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Opioid Litigation Daily Media Report - 12/18/17

Washington Post/60 Minutes Investigation

‘We feel like our system was hijacked’: DEA agents say a huge opioid case ended in a whimper
Dec 17, 2017 | The Washington Post
By Lenny Bernstein and Scott Higham

After two years of painstaking investigation, David Schiller and the rest of the Drug Enforcement Administration team he supervised were ready to move on the biggest opioid distribution case in U.S. history.
Whistleblowers: DEA attorneys went easy on McKesson, the country’s largest drug distributor
Dec 17, 2017 | CBS News
By Bill Whitaker

A 60 Minutes/Washington Post joint investigation into the DEA's response to the opioid epidemic again finds investigators who hit a brick wall in Washington
Denver-based DEA opioid probe of McKesson was 'hijacked,' says Washington Post-'60 Minutes' report
Dec 17, 2017 | Denver Business Journal
By Mark Harden

After years of investigation of McKesson Corp., led by a Denver-based Drug Enforcement Administration team, over the pharmaceutical giant's distribution of powerful opioid drugs in Colorado and elsewhere, DEA agents say they thought they had gathered enough evidence to warrant criminal charges, fines of more than $1 billion and blocking distribution of opioid pain pills from McKesson warehouses in Aurora and elsewhere.
WaPo: Ex-DEA Agents Say DOJ Undercut Largest Opioid Bust Ever
Dec 17, 2017 | Newsmax
By Eric Mack

A potentially huge Drug Enforcement Agency opioid case against the nation's largest drug company sought a fine in excess of $1 billion for distribution of controlled substances but was reduced to just $150 million by a Justice Department settlement, an "insult" to the DEA's work, The Washington Post reported.
’60 MINUTES’, THE WASHINGTON POST LOOK INTO THE DEA’S BIGGEST OPIOID CASE
Dec 18, 2017 | The Source
By Sha Be Allah

After two years of painstaking investigation, David Schiller and the rest of the Drug Enforcement Administration team he supervised were ready to move on the biggest opioid distribution case in U.S. history.
Former Agent Claims DEA Caved To Political Pressure, Failed To Prosecute Opioid Pushers
Dec 18, 2017 | The Daily Caller
By Nick Givas

Former DEA special agent David Schiller sat down with “60 Minutes” Sunday, and claimed the Drug Enforcement Administration (DEA) was too “intimidated” to prosecute one of the nation’s largest opioid manufactures.

Northeast (MA, MD, NY, PA)

New England City Sues Opioid Makers And Distributors
Dec 17, 2017 | Associated Press
By Staff

Greenfield filed a federal lawsuit Thursday against several distributors and manufacturers of opioid medications, joining a growing list of municipalities and states seeking to recoup the cost of dealing with the epidemic.
Greenfield Files Suit Against Opioid Manufacturers And Distributors
Dec 16, 2017 | WAMC Northeast Public Radio (MA)
By Lucas Willard

The western Massachusetts city of Greenfield is the first in the state to sue opioid manufacturers and distributors.
Greenfield, Mass., Files Suit Against Drug Companies Over Opioid Crisis
Dec 15, 2017 | New England Public Radio
By Alden Bourne

Greenfield, Massachusetts, has filed a lawsuit against pharmaceutical manufacturers in U.S. District Court, arguing they intentionally understated the addictive nature of opioids.
Greenfield suing opioid makers, distributors
Dec 15, 2017 | Western Mass News
By Mary Cate Mannion and Ryan Trowbridge

The city of Greenfield is taking on pharmaceutical giants that make and distribute opioids.
Cecil County to pursue suits against opioid makers, wholesalers
Dec 15, 2017 | Delaware Business Now
By Staff

Cecil County Government, MD has retained the Dallas law firm of Baron & Budd, P.C. to investigate and file litigation against wholesale distributors and manufacturers of prescription opioid medication.
County announces civil suit against opiate distributors
Dec 18, 2017 | Cecil Whig (MD)
By Katie Tabeling

CHANGE TO 12/15 In the latest strategy in the battle against opioid abuse, county officials announced Friday that they intend to file a civil suit against opiate distributors.
Report: Rural NY counties hardest hit by opioid addiction crisis
Dec 17, 2017 | Newsday (NY)
By Delthia Ricks

Nearly 9 million opioid prescriptions, written by health-care providers, were dispensed by pharmacists statewide from 2009 through 2015.
Editorial: Raising awareness about opioids
Dec 17, 2017 | Riverhead News-Review (NY)
By Staff

In late January 2016, The Suffolk Times and Riverhead News-Review published an in-depth look at the growing heroin epidemic on the North Fork. The article told the story of Paul Maffetone of Laurel, whose brother Michael died at age 29, and his efforts to raise awareness about the troubling expansion in abuse of heroin and opioid drugs.
Fayette County joins others in lawsuit over opioid epidemic
Dec 15, 2017 | WTAE Pittsburgh's Action News (PA)
By Brittany Hoke

Fayette County commissioners decided unanimously Thursday to join a lawsuit against several pharmaceutical companies, distributors and physicians they feel fueled the opioid epidemic.
Westmoreland County files lawsuit to recoup money lost to opioid crisis
Dec 15, 2017 | Trib Live (PA)
By Rich Cholodofsky

Westmoreland County on Friday filed a sweeping lawsuit against major U.S. drug manufacturers in an effort to recoup money it lost as a result of the crippling opioid crisis that has led to a record number of fatal overdoses.

