers. -
Escanaba may join lawsuit against drug companies
Dec 8, 2017 | Daily Press (MI)
By Jenny Lancour
The Escanaba City Council is considering whether or not to join a class-action lawsuit against manufacturers of opioids in an effort to do something about the national drug problem that also has a major presence in the local community. -
Combining opioid suits (EDITORIAL)
Dec 10, 2017 | The Daily Independent (KY)
By Staff
Hundreds of attorneys met before a federal litigation board in St. Louis last week to discuss ways of expediting the cause and speed of justice by reducing the about 150 lawsuits filed nationwide accusing several major drug manufacturers of fueling the opioid epidemic that is threatening to destroy area communities. -
Mentkowski: Opioid Cases Consolidated Into MDL
Dec 11, 2017 | WorkCompCentral
By Timothy S. Mentkowski
After considering a motion brought by the plaintiffs in 46 actions pending in nine federal districts across the country, the Judicial Panel on Multidistrict Litigation (MDL) entered an order on Tuesday, transferring those actions to the Northern District of Ohio for coordinated or consolidated pretrial proceedings -
Meet the ‘catalyst’ behind the opioid lawsuits
Dec 11, 2017 | Minnesota Lawyer (MN)
By Kevin Featherly
Tenacious prosecutor Orput’s advocacy came at steep emotional price -
McKesson Records Show Failed Opioid Oversight, Lawsuit Says
Dec 8, 2017 | Bloomberg
By Anders Melin & Jef Feeley
McKesson Corp.’s board failed to audit the company’s system to spot suspicious shipments of opioid-based painkillers even after agreeing to do so as part of a settlement, according to a summary of board minutes unsealed Friday in a shareholder lawsuit. -
Our view: Yadkin fights opioids (EDITORIAL)
Dec 10, 2017 | Winston-Salem Journal (NC)
By Editorial Board
As Yadkin County prepares a court case against drug manufacturers and distributors it thinks has contributed to the county’s opioid crisis, it faces an uphill battle. But good for county leaders for taking any action they can in this crucial fight against opioid abuse. -
Noted class action lawyer Edelson calls for big litigation to cure opioid epidemic, make 'big pharma' pay
Dec 9, 2017 | Cook County Record (IL)
By Michael Carroll
Asserting Congress and local governments either aren't doing enough or lack the resources to address the so-called opioid epidemc impacting communities of all kinds and sizes, the only way to effectively fund treatment and solutions is through litigation, a Chicago class-action attorney said. -
Danbury law firm joins movement vs. drug companies on opioids
Dec 10, 2017 | NewsTimes (CT)
By Julia Perkins
A Danbury law firm has joined a growing national effort punish the drug industry for its role in the opioid epidemic. -
ABC 7 News Weekend Edition
Dec 10, 2017 | KVII (ABC)
By Armadillo, TX
Video Link: http://app.criticalmention.com/app/#clip/view/31356863?token=03649139-d4de-447b-9957-23c8eff8b022 -
Issues and Insiders with Mark Kraham
Dec 11, 2017 | WDVM (WDVM)
By Washington, DC
Video Link 1: http://app.criticalmention.com/app/#clip/view/31356877?token=03649139-d4de-447b-9957-23c8eff8b022 Video Link 2: http://app.criticalmention.com/app/#clip/view/31356906?token=03649139-d4de-447b-9957-23c8eff8b022 -
This Week in Louisiana Politics
Dec 10, 2017 | WVLA (NBC)
By Baton Rouge, LA
Video Link: http://app.criticalmention.com/app/#clip/view/31356936?token=03649139-d4de-447b-9957-23c8eff8b022 -
News 8 Today/Weekend
Dec 9, 2017 | WGAL (NBC)
By Harrisburg, PA
Video Link: http://app.criticalmention.com/app/#clip/view/31356957?token=03649139-d4de-447b-9957-23c8eff8b022 -
9 On Your Side Weekend Edition I
Dec 9, 2017 | WNCT (CBS)
By Greenville, NC
Video Link: http://app.criticalmention.com/app/#clip/view/31356973?token=03649139-d4de-447b-9957-23c8eff8b022 -
KAKE News at 11:00am
Dec 8, 2017 | KAKE (ABC)
By Wichita, KS
Video Link: http://app.criticalmention.com/app/#clip/view/31356992?token=03649139-d4de-447b-9957-23c8eff8b022
York County, PA Suit
Litigation Coverage
Commentary and FYIs
Broadcast Media Coverage
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York County files lawsuit against the opioid industry: Report
Dec 11, 2017 | PennLive (PA)
By Joe Elias
York County has filed suit against two dozen drug companies and drug distributors, blaming each for the opioid crisis, according to a court records.
Among the 24 defendants named in the suit are four physicians, none from York County, according to a report from the York Daily Record.
The companies named in the lawsuit include Johnson & Johnson and Purdue Pharma, known for making OxyContin, according to the report.
County solicitor Glenn Smith filed the 244-page suit in county court on Friday, which blames "corporate greed" for the opioid crisis in the country.
"York County has been one of the hardest-hit communities in the state facing the escalating cost of combating the opioid epidemic," Smith told the YDR.
The claims the county has "been forced to expend exorbitant amounts of money" due to the crisis, according to the lawsuit.
The county has hire Napoli Shkolnik PLLC, a New York law firm representing more tan 70 municipalities that have file suit against pharmaceutical companies, according to the YDR's report.
York County is expected to pay nothing for the firm's legal services.
"If there is a resolution or agreement reached, the firm would take a percentage of the settlement," according to the report.
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York County files suit against drug manufacturers, distributors
Dec 8, 2017 | Fox 43 (PA)
By Staff
In a 252-page complaint, York County has filed suit against 24 drug manufacturers and distributors.
The complaint claims the defendants, four of which are out-of-state physicians, allegedly downplayed the risk of drugs, including oxycontin, fentanyl and percocet.
"This case is about one thing: corporate greed," the complaint read. "Defendants put their desire for profits above the health and well-being of the York County consumers as the cost of Plaintiff."
The York County Solicitor says if the county wins, the money received through the lawsuit would replace the funds that have gone towards the fight against the opioid epidemic.
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York County to sue 25 opioid manufacturers, distributors
Dec 8, 2017 | York Dispatch (PA)
By Staff
With opioid overdose deaths skyrocketing even higher as 2017 comes to a close, York County will sue more than two dozen drug companies that "have intentionally misled the public about the dangers of opioids."
York County Solicitor Glenn Smith announced Friday, Dec. 8, that the county is filing a 252-page complaint against 25 opioid manufacturers and distributors for downplaying the risks of using opioids, including Oxycontin, fentanyl and Percocet.
According to York County Coroner Pam Gay, 19 people died in November from suspected opioid overdoses — the highest number she's seen in a single month. In just the first five days of December, 10 people died from suspected overdoses, Smith said.
As of last week, the county had 93 confirmed heroin-related deaths and 35 suspected deaths in 2017 — that's 17 more confirmed deaths than last year's total of 76, 28 more than the 2015 total of 65 and 31 more than the 2014 total of 62.
"We believe the filing of this lawsuit is critical to ensure that York County's story is heard and the devastation it has endured — and will continue to endure — because of this opioid crisis is addressed by those responsible," Smith said.
No one in York County is immune from the "death, pain and suffering caused by this opioid epidemic," District Attorney-elect Dave Sunday said at the news conference.
People are turning to crime to fuel their opioid addictions, grandparents are raising their grandchildren "in circumstances they would have never imagined" and taxpayers are facing a "massive, massive financial burden" due to the actions of the opioid companies the county is suing, he said.
"My hope is that this lawsuit will, at the very least, mitigate this financial impact on our community and on our taxpayers and put a stop to these deceptive business practices that are affecting every York countian and decimating our community," Sunday said.
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York County to sue drug manufacturers, distributors for role in opioid epidemic
Dec 8, 2017 | York Daily Record (PA_
By Gordon Rago
In a lawsuit as thick as a phone book, York County outlined its claims that more than two dozen opioid manufacturers and distributors publicly misrepresented the dangers of the drug.
Among the lawsuit's 25 defendants are four physicians — none of them in York County, said county solicitor Glenn Smith in announcing the civil suit Friday at the Administrative Center.
"York County has been one of the hardest-hit communities in the state facing the escalating cost of combating the opioid epidemic," Smith said.
There's potential for a trial in the case to take place in York County because most of the companies are based in Pennsylvania and the lawsuit was filed here, Smith said, although it's unclear if the court proceedings will reach that point.
There was no amount of damages discussed by county officials on Friday.
York joins just three other Pennsylvania counties — Beaver, Luzerne and Delaware — to file a similar lawsuit.
"This will be a long, drawn out fight," Smith said of the lawsuit, telling reporters that it will come with little to no cost to taxpayers.
The county has retained a New York law firm, Napoli Shkolnik PLLC.
In September, Delaware County became the first in the state to file a similar lawsuit, naming 11 manufactures and their consulting doctors, according to a Philly.com report.
The lawsuit is a big move for a county that has seen heroin and opioid-related deaths steadily on the rise for the last several years.
Last month alone, 19 people died of suspected heroin or fentanyl deaths, an uptick that did not slow down this month. Since Dec. 1, the York County Coroner's Office has handled 10 such deaths, Coroner Pam Gay said on Thursday.
As of Friday, police officers in York County had saved 262 people with the opioid-antidote naloxone, said Dave Sunday, the county's District Attorney-elect.
If York were to win the lawsuit, officials said, they would use the money to expand treatment options for addicts and establish programs for early education.
"This is another way to try to make York County whole," Sunday said.
Sunday said the opioid epidemic has stretched thin the county's response to the deaths and assisting people who are addicted to heroin or prescription medications.
"Everybody is at the end of the rope with regard to the amount of resources that they're putting into this epidemic," he said. "If there were some deceptive business practices that took place, if the public was misled...a civil remedy for that should be explored."
York County joins a list of 41 attorneys general who said in September they had jointly filed subpeonas to major opioid distributors and manufacturers as they investigate how prescription drugs are marketed and distributed, as well as the impact it has had on the national opioid epidemic.
Other governments have taken similar steps.
The New Jersey Attorney General's Office this fall sued Purdue Pharma, the maker of OxyContin, also claiming it misled the public.
It's important for any drug companies that intentionally misled the public to be held accountable, said York County Coroner Pam Gay.
Her office has learned that most people who overdose and die of heroin or opioids like fentanyl were once prescribed a painkiller.
The county is also incurring costs related to the persecution of the individual drug dealers in each overdose death.
"The concern is, 'What do you do after a while?'" Gay said. "The county can only absorb so much."
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LOGAN COUNTY JOINS LAWSUIT AGAINST OPIOID MANUFACTURERS, DISTRIBUTORS
Dec 9, 2017 | Bellafontaine Examiner (OH)
By Reuben Mees
Logan County is looking to hold pharmaceutical drug manufacturers and wholesale distributors accountable for the opiate crisis that plagues the local community.
Commissioners and Prosecutor Eric Stewart announced this week they are joining with numerous other counties and municipalities across the United States in a multi-district lawsuit that has been filed in the federal court system.
“We all recognize the serious impact to our community’s service agencies, our law enforcement, the sheriff’s office and prosecutor’s office and the citizens themselves,” Commissioner John Bayliss said.
“We are aware of the impact the opiate crisis has had on our community, and this may be one step to address that problem,” commissioner Joe Antram added.
The remainder of this article is under paywall: http://www.examiner.org/news/90323-logan-county-joins-lawsuit-against-opioid-manufacturers-distributors
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Sioux County Joins Opioid Lawsuit Against Big Pharma
Dec 8, 2017 | KIWA (IA)
By Scott V
One area county has joined a federal class-action lawsuit, hoping to recover some damages.
The Sioux County Board of Supervisors recently signed on to join a lawsuit against pharmaceutical companies for damages caused by the opioid epidemic. The World Health Organization (WHO) says opioids are substances derived from the opium poppy or synthetic analogues with similar effects. Examples include morphine, heroin, tramadol, oxycodone (commonly sold under the trade names OxyContin and Percocet) and methadone. The WHO says opioids have the potential to cause substance dependence.
And that’s the start of the problem, according to Sioux County Board Of Supervisors Chair Mark Sybesma.
AUDIO LINK: http://kiwaradio.com/local-news/sioux-county-joins-opioid-lawsuit-against-big-pharma/
He tells us why the Board of Supervisors signed on.
He says while Sioux County is one of the first counties in Iowa to sign on, there are many counties in other states that are part of the class-action suit.
He says the Board of Supervisors passed it unanimously after it was well-explained, and Sybesma says he encourages boards of supervisors in other counties to do the same.
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Berkeley Joins Suit Vs. Pharma Companies
Dec 11, 2017 | Jersey Shore Online (NJ)
By Chris Lundy
Township officials announced they will be joining the list of municipalities suing pharmaceutical companies for creating the conditions that have led to an opioid epidemic.
The problem, officials have said, is that people get addicted to prescription painkillers. Then, they transition to heroin and fentanyl because they are less expensive and, obviously, don’t need a prescription.
“Opioids are addictive. The drug makers knew it, but continued to push doctors to prescribe them,” Mayor Carmen Amato said in a press release. “This has lead to the heroin epidemic that is plaguing our society today. Enough is enough, it’s time to step in to hold the pharmaceutical industry accountable.”
The Township Council voted to retain the Washington, D.C. law firm of Motley Rice LLC. The township will not be paying anything out of pocket for the suit. If Motley Rice wins, their company will be paid a portion of the settlement and the rest will be split between the towns that are part of the suit.
Toms River was the first local municipality to join in the lawsuit. Brick has also joined. Other non-local entities that are a part of this include the city of Chicago; counties of Santa Clara in California, Albany in New York, and Summit in Ohio; and the states of Alaska, New Hampshire, and South Carolina.
The pharmaceutical companies have not yet been named publicly. The suit is being waged by Motley Rice LLC, and D’Arcy Johnson Day.
According to their website, Motley Rice has also successfully litigated against tobacco companies on behalf of states, to recoup public health costs related to smoking. Due to this lawsuit, the method that companies can market cigarettes changed.
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County files lawsuit over opioid drug crisis
Dec 8, 2017 | The Gazette (MN)
By Jonathan Yound
Last year, 395 people died of opioid drug overdoses in Minnesota, according to the state Department of Health. About half of those deaths involved prescription drugs.
In Washington County, the number of residents admitted for treatment of opioid use grew from 67 in 2005 to 363 in 2015. Ten deaths were attributed to opioids or heroin in the county in 2015.
It’s gotten so bad that Washington County Attorney Pete Orput said he fears answering his phone at night, “because it’ll be something like Sheriff Starry calling and saying, ‘Another dead kid, Pete, another dead kid.’”
Orput announced last week that Washington County and about 20 other counties across the state are suing the manufacturers and distributors of prescription opioid painkillers for their alleged role in the opioid crisis. He made the announcement in St. Paul Nov. 30, alongside Hennepin County Attorney Mike Freeman, Ramsey County Attorney John Choi and others.
Counties are filing separate lawsuits because they say each community is affected differently.
The counties allege manufacturers and distributors engaged in “false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids.”
Specifically, the Washington County lawsuit filed in U.S. District Court Nov. 30 alleges: “The manufacturers aggressively pushed highly addictive, dangerous opioids, falsely representing to doctors that patients would only rarely succumb to drug addiction.”
It also says that both distributors and manufacturers “intentionally and/or unlawfully breached their legal duties ... to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates.”
Washington County’s lawsuit names three drug distributors and a number of manufacturers.
The lawsuit seeks to recoup costs of dealing with the problem.
“What we seek by filing these suits is accountability and restitution,” Orput said. “That’s what we’re looking for. This isn’t a money grab. This is, ask them to help us pay for the crisis they’ve put in our laps.”
Choi agreed, saying its about “holding accountable manufacturers and distributors of opioid-based pain medication for their role in what we are dealing with.”
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Clark County Suing Opioid Manufacturers
Dec 8, 2017 | Las Vegas Patch (NV)
By Lucas Thomas
Clark County is taking action against Big Pharma in a lawsuit filed in district court on Thursday that aims to recover damages lost in southern Nevada's version of the nationwide opioid epidemic.
Clark County Commission approved the lawsuit in a meeting on Tuesday. Clark County District Attorney Steve Wolfson will team with law firm Eglet Prince on the case.
Agenda documents from the Tuesday meeting say the lawsuit is necessary to recover costs incurred by Clark County for "the primary brunt of law enforcement, social services, and addiction treatment efforts."