Southeast (AR, FL, MS, NC, WV)

Group of Arkansas counties seeks payout in opioid suit
Dec 16, 2017 | Northwest Arkansas Democrat Gazette
By Chelsea Boozer

The Association of Arkansas Counties has filed a federal lawsuit against several pharmaceutical companies to recoup money paid out of its health insurance fund for members' opioid prescriptions.
AR Counties File Lawsuit Against Opioid Companies
Dec 15, 2017 | Arkansas Times
By David Ramsey

The Association of Arkansas Counties filed a lawsuit Thursday against a number of major distributors and manufacturers of prescription opioids in the U.S. District Court for the Eastern District of Arkansas.
Broward, Palm Beach Counties Push Ahead To Sue Big Pharma For Opioid Crisis
Dec 15, 2017 | WLRN (FL)
By Bridget O'Brien and Katie Lepri

Two of Florida’s largest counties, Palm Beach and Broward, have started a process that could take opioid drug makers to court for their roles in the opioid crisis.
New Hanover County sues opioid makers, distributors
Dec 15, 2017 | The Fayetteville Observer (NC)
By Tim Buckland

The New Hanover County government has officially filed a lawsuit against makers and distributors of opioids, claiming they “aggressively pushed” their product, leading to the region’s opioid epidemic.
New Hanover County files lawsuit against opioid manufacturers and distributors
Dec 15, 2017 | Port City Daily (NC)
By Staff

New Hanover County has filed a lawsuit against five of the largest manufacturers and distributers of prescription opioids.
New Hanover County Sues Opioid Manufacturers, Distributors
Dec 15, 2017 | WilmingtonBiz (NC)
By Christina Haley O'Neal

New Hanover County filed a federal lawsuit this week against more than a dozen drug manufacturers and distributors.
New Hanover County sues drug companies over opioid crisis
Dec 15, 2017 | WRAL (NC)
By Staff

New Hanover County, which has grappled with the fallout from opioid addiction in recent years, filed a lawsuit this week against several drug manufacturers claiming the companies engaged in “false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids.”
NEW HANOVER COUNTY SUING DRUG MANUFACTURERS, DISTRIBUTORS OVER OPIOID EPIDEMIC
Dec 15, 2017 | WWAY 3 (NC)
By Staff

New Hanover County has become the first in our area to file a federal lawsuit against pharmaceutical companies over the opioid epidemic.
Mississippi-Alabama opioid suit part of national consolidation
Dec 15, 2017 | AL.com
By Lawrence Specker

Two Alabama hospitals recently joined in a class-action suit filed in Mississippi against opioid makers and distributors. That case has now been swept up into a national tide of litigation being consolidated in an Ohio courtroom.
Martinsburg City Council votes against prescription drug litigation
Dec 15, 2017 | Herald Mail Media (WV)
By Matthew Umstead

The Martinsburg City Council by a 4-3 vote Thursday night decided not to file a lawsuit that would have alleged certain companies engaged in the wrongful distribution of prescription pain pills and created a public nuisance.
Council members reveal reasons for votes against joining opioid lawsuit
Dec 16, 2017 | The Journal (WV)
By John McVey

By a vote of 4-3, Martinsburg City Council members have defeated a motion to join a lawsuit against the manufacturers and distributors of opiate-based pain killers.
Council vote is disappointing (EDITORIAL)
Dec 17, 2017 | The Journal (WV)
By Staff

To say we’re disappointed in the outcome of the City Council’s vote Thursday night is an understatement.

Midwest (IA, IN, MI, MN, NE, OH)

Mitchell County working to file lawsuit against out-of-state opioid manufacturers
Dec 15, 2017 | Globe Gazette (IA)
By Steve Bohnel

Mitchell County Attorney Mark Walk and other county officials are seeking legal action against several opioid manufacturers outside Iowa, in response to what they say is a growing public health epidemic stemming from the over-prescription of those drugs.
More Indiana Cities, Counties Say They Plan To Sue Drug Makers For Opioid Crisis
Dec 15, 2017 | WIBC.com (IN)
By C.J. Miller

Allen County may join Indianapolis, Bloomington and New Castle in suing pharmaceutical companies for the rise in cost due to the opioid epidemic.
W/R: City refuses to release attorney, other records - again
Dec 16, 2017 | The Star Press (IN)
By Keith Roysdon and Douglas Walker

Less than a month after Mayor Dennis Tyler held a minute-long press conference to announce he wouldn't withhold information about legal fees paid with public money, the city of Muncie has again denied The Star Press' request for information.
Hoping to recover soaring costs, Allen County government will sue opioid makers
Dec 15, 2017 | News-Sentinel (IN)
By Kevin Leininger

With an estimated 40,000 people in Allen County abusing opiods, local officials have joined a growing legal effort to make drug manufacturers pay for the cost of courts, incarceration, treatment and other related problems.
No big pharma link to Missaukee Co. costs
Dec 18, 2017 | Cadillac News (MI)
By Karen Hopper Usher

Drug abuse costs Missaukee County money.
South metro news briefs: Dakota County joins suit against opioid manufacturers
Dec 15, 2017 | Star Tribune (MN)
By Erin Adler