Wolfson and the county moved forward with the litigation despite concerns expressed by Nevada Attorney General Adam Laxalt. Laxalt has expressed concern that a lawsuit could interfere with his own investigation into the marketing practices of drug manufacturers. Documents from Tuesday's meeting of Clark County commissioners state, "This prospective lawsuit will not conflict or interfere with any efforts of the Attorney General to investigate deceptive trade practices relating to drug manufacturers and distributors."
From 2010 to 2015, opioid poisoning in Clark County declined by 21 percent. Statewide, opioid related deaths around Nevada have slowly declined from 436 in 2010 to 387 in 2016.
During those years, Nevada came in above the national average in the number of opioid prescriptions statewide. In 2012, only 14 states prescribed more prescriptions than the 94 per 100 residents prescribed by Nevada doctors. The number dipped to 82 per 100 residents in 2015, but was climbing again last year with 87 prescriptions per 100 residents in 2016.
Lawsuit Background
Eglet Prince will represent Clark County as the plaintiff in the case. The 23 defendants named are Purdue Pharma, L.P., Purdue Pharma, Inc., The Purdue Frederick Company, Inc., Purdue Pharmaceuticals, L.P., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Ortho-Mcneil-Janssen Pharmaceuticals, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Allergan PLC, Actavis, Inc., Watson Laboratories, Inc., Actavis LLC, Actavis Pharma, Inc., Amerisourcebergen Drug Corporation, Cardinal Health, Inc., Mckesson Corporation, Masters Pharmaceutical, LLC, C & R Pharmacy, and Zoe Pharmacies.
Laxalt is leaving his position as Attorney General to run for governor in 2018. Nevada state Senate Democratic Leader Aaron Ford, who practices at Eglet Prince, announced he would be running for Nevada Attorney General earlier this year. The firm told the Las Vegas Review-Journal that Ford will not be involved in the litigation.
As part of the approval, Eglet Prince will pay for the costs of the trial and cap contingent fees at 25 percent of recovery, commission documents show.
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Racine County looks to join opioid lawsuit
Dec 11, 2017 | The Journal Times (WI)
By Ricardo Torres
Racine County will be joining a lawsuit filed by dozens of Wisconsin counties against pharmaceutical companies, pending County Board approval.
Back in early November, 28 counties announced they would join a lawsuit against Purdue Pharma, Johnson & Johnson and Endo Health Solutions for possible deceptive and fraudulent marketing relating to the addictive nature of the prescription drugs they manufacture.
Racine County Corporation Counsel Michael Lanzdorf said the county has been contemplating joining the lawsuit since early October but administration wanted to talk to the Racine County Sheriff’s Office, the medical examiner, Human Services Department, emergency management director and the District Attorney’s Office.
“These are all departments that have something to do with opioids,” Lanzdorf said. “Through this lawsuit they would be trying to identify any sort of costs or expenses incurred by Racine County in addressing the opioid epidemic.”
Lanzdorf said officials have discussed with those departments the “potential implications of county involvement in such a lawsuit.”
“The primary thing we wanted to explain to them is if we were to join this lawsuit, it could very easily settle early on; it could also result in a lengthy discovery process where the pharmaceutical drug-makers may send discovery requests to the county, asking us to produce information or to document where these costs come from,” Lanzdorf said. “It could result in significant staff time. But we’ve addressed that with various departments and almost uniformly have been met with support.”Holding manufacturers accountable
Lanzdorf said: “The common refrain that we heard is that it’s really not about recovery, it’s about holding these manufacturers responsible for their role in creating the opioid epidemic.”
The firms in charge of litigating this suit are von Briesen and Roper SC, Crueger Dickinson LLC and Simmons Hanly Conroy LLC.
The county has put forth a resolution that had its first reading at the County Board meeting on Tuesday and it’s possible that the board could pass the resolution as early as Dec. 19.
“If the County Board were to authorize Racine County to pursue these claims, the next step would be engagement of these law firms,” Lanzdorf said.
If the county does join the lawsuit, it could be several years of litigation before a settlement is reached.
“It’s not unheard of for a court to request that the parties come to the table for mediation for settlement discussion, the parties could do that on their own,” Lanzdorf said. “These are companies with deep pockets, surely, so it’s entirely possible that they would deny these allegations and defend against them all the way through trial.”
With continued efforts by the Sheriff’s Office to investigate opioid-related crimes, the District Attorney’s Office prosecuting those crimes and aggressive education by county officials about the potential harms of opioids, Lanzdorf said this lawsuit is “just one among many measures that have been taken or that are under consideration by the county to confront this opioid epidemic.”
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Onslow Co., Jacksonville to sue pharmaceutical companies over opioid crisis
Dec 11, 2017 | WNCT (NC)
By Elizabeth Tew
Communities across the East have been fighting the opioid epidemic at hospitals, through emergency services and also law enforcement. Now Onslow County and the City of Jacksonville are fighting back with lawsuits aimed at drug manufacturers.
If they’re successful, the money would go back into treatment and education locally.
“Also law enforcement,” David Cotton, Onslow County manager, said. “Those funds would only be used for those purposes so that the local tax dollars are not used.”
Jacksonville ranks 12th in the nation for opioid abuse, and it’s costly both in the county and in the city.
Cotton conservatively estimates between $5 and $10 million are spent annually across Onslow County.
The city estimates it spends more than $1 million.
“In 2016, the Jacksonville Police Department spent over 16,000 hours, the equivalent of 8 full-time officers over the course of a year, dealing with mental health and substance abuse,” Dr. Richard Woodruff, city manager, said.
The lawsuits seek reimbursement for the money spent and are being handled by a national law firm. Each one alleges opioid manufacturers failed to follow federal guidelines.
“They’re supposed to have parameters and matrices that show the number of pills going into communities in line with their populations,” Dr. Woodruff said. “What the lawyers have found is that they haven’t met those guidelines.”
According to DHHS, in the last 17 years, more than 12,000 North Carolinians died from opioid-related overdoses. Locally, 8 prescriptions were dispensed for every 10 residents in Onslow County, according to the public information officer.
“Onslow County is committed to the long-term and this lawsuit, should we prevail, will be that funding vehicle for us,” Cotton said.
No taxpayer dollars are being used in either lawsuit. There’s also no risk to the city or county if they fail. Lawyers will, however, receive up to 30% of the money if the lawsuits are successful.
The county and city hope to have them filed in federal court as soon as possible.
The lawsuits are only the latest in the cooperation between both entities as well as Carteret County, Onslow Memorial and Carteret General hospitals. The area’s first substance abuse and mental health crisis center is currently in the works. It’s scheduled for 2018, with construction bids starting as early as this Spring. It’s estimated to cost around $1.6 million.
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Sedgwick County Opens Door For Potential Lawsuit Against Opioid Distributors
Dec 8, 2017 | KMUW (KS)
By Nadya Faulx
Sedgwick County is considering filing a lawsuit against manufacturers and distributors of opioids.
Commissioners are looking at litigation as one way to combat the opioid crisis they say is worsening in Sedgwick County. They recently declared the opioid epidemic as a "public nuisance" that has caused a health and safety crisis.
The Centers for Disease Control and Prevention reports that in 2016, there were 99.9 opioid prescriptions per 100 people in Sedgwick County—about 30 percent higher than the national average. The Sedgwick County Division of Health says deaths related to opioid use are going up locally, while the rate statewide has remained constant for the past five years.
“The fact is, we’ve got something going on, and we need to get a handle on this," says Commissioner Jim Howell.
The potential lawsuit would be on the basis that distributors aren’t monitoring suspicious drug orders under state and federal law.
“As we go forward here, whether we join this lawsuit or not ... I think this litigation will happen," Howell says. "I think controls will be enforced going forward.”
Kansas is already involved in a multi-state investigation into companies that produce and distribute opioids.
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Jefferson County could file opioid lawsuit
Dec 8, 2017 | Herald-Star (OH)
By Mark Law
The Jefferson County commissioners on Thursday agreed to hire outside legal counsel to pursue a possible lawsuit against the manufacturers of opioid prescription painkillers.
Assistant Prosecutor Frank Bruzzese said he has been meeting with the commissioners for the past several months in executive session to discuss the possible filing of the lawsuit to try to recoup money spent on the opioid epidemic in the county.
Many people addicted to heroin started on opioid pain medication.
The county ranks high in the state for overdose deaths based on 100,000 in population.
The commissioners will petition common pleas court for the appointment of an outside legal counsel to represent the county.
Bruzzese said the county intends to hire attorney Frank Gallucci of Cleveland, who is associated with a consortium of attorneys who investigate, pursue civil litigation and attempt to hold responsible the manufacturers and wholesale distributors and others who market prescription opiates.
Bruzzese said the lawsuit will be filed if evidence shows the manufacturers, pharmacies and physicians wrongfully put excess opioids on the streets of the county.
Commissioner David Maple said pursuing the lawsuit would be a wise choice for the taxpayers because of the financial burden due to the opioid crisis.
“It is an easy recourse when you look at the budgets of the departments who engage in the crisis on a daily basis,” he said.
In other business, commissioners signed three contracts between the county Job and Family Services Department and Checker Cab Co. of Steubenville.
Checker Cab provides transportation to doctor and medical appointments for people eligible for Medicaid.
Elizabeth Ferron, job and family services director, said there was an increase in trips amounting to an additional $120,000 for Checker Cab this year.
Checker Cab will receive $1.75 million next year. The cab company also will be paid up to $33,000 for transporting residents who aren’t Medicaid eligible to doctor and medical appointments.
Ferron said the county is mandated to provide the transportation service. Federal funds pay for the cost, she noted.
Commissioner Thomas Graham said Checker Cab employees receive special training and have proper equipment in the vehicles.
Ferron and the commissioners discussed a possible change in how the state administers the program next year. She said the state may use a broker to oversee the program, and Commissioner Tom Gentile noted he is concerned the program, as a result, may not be as efficient.
Commissioners agreed to sign a grant application by the county drug task force for funding from the Ohio Drug Law Enforcement Fund. This is the sixth time the county has applied for the grant, receiving it five times. The money will be used for operational expenses of the drug task force.
Commissioners signed an agreement with DLZ Engineering of Cleveland for right-of-way services for a proposed bridge replacement on county Road 17. Kara Bernhart, county bridge engineer, said $30,462 agreement includes surveying, deed and right-of-way research. She said the project is expected to be bid in the spring.
The engineer’s department normally does the work, but it is burdened by the large amount of ongoing bridge projects, she said.
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Escanaba may join lawsuit against drug companies
Dec 8, 2017 | Daily Press (MI)
By Jenny Lancour
The Escanaba City Council is considering whether or not to join a class-action lawsuit against manufacturers of opioids in an effort to do something about the national drug problem that also has a major presence in the local community.
City Attorney Ralph “B. K.” Peterson told council members about the lawsuit, which communities and municipalities in the state — including Delta County — have joined to pressure opioid manufacturers into curbing marketing of their products that are contributing to the local drug epidemic.
Opioids are a class of drugs that include the illegal drug heroin, synthetic opioids such as fentanyl, and pain relievers available legally by prescription such as oxycodone, hydrocodone, codeine and morphine, according to the National Institute on Drug Abuse.
“Other cities are joining in the lawsuit against companies producing painkillers,” explained Peterson, likening the joint efforts to past tobacco lawsuits and on-going asbestos litigation.
He told council the attorneys involved in the opioid companies lawsuit are paying up front for court costs, but added that if no money is awarded from the lawsuit, the communities participating in the lawsuit might have to pay the court costs. He noted he expects that to be almost nil because of the number of participants.
Other positive outcomes of the lawsuit could increase the public’s awareness of the drug problem and slowing down the manufacture of opioids, he added.
Peterson recommended council join the lawsuit before a Dec. 19 deadline on this initial effort, adding there will likely be another lawsuit for the city to sign onto later.
Public Safety Director Rob LaMarche told council that opium is the number one problem in Escanaba with 80 percent of the city’s crime being involved with drugs or related to drugs.
LaMarche noted the police department is doing what it can to combat drug abuse by participating in the Angel Program, the Delta County Drug Court, and the drug take-back program. Police are also working with the prosecutor’s office, local doctors and area pharmacies as well.
For example, he said, when abuse of the drug Suboxone got so bad in Escanaba, local pharmacies stopped selling prescriptions by not carrying Suboxone in their pharmacies.
LaMarche added, the lawsuit is another way the city can try to stop opium abuse in the community, admitting it likely will never be completely eliminated.
After discussing the uncertain financial costs for the city and the lack of information on the lawsuit, council decided to hold a special meeting at 9 a.m. on Dec. 15 to learn more about the effort and possibly have one of the attorneys backing the lawsuit to speak at the meeting.
Peterson also noted that just talking about the widespread drug abuse, makes the community more aware of the local problem.
In other business Thursday, council also decided to schedule a future meeting to further discuss the use of bicycles and skateboards on downtown sidewalks along Ludington Street.
Downtown Development Director Ed Legault presented the DDA board’s recommendations on the issue, as requested by council, saying bike traffic and foot traffic are both important to the downtown businesses. He stressed bicycle traffic on Ludington Street is definitely not recommended.
Legault said public awareness about the safety concerns needs to be increased — possibly through signage. The DDA also recommends bicyclists and pedestrians share the sidewalk with pedestrians having the right-of-way. He also encouraged public input on the issue and enforcement on any decision made by council.
Following discussion, council decided to conduct a public work session on the issue early next year.
At Thursday’s meeting, council was also updated on local efforts to combat the evasive species phragmites, which is prevalent along the Lake Michigan shoreline and also present inland. Representatives from the Delta Conservation District and the U.P. Resources Conservation and Development Council informed council about action taken to date to get rid of the evasive plant and what needs to be done to manage it in the future.
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Combining opioid suits (EDITORIAL)
Dec 10, 2017 | The Daily Independent (KY)
By Staff
Hundreds of attorneys met before a federal litigation board in St. Louis last week to discuss ways of expediting the cause and speed of justice by reducing the about 150 lawsuits filed nationwide accusing several major drug manufacturers of fueling the opioid epidemic that is threatening to destroy area communities.
A request, filed with the U.S. Judicial Panel on Multidistrict Litigation, in September, asks that those suits filed in multiple states be grouped together for better cohesion and efficiency as the cases move forward. A decision is expected in two weeks.
The lawsuits state that wholesale distributors breached their duty to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates coming into the states over the past several years, a duty the lawsuits claim companies have under the Controlled Substances Act of 1970. Among those joining in the class action suit are virtually every city and county government in the Tri-State region. They include, but are not limited to, Ashland and Boyd County, Scioto, Gallia and Lawrence counties and the city of Portsmouth in Ohio, and McDowell, Kanawha, Boone, Wyoming, Logan, Lincoln, Cabell and Wayne counties and the city of Huntington in West Virginia.
Huntington attorney Paul T. Farrell Jr., whose coalition of law firms represents about half of the 154 cases filed thus far, said Thursday's hearing did not seem to focus so much on whether the cases would be grouped, but instead where the cases would be heard.
"It's anyone's guess on where they will land," he said. "But the panel is looking for a judge with some experience with handling MDLs (Multijurisdiction Lawsuits), and there was not a whole lot of time debating on judge or jurisdiction. Most of them want Columbus, Ohio, or Charleston."
Grouping would allow one judge to make rulings on pretrial motions and other issues that arise, Farrell said. "No one is losing their case," he said. "There are just several decisions that have to be made, and that will be conducted by one person, if the panel approves the order. It saves time and inconsistent rulings."
Farrell also noted the issue of who had filed the suits - whose plaintiffs range from hospitals, government entities, labor unions, third-party payees and individual citizens. The panel could choose to separate those suits from each other due to different claims.
The "Big Three" distributors -- McKesson Corp., Cardinal Health and AmerisourceBergen Drug Corp. -- and five manufacturers, like Purdue Pharma and Johnson & Johnson, who are named in dozens of the lawsuits -- argued the move would be ideal, but other pharmaceutical distribution businesses - including Walgreens, Kroger, Walmart, CVS and Rite Aid - who are named in just a handful of lawsuits -- oppose the consolidation.
Smaller pharmacy distributors named in local lawsuits oppose the centralization of dozens of cases they are not named in. The move would be unfair and dramatically increase burdens and costs associated with the move, several claimed.
The filings started after a 2016 Charleston Gazette-Mail investigation revealed that between 2007 and 2012, the "Big Three" shipped 423 million pain pills to West Virginia, which has about 1.8 million citizens, before the number of pills started to decrease. The Cabell County Commission declared the distribution of pain medications in the county a public nuisance under West Virginia State Code and hired the law firm of Greene, Ketchum, Farrell, Bailey & Tweel to pursue first-of-its-kind legal action against those in the chain of distribution. It created a domino effect of lawsuits being filed nationwide.
After the hearing in St. Louis, Farrell said, “We got their attention today in one of the most important courtrooms in the country right now. They know that there is going to be a day of reckoning and it's going to be magic or tragic - one or the other."