Dakota County joined a wave of Minnesota counties and cities Tuesday in filing a lawsuit against pharmaceutical manufacturers, distributors and others they believe helped create the opioid drug epidemic. Drug companies marketed opioids to doctors so that they would prescribe the drugs to patients to treat ongoing pain, on the premise that the drugs were safe and wouldn’t result in addiction.
Douglas County preps to join federal suit against opioid distributors
Dec 17, 2017 | Live Well Nebraska
By Christopher Burbach

Douglas County is preparing to join dozens of governments across the nation who are suing drug companies over the opioid epidemic.
City of Columbus files suit against drug companies, claiming damages from opioid epidemic
Dec 17, 2017 | nbc4i.com (OH)
By Staff

CHANGE TO 12/16 The city of Columbus has filed a lawsuit against 25 drug companies, calling the opioid addiction epidemic “the result of a well-developed marketing scheme…to sell opioids for the treatment of chronic pain.”
City of Columbus sues 25 drug companies, claiming damages for opioid epidemic
Dec 15, 2017 | ABC 6 (OH)
By Csaba Sukosd

The City of Columbus has filed a lawsuit against more than two dozen drug manufacturers, accusing them of damages as a result of the city's opioid crisis.
Ohio county sues 20+ opioid manufacturers and distributors
Dec 17, 2017 | Jurist
By Erin McCarthy Holliday

CHANGE TO 12/15 In the midst of a growing and devastating opioid epidemic, officials in Lorain County, Ohio, filed a lawsuit in the Lorain County Court of Common Pleas Friday against 25 large drug companies and distributors of opioids for deceptive and misleading marketing practices.
Columbus files suit against opioid makers, distributors
Dec 15, 2017 | The Columbus Dispatch (OH)
By Rick Rouan

Columbus is suing drug manufacturers, distributors and others who city officials think are responsible for the opioid crisis.
Columbus joins list of cities suing drugmakers over opioids
Dec 16, 2017 | Associated Press
By Staff

Ohio's largest city is joining cities and counties around the state and country by filing its own lawsuit against prescription drugmakers and distributors.

Southwest (OK, TX)

In Opioid Battle, Cherokee Want Their Day in Tribal Court
Dec 17, 2017 | The New York Times
By Jan Hoffman

Decimated by addiction, its heritage at risk, the Cherokee Nation is trying to sue pharmacies and distributors. But it may be blocked from doing so.
Fear of losing heritage drives Cherokee Nation opioid case
Dec 18, 2017 | Associated Press
By Staff

Cherokee Nation officials say fear of losing the tribe’s heritage is driving a lawsuit that alleges distributors and retailers of opioid medications have contributed to prescription opioid abuse within the tribe.
County hires firm for opioid lawsuit
Dec 17, 2017 | The Journal Gazette (TX)
By Dave Gong

CHANGE TO 12/15 In a unanimous vote Friday, the Allen County commissioners approved a contract with a law firm to pursue litigation against 11 opioid distributors.
County joins class action opioid lawsuit
Dec 15, 2017 | Weatherford Democrat (TX)
By Maggie Fraser

Parker County joined 25 other Texas counties this week in a class action lawsuit against Purdue Pharmaceuticals and other major drug manufacturers for their role in the epidemic of opioid addiction.
Burnet County considers joining Texas lawsuit over opioids crisis
Dec 15, 2017 | DailyTrib.com (TX)
By Connie Swinney

Burnet County commissioners could join a lawsuit with more than two dozen other Texas counties to recoup the cost from pharmaceutical companies they believe have fueled opioids abuse and placed a financial burden on entities and resources combating the crisis.
County continues to weigh suing opioid manufacturers
Dec 18, 2017 | Victoria Advocate (TX)
By Marina Riker

For the third week in a row, Victoria's county commissioners will discuss whether to join dozens of other Texas counties that are suing drug companies to help offset financial impacts of the opioid crisis.

Commentary and FYIs

Prosecutors Treat Opioid Overdoses as Homicides, Snagging Friends, Relatives
Dec 17, 2017 | The Wall Street Journal
By Joseph Walker

As U.S. drug deaths hit record levels, prosecutors and police are trying a tactic that echoes tough-on-crime theories of the 1990s
Treatment courts are one method of dealing with the opioid crisis (OPINION)
Dec 16, 2017 | The Sault News (MI)
By Patrick Shannon

Recently I was honored to host our treatment court graduation. This was a wonderful reprieve from the recent onslaught of groping allegations and garbage news that has permeated the news cycle.
'The Court System Shouldn't Interrupt the Treatment Process'
Dec 16, 2017 | The Atlantic
By Maura Ewing

A Massachusetts case illustrates the glaring difference between the medical community’s approach to addiction and the laws on the books in the United States.
Litigation Is Not The Solution To The Opioid Epidemic
Dec 15, 2017 | Law360
By William Escobar, Neil Merkl, Clifford Katz and Sumithra Naidoo

According to almost every major media outlet, America is now in the midst of an opioid addiction crisis, which President Trump has declared a “national public health emergency.” [1] Sensational publicity and a growing public demand that something be done have led some to conclude litigation is part of the solution.
This is opioid addiction: A Herald-Times special report
Dec 17, 2017 | The Herald-Times (IN)
By Laura Lane