It started with aggressive moves to promote OxyContin and other highly addictive “pain” medicine and supplying pain clinics with massive doses of those drugs. We think the pharmaceutical industry did play a role in creating this region’s opioid epidemic. We will allow a jury or juries to decide just how large that role is and if there is any liability, if at all. However, before any trial can being the many existing lawsuits must be combined into a more manageable number.
Some litigants may not like having their suit combined with a much larger action, but that is the best way to assure that the important issues in the suits do not take years before they are decided in a court of law. Most local governments involved in the combined suit likely will play only a minimum role in it, but it is important that they have a seat at the rather large table.
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Mentkowski: Opioid Cases Consolidated Into MDL
Dec 11, 2017 | WorkCompCentral
By Timothy S. Mentkowski
After considering a motion brought by the plaintiffs in 46 actions pending in nine federal districts across the country, the Judicial Panel on Multidistrict Litigation (MDL) entered an order on Tuesday, transferring those actions to the Northern District of Ohio for coordinated or consolidated pretrial proceedings.
The cases represent only a fraction of those filed against the numerous manufacturers of prescription opioid medications recently. Centralization will likely swell what has already been a deluge of claims against the drugmakers.
The vast majority of cases filed to date have been brought by governmental plaintiffs — states, counties and municipalities - but the filing of claims by third-party payers has begun to pick up speed as well. The order does not confirm whether opioid lawsuits brought by employee benefits plans and insurers will also be centralized in the MDL (In Re: National Prescription Opiate Litigation, MDL No. 2804).
At least one third-party payer plaintiff, Philadelphia Teachers Health and Welfare Fund, opposed centralization. The fund, whose case is currently pending in the Eastern District of Pennsylvania, advised the panel that it intends to file a motion for centralization of third-party payer claims in a separate MDL.
The panel advised that it will address that motion, if it is filed, in due course. Given that one of the bases for centralization of the moving parties' actions is that they are all cities, counties and states with similar claims, centralization of third-party payer claims in the same MDL may not be appropriate. Further, the amount of third-party payer cases is almost certain to grow rapidly over the coming year, and the likelihood that different issues will arise relating to those - as opposed to the city, county, and state claims - separate consolidation may be more prudent.
Either way, the current movement toward large-scale litigation against pharmaceutical companies that have harvested massive profits from the sale and distribution of opioids presents a good opportunity for the insurers, benefit plans and other third-party payers have borne the cost of the consequences.
Unless and until Philadelphia Teachers Health and Welfare Fund or other third-party payer(s) move to consolidate, the status of third-party payer claims is somewhat in flux. In all likelihood, the question will not go unanswered for long.
As for the city, county, and state cases in general, consolidation and coordination is certain.
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Meet the ‘catalyst’ behind the opioid lawsuits
Dec 11, 2017 | Minnesota Lawyer (MN)
By Kevin Featherly
Tenacious prosecutor Orput’s advocacy came at steep emotional price
The remainder of this article is under paywall at: http://minnlawyer.com/2017/12/11/meet-the-catalyst-behind-the-opioid-lawsuits/
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McKesson Records Show Failed Opioid Oversight, Lawsuit Says
Dec 8, 2017 | Bloomberg
By Anders Melin & Jef Feeley
McKesson Corp.’s board failed to audit the company’s system to spot suspicious shipments of opioid-based painkillers even after agreeing to do so as part of a settlement, according to a summary of board minutes unsealed Friday in a shareholder lawsuit.
The suit, filed in October, alleges that McKesson directors paid scant attention to oversight of opioid sales after a 2008 settlement centering on the company’s insufficient monitoring of such shipments. The directors also disclaimed any responsibility for the growing opioid epidemic, seeing it as a “matter of public policy to be addressed by the federal and state governments,” the investor said in another unsealed portion of the complaint.
Delaware Chancery Judge Sam Glasscock III ordered the entire complaint to be made public, including excerpts of minutes from board and audit committee meetings, after large sections were filed confidentially.
The lawsuit takes aim at 10 current and former executives and directors who were at the nation’s biggest drug distributor as the opioid epidemic intensified. Painkillers claim a life every 19 minutes, according to the U.S surgeon general, and McKesson faces dozens of suits from cities, counties and states over shipments of such drugs.
“With this new disclosure, pressure is now squarely on the special independent committee to clean house, otherwise shareholders are going to take matters into their own hands,” Ken Hall, general secretary-treasurer for the International Brotherhood of Teamsters, a McKesson investor, said in a statement. “It is patently clear this board has failed its shareholders, its employees and the American public.”Overseeing Compliance
The defendants include Andy Bryant, Wayne Budd, Alton Irby, Marie Knowles and Jane Shaw, who have all served on the board’s audit committee, which is responsible for overseeing compliance with regulators and efforts to control and mitigate risk. Former director David Lawrence, Chief Executive Officer John Hammergren, former General Counsel Lauren Seeger, lead independent director Edward Mueller and M. Christine Jacobs, the board’s longest-serving member, are also defendants. Last month, the group filed a motion to dismiss the case.
The claims “are unproven allegations, not judicial determinations of fact,” McKesson spokeswoman Kristin Hunter Chasen said in an emailed statement. “The complaint contains numerous defects, which we will address through the legal process.”
The lawsuit, filed by lawyers for McKesson shareholder Chalie Steinberg, says otherwise. The complaint notes federal prosecutors started investigating the drug distributor in 2005 over its filling of suspicious opioid orders from illegal internet pharmacies.Suspicious Orders
Prosecutors alleged McKesson filled orders for online pharmacies even though the firms didn’t require patients to have valid prescriptions and also sent suspiciously large shipments to regular pharmacies and clinics. Federal law requires drug distributors to report orders of unusual size or frequency, or that deviate from a buyer’s usual pattern, to the Drug Enforcement Administration.
“As a result, millions of dosage units of controlled substances were diverted from legitimate channels of distribution,” the plaintiff alleged in the complaint.
On May 2, 2008, McKesson agreed to pay $13.3 million to settle the allegations and to strengthen its controls by implementing a three-tiered system that would flag buyers who exceeded monthly thresholds for opioids, without admitting or denying wrongdoing.
Those promises weren’t kept, the plaintiff said. Five months after the 2008 settlement, the board’s audit committee was notified of “serious deficiencies” in its system to spot suspicious opioid shipments, according to the newly unsealed passages. Some customers hadn’t yet been assigned thresholds for large orders that would trigger a review, and there was insufficient documentation to back up decisions to alter such limits for existing customers, according to a summary of findings by McKesson’s internal auditors.‘Foot Traffic’
Still, the board didn’t discuss the compliance system or request another review until 2013, the summary of meeting minutes shows. By then, inspections of some of McKesson’s distribution facilities in 2013 found the company “did not fully implement or adhere to its own” compliance program, the plaintiff has claimed.
Employees repeatedly ignored suspicious orders, even those from pharmacies that had triggered the 2008 probe, according to the complaint. McKesson would honor pharmacies’ requests for increased shipments of opioid painkillers based on rationales such as “more foot traffic” or more business on holidays.
In 2013, the DEA subpoenaed records of shipments from McKesson warehouses, regulatory filings show. By 2014, U.S. attorneys from across the country were investigating the company’s distribution of painkillers.
The findings forced McKesson to admit that it failed to report certain opioid shipments to the DEA and sign another settlement with the government this year that included tougher and verifiable compliance responsibilities, as well as a $150 million fine.Large Quantities
The company’s $198.5 billion in annual revenue last fiscal year was fourth-highest among U.S. businesses and more than Exxon Mobil Corp.’s, data compiled by Bloomberg show. Its profit topped $5 billion. Drug distributors purchase large quantities of drugs from manufacturers and sell them to dispensers such as pharmacies and hospitals. McKesson and rivals AmerisourceBergen Corp. and Cardinal Health Inc. ship the vast majority of all drugs in the U.S.
McKesson shares climbed 1.8 percent to $152.66 at 12:10 p.m. in New York. The stock has gained 8.8 percent this year, trailing the 20 percent advance for the 62-company S&P 500 Health Care Index.
Earlier this year, McKesson said it will appoint an independent chairman whenever Hammergren steps down as CEO, after a Teamsters proposal to split the roles received 40 percent support in a shareholder vote.
The case is Steinberg v. Bryant, 2017-0736, Delaware Court of Chancery.
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Our view: Yadkin fights opioids (EDITORIAL)
Dec 10, 2017 | Winston-Salem Journal (NC)
By Editorial Board
As Yadkin County prepares a court case against drug manufacturers and distributors it thinks has contributed to the county’s opioid crisis, it faces an uphill battle. But good for county leaders for taking any action they can in this crucial fight against opioid abuse.
Yadkin County is suing 24 drug manufacturers, distributors and their subsidiary companies in federal court, accusing them of causing the county’s opioid crisis by deceptive marketing of painkillers and failing to report suspicious orders to federal authorities, the Journal’s John Hinton reported recently. The county joins other local and state governments that have filed similar lawsuits against the drug industry, the Journal reported.
“From 1999 to 2007, Yadkin County experienced 26 opiate-related deaths for an average of 2.9 deaths per year, according to the lawsuit. From 2008 to 2016, opiate-related deaths nearly tripled to 65 for an average of 7.2 deaths per year,” the Journal reported. “In North Carolina, more than 12,000 residents died from opioid-related overdoes from 1999 to 2016, according to the lawsuit. In 2014, the state experienced 913 deaths, 2,698 hospitalizations and 3,515 emergency-room visits related to opioids.”
These deaths are the most serious consequences of a crisis that has ravaged too many families and communities. Authorities, medical organizations and civic groups have attempted to address the problem, but for many, the help has come too late.
Many factors contribute to opioid addiction, including the availability of painkillers. While opioids provide crucial pain relief for many patients, doctors must strike a balance between that and having addicted patients. Others factors have played a role, including dwindling economic opportunities and, in some cases, a failure of personal responsibility.
“The manufacturers and distributors of prescription opioids extract billions of dollars of revenue from the addicted American public, while public entities experience tens of millions of dollars of injury caused by the reasonably foreseeable consequences of the prescription opioid addiction epidemic,” the lawsuit says.
There is no easy answer. It will take years, perhaps decades, to recover from this scourge. Lawsuits like this raise the dialogue this country needs to have. We hope it will contribute to the solutions that we must find using every resource at our command.
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Dec 9, 2017 | Cook County Record (IL)
By Michael Carroll
Asserting Congress and local governments either aren't doing enough or lack the resources to address the so-called opioid epidemc impacting communities of all kinds and sizes, the only way to effectively fund treatment and solutions is through litigation, a Chicago class-action attorney said.
Jay Edelson, president of law firm Edelson PC, during a panel discussion at the City Club of Chicago Dec. 6 noted he believed the current wave of lawsuits pending in courts across the country against makers of so-called opioid painkiller pills is not unlike the big-money tobacco suits of the 1990s, designed to wring money from the makers of cigarettes who, state governments alleged, marketed smoking habits to Americans for decades despite knowing the harm their products caused.
Initially, opioids were used narrowly in a small number of cases, such as cancer patients or those who underwent serious surgeries, so demand was not high, Edelson said. But as a result, he said, the companies weren’t selling many pills.
“What we think we’re going to be able to demonstrate is they decided to try to change the narrative,” Edelson said of the pharmaceutical companies during the panel discussion. “They set up shell corporations and fake research and started convincing doctors and the public that they had this new pill, OxyContin,” which, he alleged, the companies claimed wasn’t addictive.
The opioid epidemic should be differentiated from other epidemics, such as polio and malaria, according to Edelson.
“This is an epidemic, but it is an epidemic caused by multibillion-dollar pharmaceutical companies who’ve made an incredible amount of money off of this,” he said.
Unlike the tobacco litigation, however, the opioid lawsuits are not being spearheaded only by states, Edelson said, but also by cities, counties, labor unions and American Indian tribes, among others, looking to secure a windfall from the drugmakers, ostensibly to fund programs to address a public health problem.
In many cases, these local governments have hired private law firms to assist in the massive litigation. The city of Chicago, for instance, has partnered with the firms of Moley Rice, of Washington, D.C., and Wexler Wallace, of Chicago, to sue opioid drugmakers, such as Endo Pharmaceuticals and Purdue Pharma, for falsely marketing their drugs. That case, filed in 2014, has been placed on hold as a panel of federal judges ponder whether to consolidate it with dozens of other similar cases brought against the drugmakers by cities and other local governments and quasi-public agencies across the country.
Court records do not indicate Edelson is working with the city on that case, but Edelson's website draws attention to his firm's work to aid the opioid litigation across the country. And during the panel discussion, Edelson noted his firm's growing interest in working with local governments to bring big lawsuits against big business interests.
In a different case, Edelson has been hired by the city of Chicago and Cook County to sue Uber over a 2016 data breach that put at risk the personal data of 57 million Uber customers and drivers. Published reports indicate Edelson would be paid on a contingency basis from any damages the city and county may collect in that action.
The firm in recent years has gained notoriety across the country handling a large and diverse number of different types of class-action lawsuits, including lawsuits asserting privacy violations against companies large and small, and litigation accusing the National Collegiate Athletic Association (NCAA) of culpability in brain damage sustained by athletes, among many others.
Edelson discussed different aspects of the opioid crisis with former congressman and mental health activist Patrick Kennedy and Dr. Steven Aks, a medical toxicologist, emergency room doctor and director of the Toxikon Consortium. Moderating the session on the opioid epidemic was Cook County Board President Toni Preckwinkle.
Preckwinkle noted opioid deaths countywide had gone up 70 percent between 2015 and 2016.
The epidemic’s cost to society has been estimated at between $80 billion and $500 billion annually, while "big pharma" has made hundreds of billions of dollars in the sale of the products, Edelson said.
Edelson alleged the drug companies hired opinion leaders to falsely market the opioid products and created studies concluding that any problems with the drugs were due to “pseudo-addiction."
Holding importers of opioid-based pain medications such as Fentanyl responsible has proved almost impossible, according to Edelson, who said Department of Justice criminal prosecutions are needed. At the same time, treatment and care costs have been borne almost exclusively by taxpayers, he said, arguing that because the crisis was the result of massive fraud, taxpayers should not be paying the bill.
“It ought to be big pharma,” Edelson said.
Kennedy said the opioid epidemic crosses all socioeconomic boundaries nationwide.
“This is the largest public health crisis of our time, and we’re doing nothing about it,” Kennedy said.
The Chicago region, through medical training, has a template to deal with opioid overdoses, but resources are limited and other parts of the nation are struggling, he said.
“What’s missing is the political will that would put the gasoline in the tank, so we could actually move the recovery forward and address this crisis,” Kennedy said.
Aks said the emergence of the crisis was shocking in recent years and that a turning point occurred in 2003, when pills began to exceed street drugs in causing death.
“This is a chronic illness that will never leave that individual,” he said.
Patients will need the right medication for the rest of their lives as well as access to housing and jobs to fully recover, according to Aks.
All the panelists painted the opioid epidemic as a dire situation that will require a heavy investment and resources.
“It’s going to be this enemy within that’s going to take us down as a First World power” unless something substantial is done, Kennedy said.
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Danbury law firm joins movement vs. drug companies on opioids
Dec 10, 2017 | NewsTimes (CT)
By Julia Perkins
A Danbury law firm has joined a growing national effort punish the drug industry for its role in the opioid epidemic.
Ventura Law is asking town and cities across Fairfield County to join a potential suit against the pharmaceutical companies to recoup the costs of combatting the crisis.
“We feel we have a moral obligation to rectify the wrongs and take a stand against the pharmaceutical companies for creating the problem in this way,” said Kelly Fitzpatrick, a partner with Ventura.
With the state on track to lose 1,000 people to accidental drug overdose deaths by the end of the year, public officials are scrambling to fund programs to help those addicted to opiates.
Ventura is working with a Nashville-based firm, Branstetter Stranch & Jennings, which is representing counties across Tennessee in suits against the pharmaceutical industry.
The effort is just part of a nationwide campaign against the pharmaceutical industry.
Attorneys general in 41 states, including Connecticut, have mounted a joint effort against the companies. In September, the states issued subpoenas seeking information about how prescription opioids were marketed and sold.
And earlier this year, the city of Waterbury sued several drug companies, including Stamford-based Purdue Pharma, which manufactures the painkiller OxyContin. About 20 other Connecticut communities, including Danbury and New Milford, are considering joining the suit, led by the Simmons Hanly Conroy firm from New York City.
In its suit, Ventura hopes to show that drug companies falsely advertised opioids, downplaying their addictive nature, and that they were “unjustly enriched at the expense of local communities,” Fitzpatrick said in a presentation last week to the Brookfield Board of Selectmen.