Forty-eight people died in Monroe County from accidental heroin and opioid overdoses in the past two and a half years.
Purdue Pharma: You Can’t Wash Away Your Part In The Opioid Crisis (OPINION)
Dec 15, 2017 | Huffington Post
By Ryan Hampton

We manufacture prescription opioids. Patients’ needs and safety have guided our steps. That’s what Purdue Pharma’s full-page ad in Thursday’s New York Times said. It’s one lie after another. In an attempt to look like the good guy, and keep their revenue flowing, Purdue is trying to wash their hands of their part in creating the current opioid epidemic.
The single biggest reason America is failing in its response to the opioid epidemic
Dec 18, 2017 | Vox
By German Lopez

As I’ve written about the opioid epidemic, I’ve come to expect one specific type of response from readers.
Op-Ed: The terrible toll of the opioid crisis is even worse for women
Dec 18, 2017 | Los Angeles Times
By Ken Sagynbekov

The opioid epidemic’s disproportionate impact on women is the latest, and most destructive, symptom of wider gender-based disparities that leave millions of American women in worse health than men.
Kids Are Getting Needlessly Exposed to Opioids From Routine Wisdom Tooth Removal
Dec 18, 2017 | The Daily Beast
By Cara Wertheimer

Here's something about wisdom teeth removal and other routine dental procedures parents might not have worried about before: potential opioids entering their child's system.

Broadcast Media Coverage

60 Minutes
Dec 17, 2017 | CBS
By New York, NY

Video Link: https://app.criticalmention.com/app/#clip/view/31464686?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Good Day Columbus Saturday
Dec 16, 2017 | WTTE (Fox)
By Columbus, OH

Video Link: https://app.criticalmention.com/app/#clip/view/31464644?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
ABC6 News at 11
Dec 15, 2017 | WSYX (ABC)
By Columbus, OH

Video Link: https://app.criticalmention.com/app/#clip/view/31464648?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
WWAY News at 7:30
Dec 15, 2017 | WWAY (CBS)
By Wilmington, NC

Video Link: https://app.criticalmention.com/app/#clip/view/31464652?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Local 15 Today
Dec 18, 2017 | WPMI (NBC)
By Mobile, AL

Video Link: https://app.criticalmention.com/app/#clip/view/31464674?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
WBZ This Morning
Dec 18, 2017 | WBZ (CBS)
By Boston, MA

Video Link: https://app.criticalmention.com/app/#clip/view/31464684?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Indiana Newsdesk
Dec 17, 2017 | WFYI (PBS)
By Indianapolis, IN

Video Link: https://app.criticalmention.com/app/#clip/view/31464693?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
WBZ This Morning
Dec 17, 2017 | WBZ (CBS)
By Boston, MA

Video Link: https://app.criticalmention.com/app/#clip/view/31464697?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
WTAP News at Eleven
Dec 16, 2017 | WTAP (NBC)
By Parkersburg, WV

Video Link: https://app.criticalmention.com/app/#clip/view/31464700?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
KOMO 4 News Saturday
Dec 16, 2017 | KOMO (ABC)
By Seattle, WA

Video Link: https://app.criticalmention.com/app/#clip/view/31464703?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Western Mass News on ABC40
Dec 16, 2017 | WGGB (ABC)
By Springfield, MA

Video Link: https://app.criticalmention.com/app/#clip/view/31464705?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Carolina in the Morning
Dec 16, 2017 | WECT (NBC)
By Wilmington, NC

Video Link: https://app.criticalmention.com/app/#clip/view/31464729?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
WPTA Saturday Morning News
Dec 16, 2017 | WPTA (ABC)
By Ft. Wayne, IN

Video Link: https://app.criticalmention.com/app/#clip/view/31464731?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
10 This Morning Saturday
Dec 16, 2017 | WBNS (CBS)
By Columbus, OH

Video Link: https://app.criticalmention.com/app/#clip/view/31464801?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Business Report
Dec 16, 2017 | NECN
By Boston, MA

Video Link: https://app.criticalmention.com/app/#clip/view/31464805?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
WBTV 3 News at 11pm
Dec 15, 2017 | WBTV (CBS)
By Charlotte, NC

Video Link: https://app.criticalmention.com/app/#clip/view/31464806?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Northwest Now
Dec 15, 2017 | KBTC (PBS)
By Seattle, WA

Video Link: https://app.criticalmention.com/app/#clip/view/31464808?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
KOLO 8 News Now at 6:30pm
Dec 15, 2017 | KOLO (ABC)
By Reno, NV

Video Link: https://app.criticalmention.com/app/#clip/view/31464809?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Q13 News at 5
Dec 15, 2017 | KCPQ (Fox)
By Seattle, WA

Video Link: https://app.criticalmention.com/app/#clip/view/31464811?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
ABC57 News at 6P
Dec 15, 2017 | WBNDLD (ABC)
By South Bend, IN

Video Link: https://app.criticalmention.com/app/#clip/view/31464813?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Fox 26 News at 7
Dec 15, 2017 | WSFX (Fox)
By Wilmington, NC

Video Link: https://app.criticalmention.com/app/#clip/view/31464815?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
WRAL News at 6PM
Dec 15, 2017 | WRAL (NBC)
By Raleigh-Durham, NC