Fitzpatrick said the aim of the suit is to teach the pharmaceutical companies a lesson as well as gain money for participating municipalities through a settlement.
“It’s to recoup the money that was lost by the towns related to the opioid crisis and to be equipped to handle the crest of the wave that is essentially coming from the crisis,” she said to the selectmen.
Brookfield First Selectman Steve Dunn said the town will decide whether to join the suit after researching how much emergency services has spent because of the crisis.
Dunn added that bigger cities likely have spent more and would have more to gain from the suit, but he agreed with Ventura that the pharmaceutical companies’ negligence has worsened the crisis.
“It’s a huge problem because people are getting addicted to these things without even knowing they're getting addicted,” he said. “It runs across all ages, groups.
“It’s scary as hell,” he added.
Ventura also has approached Danbury, Ridgefield, Bethel, Westport, Stratford and other area towns about joining its suit, but none have yet agreed to join the suit. Until they do, Fitzpatrick said, she cannot say how much money the communities have spent combatting the epidemic.
But in her presentation to Brookfield, she suggested that municipalities should think about what they have spent on drug treatment facilities or programs and opioid-related costs to social services agencies, the school system, the health department and emergency services.
The suit also seeks compensation for costs of dealing with infants exposed to opiates in the womb, said Gerard Stranch, a managing partner with the Tennessee firm. Such infants are often addicted at birth, and are diagnosed with neonatal abstinence syndrome, or NAS.
The number of Connecticut babies diagnosed with NAS more than doubled from 2003 to 2014, according to a report from the state Department of Health.
Hospital costs for newborns with NAS were $66,700 on average, compared to $3,500 for healthy babies, according to the National Institute on Drug Abuse.The state health department estimates that effective prevention would save more than $8.7 million in hospitalization costs statewide in 2014 .
All this means the epidemic will continue to cost municipalities, even if opiates disappeared overnight, Stranch said.
“You still are going to have a 20- to 30-year tale of dealing with the children who were born with NAS, in addition to the addiction and the other problems you’re going to have to deal with,” Stranch said.
Funding is needed for early intervention and special education for children with NAS, Stranch said.
“These are true innocents,” he said. “These kids didn’t do anything to deserve this. It’s going to affect every portion of their life.”
Fitzpatrick said joining the suit would not cost the municipalities anything, nor would they be liable if the case were unsuccessful. If the case were successful, 25 percent of the settlement would go to Ventura.
Bethel First Selectman Matt Knickerbocker said he has asked police to estimate how much the department has spent on training first responders and equipping officers with Naloxone, a life-saving drug that can prevent an overdose death.
Knickerbocker said the Board of Selectmen likely will decide whether to join the Ventura or Waterbury suit at a meeting later this month.
Ridgefield, however, has declined to join either suit.
First Selectman Rudy Marconi has long been vocal about addressing the opioid crisis, but he worries that a lawsuit could take five to seven years to conclude, while people struggling with addiction need more immediate help.
“We could lose—in a five-to-seven-year lawsuit—5,000 to 7,000 people,” Marconi. “We need to do something now.”
Marconi wants to focus instead on education and prevention programs in Ridgefield and surrounding communities, even if it means working with the companies that says caused the crisis.
One example is a pilot program being developed by the Housatonic Valley Coalition Against Substance Abuse along with other regional action councils and a pharmaceutical company.
Allison Fulton, executive director at HVCASA, said the program is intended to educate people about opiates and prevent addiction. She said the program could be used in schools and other community groups across the state and country.
Drug companies, such as Purdue Pharma, have previously given HVCASA money to support awareness programs.
Fulton said she understands why towns are tempted to sue the companies. But HVCASA’s first priority is prevention.
“We want to see something people can take action on tomorrow, the next day, because too many people are dying,” Fulton said. “We can’t wait around for lawsuits.”
Marconi also predicts that towns would not get much money from any settlement in any case.
“We need action now,” Marconi said, “not the promise of a pot of gold at the end of the rainbow.”
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Dec 10, 2017 | KVII (ABC)
By Armadillo, TX
Video Link: http://app.criticalmention.com/app/#clip/view/31356863?token=03649139-d4de-447b-9957-23c8eff8b022
Rough Transcript: an item on the potter county court agenda could bring money back to the taxpayers. joing an opioid litigation suing pharmaceutical companies. why the court is considering getting involved. >> reporter: potter county judge tanner tells me the lawsuit is statewide. it hits close to home here in the kwoent the rise in a number of factors stemming from opioid addiction. >> reporter: opioid addiction can lead people to the streets seeking unprescribed drugs. an amarillo woman case her opioid addiction never reached the abusive level but knows it firsthand. >> during the whole time i was on it. 11:02 PMafter three days i was in intense pain>> reporter: using a prescribed opioid pain medication for ten years she says a three month with draw period was unbearable. >> reporter: judge tanner says the addiction is impacting the county. >> the court system is full because of it. children, cps cases are rising because of their parents are hooked on it. >> reporter: the factors happening here are what tanners falls on the taxpayers. >> the nun is recovered will -- the money that is recovered will pay us back for the money we have incident the jail, in the mental health facilities -x whatever the opioid cris is ranging. >> reporter: she says 27 to 28 counties are involved. that the lawsuit will solely seek to recover funds not solve the overall problem. >> people want that krug to make them -- drug to make them feel better. > reporter: this is a step in accountability and she would like to see that continue to happen. >> i think doctors should be more responsible knowing what their patients can and can't handle. >> reporter: judge tanner tellses me if after the meeting they decide to get in the lawsuit a local law firm will take lead and it will be a long process. reporting outside the potter county courts billionthed building abc7 news.
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Issues and Insiders with Mark Kraham
Dec 11, 2017 | WDVM (WDVM)
By Washington, DC
Video Link 1: http://app.criticalmention.com/app/#clip/view/31356877?token=03649139-d4de-447b-9957-23c8eff8b022
Video Link 2: http://app.criticalmention.com/app/#clip/view/31356906?token=03649139-d4de-447b-9957-23c8eff8b022
Rough Transcript 1: welcome back we are chatting with attorney, stephen skinner. a recent lawsuit filed on behalf of berkeley and jefferson county against pharmaceutical companies. this with the opioid epidemic. the federal court in st. louis, what are the next steps? logically will happen? >> they will hear arguments and whether counties and municipalities have the right to see the drug companies. that will probably be fought out in the next six months or year. we will also see the beginning of discovery. and what that means is we get to ask about the documents that they have. their internal memos. 7:11 PMwhat they actually did jibron get hopeless doctors. will also take a look at the distribution system and whe3 they knowingly supplied, knowingly supplied these two retailers. these will take a long time, there will be tens of millions of documents that will need to be processed. it will go on for quite a while. one of the other things is we are continuing to talk to government organizations, we will see more filings happen, over the next couple of years. we will find out where the hotspots are around and tried to see that they get justice as well. >> obviously that can take a long time. ultimately if they are to rule in favor of what you're seeking, what will that mean? 7:12 PMwhat were the counties get and how will that benefit them? >> the plan would be for the problem to stop. if we can figure out a way to and the epidemic so that we are not creating new addicts that they bring in the system. that is number one it will part of an educational program. one is that we, the pharmaceutical companies repay for all the law enforcement, court costs, everything they have done and also, we can rehabilitate the people who have been caught up in this. we certainly have seen in berkeley county and jefferson county, innovative ways to deal with folks been caught up. but the taxpayers of frankfurt. we want to pay back the taxpayers for what they have had to front for the cost of the epidemic. >> so in this suit then are you seeking a dollar amount against the drug companies? >> not a specific dollar amount. will the company did not open 7:13 PMyear. we have to look at all of the impacts from, did you have to hire an extra employee in the prosecutors office just to deal with the opioid epidemic claimant the jail class. had to bring all that down. i know in west virginia divisional gel cost for jefferson and berkeley cancers have been widely for the last decade. we'll pull all that apart. and of course, once a measure of justice so we know the pharmaceutical companies don't do this again. the only way to get the giant company sourcing is by making them pay money. >> interesting approach. and it sounds like you have a greater weight now that the courts have made a ruling here because i think affairs while the court ruling. but this is day one. yeah. stephen skinner. in the eastern panhandle, we appreciate your dedication to this. us apprised. on the movement on this. >> absolutely, thank you for having me.