Video Link: https://app.criticalmention.com/app/#clip/view/31464834?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Pittsburgh's Action News 4 at 5
Dec 15, 2017 | WTAE (ABC)
By Pittsburgh, PA

Video Link: https://app.criticalmention.com/app/#clip/view/31464837?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
ABC21 News at 5
Dec 15, 2017 | WPTA (ABC)
By Ft. Wayne, IN

Video Link: https://app.criticalmention.com/app/#clip/view/31464854?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
Boston 25 News at 5PM
Dec 15, 2017 | WFXT (Fox)
By Boston, MA

Video Link: https://app.criticalmention.com/app/#clip/view/31464855?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c
22 News at 5PM
Dec 15, 2017 | WWLP (NBC)
By Springfield, MA

Video Link: https://app.criticalmention.com/app/#clip/view/31464858?token=48cf4cbd-6516-44e0-8f66-4e8151f3384c

Washington Post/60 Minutes Investigation

‘We feel like our system was hijacked’: DEA agents say a huge opioid case ended in a whimper

Dec 17, 2017 | The Washington Post

By Lenny Bernstein and Scott Higham

After two years of painstaking investigation, David Schiller and the rest of the Drug Enforcement Administration team he supervised were ready to move on the biggest opioid distribution case in U.S. history.
The team, based out of the DEA’s Denver field division, had been examining the operations of the nation’s largest drug company, McKesson Corp. By 2014, investigators said they could show that the company had failed to report suspicious orders involving millions of highly addictive painkillers sent to drugstores from Sacramento, Calif., to Lakeland, Fla. Some of those went to corrupt pharmacies that supplied drug rings.
The investigators were ready to come down hard on the fifth-largest public corporation in America, according to a joint investigation by The Washington Post and “60 Minutes.”
The DEA team — nine field divisions working with 12 U.S. attorney’s offices across 11 states — wanted to revoke registrations to distribute controlled substances at some of McKesson’s 30 drug warehouses. Schiller and members of his team wanted to fine the company more than $1 billion. More than anything else, they wanted to bring the first-ever criminal case against a drug distribution company, maybe even walk an executive in handcuffs out of McKesson’s towering San Francisco headquarters to send a message to the rest of the industry.
“This is the best case we’ve ever had against a major distributor in the history of the Drug Enforcement Administration,” said Schiller, who recently retired as assistant special agent in charge of DEA’s Denver field division after a 30-year career with the agency. “I said, ‘How do we not go after the number one organization?’ ”
But it didn’t work out that way.
Instead, top attorneys at the DEA and the Justice Department struck a deal earlier this year with the corporation and its powerful lawyers, an agreement that was far more lenient than the field division wanted, according to interviews and internal government documents. Although the agents and investigators said they had plenty of evidence and wanted criminal charges, they were unable to convince the U.S. attorney in Denver that they had enough to bring a case.
Discussions about charges never became part of the negotiations between the government lawyers in Washington and the company.
“It was insulting,” Schiller said. “Morale has been broken because of it.”
The result illustrates the long-standing conflict between drug investigators, who have taken an aggressive approach to a prescription opioid epidemic that killed nearly 200,000 people between 2000 and 2016, and the government attorneys who handle those cases at the DEA and the Justice Department.
None of McKesson’s warehouses would lose their DEA registrations. The company, a second-time offender, had promised in 2008 to be more diligent about the diversion of its pills to the street. It ultimately agreed to temporarily suspend controlled substance shipments at four distribution centers and pay a $150 million fine.
“Within the ranks, we feel like our system was hijacked,” said Helen Kaupang, a DEA investigator and supervisor for 29 years who worked on the McKesson case in Denver before retiring in September.
While the fine set a record for drug distributors, it is only about $50 million more than the compensation last year for McKesson board chairman and chief executive John H. Hammergren, the nation’s third-highest-paid chief executive. McKesson has 76,000 employees and revenue of almost $200 billion a year, about the same as ExxonMobil.
The Justice Department declined repeated requests for comment.
“The McKesson settlement was a groundbreaking conclusion to a successful multi-district investigation into the role of a distributor’s failure to detect and report suspicious orders, many of which were tied to independent and small chain pharmacy customers ordering opioid medications,” the DEA said in a statement. “More importantly, McKesson accepted responsibility and accepted terms beyond the requirements of the [Controlled Substances Act].”
A senior agency official, who spoke on the condition of anonymity, said the fine was a significant penalty, the company agreed to an independent monitor, and the case prompted McKesson and other distributors to be more diligent about reporting suspicious orders.
“We could have fined them out of existence, or indicted the company and put them out of business,” the official said. “I’d rather have one of the largest drug distributors be the poster child for detection and reporting of suspicious orders.”
At the time of the settlement, McKesson said it had instituted “significant changes” to its program designed to flag suspicious orders of narcotics. “We continue to significantly enhance the procedures and safeguards across our distribution network to help curtail prescription drug diversion while ensuring patient access to needed medications,” Hammergren said in a statement.
The company also has said that addressing the opioid problem requires the cooperation of everyone involved — doctors, pharmacists, distributors and manufacturers.
In a recent interview, Geoffrey E. Hobart, McKesson’s lead attorney, said that the prospect of criminal charges or a $1 billion fine against the company were never raised by government lawyers during nearly three years of negotiations.
“While I am not privy to any of the government team discussions that may have taken place behind closed doors in this particular settlement, I can tell you that the DEA investigators, the U.S. attorney’s offices and others would have had plenty of opportunity to raise their views during the process,” said Hobart, a former federal prosecutor who is now a partner at Covington, one of the most influential law firms in Washington. “While individual DEA investigators and agents are entitled to their opinions, their agency may ultimately take a different view.”
“If the lawyers for the government believed there was criminal conduct here, they would have told me about it,” Hobart added. “That would have increased the leverage they had, and that never happened.”
DEA investigators, agents and supervisors who worked on the McKesson case said the company paid little or no attention to the unusually large and frequent orders placed by pharmacies, some of them knowingly supplying drug rings.
Instead, the DEA officials said, the company raised its own self-imposed limits, known as thresholds, on orders from pharmacies and continued to ship increasing amounts of drugs in the face of numerous red flags.
“They had multiple chances to correct their behavior going back to the Internet pharmacy days. They promised everyone they were going to correct their behavior, and a year or two later, they were doing it again,” said Jim Geldhof, a DEA program manager who worked on the McKesson case in Detroit before retiring in 2015 after a 43-year career. He is now advising law firms suing opioid manufacturers and distributors, including McKesson.
The DEA agents and investigators contend that lawyers stationed at the chief counsel’s office in the agency’s Division of Diversion Control were “intimidated” and retreated from the battle with McKesson and its legal team, which included a former top DEA official from that division.
Schiller said DEA lawyers would repeatedly ask: “Why would you go after a Fortune 50 company that’s going to cause all these problems with Ivy League attorneys, when we can go after other [DEA registration holders] that are much lower, that are going to put up no fight?
“And I said, ‘That’s exactly why you want to go after McKesson. They’re the prize. They’re the ones that are going to send a message to the thousands of mom-and-pops, to other big distributors, to the manufacturers, that this is no longer acceptable.’ ”‘The pills kept coming’
In 2008, McKesson paid a $13.25 million fine for failing to report hundreds of suspicious hydrocodone orders from Internet pharmacies — even after being warned by the DEA three years earlier that it was shipping excessive amounts of the drug commonly called Vicodin. The online pharmacies took orders from customers who had obtained bogus prescriptions, resulting in criminal prosecutions.
“By failing to report suspicious orders for controlled substances that it received from rogue Internet pharmacies, the McKesson Corporation fueled the explosive prescription drug abuse problem we have in this country,” then-DEA Administrator Michele M. Leonhart said in a statement announcing the settlement.
As part of its agreement with the Justice Department, McKesson pledged to temporarily suspend distribution of narcotics from two of its 30 distribution centers and to improve its system for monitoring and reporting suspicious drug orders.
McKesson caught the attention of the DEA again in 2012, when state and local law enforcement began to investigate Platte Valley Pharmacy in Brighton, Colo., a suburb 25 miles northeast of Denver on the banks of the Platte River. The population was 38,000.
Pharmacist Jeffrey Clawson was selling as many as 2,000 pain pills per day.
With state and local law enforcement, the DEA’s Denver field division began a criminal investigation into Clawson, making undercover buys and monitoring the size of his drug purchases.
Most of the drugs came from McKesson’s warehouse in Aurora, northeast of Denver, records show. Under federal law, McKesson is required to notify the DEA about any orders of unusual size, frequency or pattern and hold off on shipping the drugs until those issues are resolved.
But McKesson filled 1.6 million orders from the Aurora warehouse and reported only 16 as suspicious between June 2008 and May 2013. None of the 16 involved Platte Valley, and the company reported them only after the DEA began its investigation.
“We would have a pharmacy in a small town out in Colorado, 200 miles from Denver, that is getting the same number of pills or perhaps exceeding a pharmacy that is located next to a medical center in the city of Denver,” said Kaupang, the DEA investigator who worked on the Colorado case. “There was no legitimate reason for that pharmacy in that little town in remote Colorado to be getting hundreds of thousands of pills over a several-year period. None. There was no justifiable reason.
“And yet, the pills kept coming.”
Clawson ordered so much oxycodone that he repeatedly bumped up against thresholds McKesson had set for his pharmacy. The company raised those limits and sent him more, DEA agents and investigators said.
“The company would raise thresholds so pharmacies could order more pills without setting off suspicious monitoring alarms inside the company,” Kaupang said. “Did they think we wouldn’t look at them again? I don’t know. But they almost acted that way.”
Hobart, McKesson’s lawyer, denied that the company raised thresholds to avoid scrutiny.
Schiller and his DEA colleagues in Denver believed they had enough information, at a minimum, to bring an administrative complaint against McKesson that could result in stiff fines and the revocation of the Aurora distribution center’s registration to handle controlled substances.
In December 2012, the DEA asked attorneys at headquarters to issue an “immediate suspension order” against McKesson, an enforcement tool reserved for the most serious threats to public health and safety, Schiller and Kaupang said.
But the immediate suspension order was never approved. Schiller said lawyers at DEA headquarters told him he needed more evidence that the drugs from the warehouse were posing an immediate danger to public health and safety.
“They said, ‘You don’t have enough evidence to prove it’s an immediate danger,’ but they created the lack of immediacy because they delayed the case for nearly a year,” Schiller said. “They were just looking for an excuse not to issue the order.”