Rough Transcript 2: we'll start in west virginia where two counties have joined 100 other countiethe us illegally fighting the opioid cris. we have more with a report. >> tuesday, november 21 lawsuit filed by berkeley and jefferson county against several pharmaceutical companies. 7:01 PM>> the big pharmaceutical companies manufactured opioids we want them to be responsible for what they did. class they play a large role in the opioid epidemic. >> 1996 they started marketing oxycontin to doctors and consumers. with the idea at it wasn't actually addictive. >>. [inaudible] steve was hired to handle this. he has experience with these lawsuits but this is unique. >> the fact that at this point over 100 counties across the country have filed suit, that is unique that the government, smaller governments are getting about the request he explained that the opener crisis has 7:02 PMtaken a toll on the smaller governments. causing them to take action. >> we need to get compensation for what the counties have spent for law enforcement, rehab, dealing with these crimes, increased incarcerations. someone has to pay for that. and taxpayers in the counties are paying for it. >> hope is also that the lawsuitwill open the eyes of pharmaceutical companies to the impact of opioids. >> is certainly welcome the pharmaceutical companies and distributors to come and in addition with the opioid epidemic was done here. >> wdvm news. >> journeys now in the studio have attorney stephen skinner. >> thank you for having me. >> you have seen the effects of not only as a resident but also as an attorney and in the court system. 7:03 PMwhat the drug problem is doing to the panhandle. >> i think there is awareness that there's an opioid problem and it goes back to 15 years we start to see the signs in early 2000 s. oxycontin, we see some of the impact and i think it has been in the last 8 to 10 years that we have seen huge impact. and certainly direct and cost for the counties and municipalities. need to address the situation. and at this point, we have to figure out a way to address the public policy point of view. >> it seems, the police are getting involved. the process i mean there is a variety of ways that it seems to try to be tackled. counseling and everything else. it's almost like pest control 7:04 PMwaved at them and then it breaks out again after you have control. >> i think the challenge by napa public officials was to figure out how to deal with law enforcement and how to deal with the court system, how to deal with children caught up in it and how do we deal with the people who have become addicted to this. and what we have done is we've taken a look at when it started and has kind of broken apart and it starts in 1996. some of the open many factors came up with a new way to market this opioid and they suggested to doctors that it was not addictive. this is something that all of us now think i'm of course it is addictive. back in the middle of the 90s, the was a new idea that wasn't addictive and it was the best way to manage pain. and of course, what we know right now is that it was false. 7:05 PMit is highly addictive. the solution to pain management was not necessarily going straight to opioids. it seems like almost a, if you will, a david and goliath type situation. we have county governments trying to go up against the big powerful drug companies. what is the likelihood that we can kill the giant? >> here is the thing. right now there are about 198 municipalities and counties across the country that filed suits against the manufacturers and distributors. what we are seeing has probably another five per week that are silenced. the federal court system has put all of these cases into one case for the first part and they just instantly was last week i was there, hundred 50 lawyers, in front of five judges at once. 7:06 PMit was loud. [laughter] >> and you were there! >> i was there. that court ruled yesterday that it is going to go to cleveland to a judge there. what happens is, we bring all these counties together, and focus it, you can actually go up against anyone. we have a constitutional right to go to the court. it is manipulative largest company in the world or the poorest person. you can go up against any court. by coming together, we created a way to hopefully get some justice in the united states. >> all right. so, this ruling then is in st. louis. you attended and obviously it was a major stride. >> it is huge! it means that we can come together and create a way to go in and see all the secret 7:07 PMdocuments that we have and we mbine our resources is important and we are pleased that the case is in ohio care which is part of appalachia. and it is the center of gravity for the epidemic. >> okay we need to take a break but we will continue our discussion with attorney stephen skinner with the lawsuit against the drug 7:08 PM7:09 PM >> welcome back we are chatting with attorney, stephen skinner. a recent lawsuitfiled on behalf of berkeley and jefferson county against pharmaceutical companies. this with the opioid epidemic. the federal court in st. louis, what are the next steps? logically will happen?
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This Week in Louisiana Politics
Dec 10, 2017 | WVLA (NBC)
By Baton Rouge, LA
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Rough Transcript: number of attorney generals in looking at responsibilities that the manufacturers have in leading up to this epidemic and steps taken and whether or not they were bad actors on the consumer front. another thing we did is partner with the american ambulance association and created a website called -- we ask citizens to access the website 11:47 AMwhere they can find good information involving opioid-related addiction, signed to look for, ways to combat it. it gives us a tool to put information out to the public. we used that particular website in another step we took in partnering with blue cross, blue shield in national association of drug investigation diversion investigators. basically put where the goal was to put a drug prescription take back box in every parish in the state of louisiana. every time we put a box in a parish, we put it up on our website at inepidemic.org. 11:48 AM>> we did a press conference central louisiana and doing these press conferences, making citizens aware, guess what? there is a drug take back box, that is our goal. >> you have also taken aim at legislation as well. i believe it is the insuring patient access and effective drug enforcement act of 2016. you and a couple dozen other attorneys general have a problem with this particular law, what is it? >> what we have seen after the 60 minute episode that aired which went out and showed some of the flaws in the law passed by congress. basically took -- detoothed dea in their ability to fight this epidemic. we banded together, irrespective of what the law was, you need to revisit that law and see if we 11:49 AMcan better prepare the drug enforcement agency and helping us combat this epinephridemepidemic. >> what specifically does it keep them from doing their job. >> dealing with the wholesalers and saying what are the practices that you are engaged in? if they believe a wholesaler is moving opioids into the marketplace at a very alarming rate. or sending prescriptions to a particular pharmacist. take vie dale ya, louisiana, population might be 5,000-8,000, all the sudden, sending 25,000 prescriptions or pills into that particular area. you have citizens you have to stop. >> president trump called this a public safety threat. with that in mind, literally a public safety issue. we know you are going to be fighting the fact with the take back making sure the laws are passed correctly. what can the average person do to fight opioid abuse?
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Dec 9, 2017 | WGAL (NBC)
By Harrisburg, PA
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Rough Transcript: communities hit hardest by the opioid epidemic are now fighting back against the people who they believe are to blame for what's happening. york county is the latest plaintiff to take its fight to the court room. there is no way to measure the complete impact of the opioid epidemic on any single community. >> this past we saw 19 people november, die. for the first five days of december, 10. york county has been one of the hardest hit communities in the state facing the escalating costs of combating this epidemic. mike: those costs can be 9:10 AManything from narcan and first responders to loss of tourism dollars, and now, york county things drug company should be held responsible for that financial loss. >> today, york county becomes only one of four counties in the state to target manufacturers, distributors, and other enties who the alledge have intentionally misled the public about the dangers of opioids. mike: a 252 page lawsuit naming 25 defendants -- >> this complaint outlines the history of how these defendants have downplayed the risks associated with opioids. mike: the county isn't sure how money -- how much money it will ask for. it's new york city based lawfirm is still working that out but any winnings would only be put back ino the fight. >> my hope is that this lawsuit will come at the very least, mitigate the financial impact on our community and on our taxpayers and put a stop to these deceptive business practices. mike: york county says the suit is moving forward to no cost to county taxpayers. still to come, our year of "state of addiction" covera concludes.
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9 On Your Side Weekend Edition I
Dec 9, 2017 | WNCT (CBS)
By Greenville, NC
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Rough Transcript: in the east, munici- palities are fighting back against the opioid crisis by filing lawsuits against drug manufacturers. onslow county and the city of back against the opioid crisis by filing lawsuits against drug manufacturers. onslow county and the city of jacksonville both approved lawsuits that will be filed in federal court. the lawsuits allege drug manufacturers failed to follow federal distribution guidelines... and seek compensation for the millions spent locally fighting the abuse. these lawsuits show that both the county and the city continue to be very serious about attacking this issue. we must work together because it is not an issue that recognizes geographic and legal boundaries. no taxpayer dollars are used in the lawsuits. and there's no risk if either the county or city lose. or city lose. for tax payers in lenoir
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Dec 8, 2017 | KAKE (ABC)
By Wichita, KS
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Rough Transcript: sedgwick county could plan lawsuits against drug manufacturers if they don't report large distribution of drugs. the move was approved by commissioners... who voted 4 to 1 to call opioid use across the county a "public nuisance." distributor are required by federal law to report suspicious distributions immediately. the move is seen as a positive change in the fight against opioid abuse. "i think it's long overdue. w basicaly have a pandemic in this country that we have 91 people every day that die from opioid overdoses." it could also give the county money from the federal government to combat the crisis.
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