The senior DEA official contended that the Denver field division did not submit documents supporting the request for the immediate suspension order until February 2013. Agency lawyers in headquarters did not believe the company’s threat to the public could be considered “immediate” because too much time had passed, the official said.
The investigators tried again in March 2014, this time seeking an “order to show cause” that would bring McKesson to a hearing, where the DEA could argue for the need to halt drug shipments from Aurora before an administrative law judge.
But DEA attorneys declined to approve that request, as well. Schiller said he was told that he still needed more evidence — even after he said the team submitted eight boxes of documents to the attorneys.
“It still wasn’t enough,” Schiller said.
The senior DEA official said that settlement negotiations with McKesson had begun and the show-cause order would have interfered with the talks.
At the same time the administrative case against McKesson was languishing, the criminal case against Clawson was moving ahead.
A Colorado grand jury had indicted him in 2013 along with 14 others on drug trafficking charges. The indictment noted that McKesson was the main supplier of Platte Valley Pharmacy and said that the company had an obligation to report suspicious orders of narcotics to the DEA.
“From 2008-2011, the percentage increase for oxycodone 30 mg orders supplied by McKesson to Platte Valley Pharmacy was approximately 1,469%,” the grand jury wrote.
Clawson was convicted on drug trafficking charges and is serving a 15-year sentence. McKesson was not charged in the indictment.
‘The gloves came off’
As Schiller’s team was examining the Aurora warehouse, he took steps to broaden the investigation beyond Colorado to determine whether McKesson was ignoring the agreement it had reached with the Justice Department in 2008 to tighten its procedures. Schiller and the Denver DEA division took the lead as eight divisions in other parts of the country began to collect information on McKesson’s activity.
In all, the DEA would pursue administrative cases involving 12 McKesson distribution centers. A DEA memo outlined the investigative findings:
●“Supplied controlled substances in support of criminal diversion activities.”
●“Ignored blatant diversion.”
●“Pattern of raising thresholds arbitrarily.”
●“Failed to review orders for suspicious activity.”
●“Ignored own procedures designed to prevent diversion.”
In addition to Aurora, investigators found that McKesson warehouses in Livonia, Mich., and Washington Court House, Ohio, were supplying pharmacies that sold to criminal drug rings, according to internal government documents obtained by The Post and “60 Minutes.”
As they were working on the administrative cases, Schiller and Joseph T. Rannazzisi, who led the DEA’s diversion office during part of the McKesson case, said investigators also were compiling information in preparation for a potential criminal case against the corporation for knowingly supplying the corrupt pharmacies.
In the summer of 2015, “on two occasions, I was briefed by my staff, and talked to the Denver field division, and they believed they had more than enough to go after the corporation criminally,” said Rannazzisi, who now works as a consultant to lawyers suing drug companies.
John F. Walsh, then the U.S. attorney in Denver, said he had discussions with Schiller and others about possible criminal charges against McKesson.
“We were not presented with a case that had adequate evidence,” said Walsh, now a partner at WilmerHale, a global law firm.
Schiller said that his team had amassed “more than enough” evidence and presented it to Walsh.
“I said, ‘We have everything we could possibly want on a silver platter,’ ” Schiller said. “We had corrupt pharmacies that were being supplied by McKesson, and they were turning a blind eye to everything that was going on.”
In a recent response to The Post, a McKesson spokeswoman said, “We categorically deny any criminal intent or the violation of any criminal law in our handling of opioids, and in our discussions with the government, they never suggested otherwise.”
In October 2014, Schiller requested a meeting at DEA headquarters in Arlington, Va. On one side of the table were DEA Chief Counsel Wendy Goggin and Clifford Lee Reeves II, the associate chief counsel. On the other side sat Schiller and his agents and investigators.
The meeting started off on a cordial note as they began to review the facts of the case.
“And then the gloves came off,” Schiller said. “It was one of the most stressful conversations I’ve ever had in my life.”
Reeves declined to comment, and the DEA declined to make Goggin available for an interview.
“They were attacking the things we did, how we did it,” Schiller recalled. “Not one time did they say, ‘All right, here’s what else we need. It’s been a great case. We know about the previous settlement.’ That never came up. It was, ‘We are going to settle.’ ”
‘I have a bad feeling’
With a settlement looming, representatives of the nine DEA division offices descended on the agency’s headquarters a month later, in November 2014, to make sure that their attorneys knew they wanted take a hard line against McKesson.
“It is clear that [McKesson] does not appreciate the gravity or extent of their violations,” the group wrote in an internal document obtained by The Post and “60 Minutes.”
They demanded four-year “surrenders” of McKesson’s DEA registrations to distribute controlled substances in Washington Court House, Livonia and Aurora, as well as two-year surrenders in Methuen, Mass., and Lakeland, Fla.
The company balked. McKesson’s lawyer, Hobart, called the proposed surrenders a “dealbreaker,” according to an internal Justice Department memo.
McKesson insisted that its registrations be “suspended” rather than “surrendered,” the memo said. A surrender would cost the company accreditations it needed for state regulatory boards, and McKesson would have to reapply for DEA registrations when the penalties expired. That would trigger a new round of inspections of company operations.
A suspension would allow each warehouse to keep its registration.
McKesson wanted something else as part of a settlement: A provision that would allow the Livonia and Washington Court House distribution centers to continue to send drugs to facilities that serve the federal prison system, Veterans Affairs and the Indian Health Service. McKesson holds a $31 billion federal contract to supply VA centers and other sites.
But some DEA officials wanted to take a hard line with the company because it had already been sanctioned for its behavior in 2008, documents show.
“Notwithstanding, their bad acts continued and escalated to a level of egregiousness not seen before,” Imelda L. Paredes, a DEA official working on the case, wrote in a memo on March 30, 2015. “They were neither rehabilitated nor deterred by the 2008 [agreement].”
She also noted that McKesson received an exception for VA in 2008. She said that allowing McKesson to continue to distribute narcotics was “inconsistent with the public interest.”
“How then, can the Government say it is inconsistent with the public interest for McKesson to distribute to the general public; however, they are ‘good enough’ to serve veterans?”
McKesson and government officials argued that punishing the company would disrupt the flow of drugs and hurt veterans. But Paredes and other DEA officials said there would be no disruption if the contract was turned over to one of McKesson’s competitors, Cardinal Health or AmerisourceBergen.
“Find other distributors,” Paredes wrote.
The next day, Schiller wrote to Paredes, saying he had heard that the DEA and the Justice Department were on the verge of settling instead of taking the company to court.
“I have a bad feeling about this,” he wrote to her on March 31, 2015.
Paredes replied that she was being overruled by lawyers in the DEA’s legal office.
“I’m totally against settling, but how do we hold their feet to the fire if counsel refuses to litigate?” Paredes wrote. “Our attorneys have us over a barrel with their refusal to go to court.”
Paredes, who has left the DEA, declined to comment.
Schiller’s fears were justified. The same day that Schiller wrote to Paredes, Arthur G. Wyatt, chief of the Justice Department’s Narcotic and Dangerous Drug Section, recommended in an internal document that McKesson’s registrations should be suspended but not surrendered. It was a big win for the company. Wyatt said that the assistant U.S. attorneys working on the case believed that suspensions were “satisfactory” in light of the “overall scope of the settlement.”
In September 2015, McKesson and the government reached a tentative settlement. McKesson’s registrations would be suspended in Aurora for three years, in Washington Courthouse for two and in Livonia for two. The company would be barred from distributing for one year one type of narcotic, hydromorphone, from its Lakeland, Fla., warehouse.
There would be no criminal charges. No administrative case. No $1 billion fine.
The case took more than a year to come to a conclusion. In January, the Justice Department announced that it had finalized a deal with McKesson that included the $150 million fine and the four warehouse suspensions. The company also agreed to increase staffing and retain an independent monitor to assess its compliance.
Schiller said he and his team were left demoralized.
“It’s on the front lines of everybody’s dinner table conversation, kids, adults,” he said. “McKesson was at the forefront. But DEA wasn’t going to go after them? We were going to settle. How do you settle? How do you say it’s okay, just ‘Here, write this check this time and — and close this place for a little bit, sign this piece of paper.’ ”
In Washington, the House Energy and Commerce Committee has begun an investigation into how drug distributors, including McKesson, sent 780 million pills over six years into West Virginia — 433 doses for every man, woman and child in the state. Sen. Claire D. McCaskill (D-Mo.) has also launched an investigation into the role of drug distributors and manufacturers in the opioid epidemic.
Across the country, 41 state attorneys general have banded together to sue the opioid industry.
“One of the things we have to do is begin to hold the pharmaceutical companies accountable,” said Sen. Maggie Hassan (D-N.H.), whose state suffers from the second-highest drug overdose rate in the nation. “Right now, when you see a fine for the McKesson company for a hundred-fifty million when they make a hundred million a week in profits, that isn’t going do it.”
She noted that it was state attorneys general who had won a settlement against the tobacco industry for more than $200 billion in the 1990s.
“This in many ways reminds me of the situation with Big Tobacco,” Hassan said. “I think it’s one of the reasons you see attorneys general around the country beginning to file lawsuits against the pharmaceutical industry, to hold them accountable for the cost of this terrible epidemic.”
Alice Crites contributed to this report.

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Whistleblowers: DEA attorneys went easy on McKesson, the country’s largest drug distributor

Dec 17, 2017 | CBS News

By Bill Whitaker

Link to 60 Minutes segment: https://www.cbsnews.com/news/whistleblowers-dea-attorneys-went-easy-on-mckesson-the-countrys-largest-drug-distributor/
In October, we joined forces with the Washington Post and reported a disturbing story of Washington at its worst - about an act of Congress that crippled the DEA's ability to fight the worst drug crisis in American history - the opioid addiction crisis. Now, a new front of that joint investigation. It is also disturbing. It's the inside story of the biggest case the DEA ever built against a drug company: the McKesson Corporation, the country's largest drug distributor. It's also the story of a company too big to prosecute.
In 2014, after two years of painstaking inquiry by nine DEA field divisions and 12 U.S. Attorneys, investigators built a powerful case against McKesson for the company's role in the opioid crisis.
Our reporting turned up the leader of the DEA team, David Schiller, who tells for the first time how his investigators hit a brick wall in Washington when they tried to hold the powerful company accountable.
David Schiller: This is the best case we've ever had against a major distributor in the history of the Drug Enforcement Administration. How do we not go after the number one organization? In the height of the epidemic, when people are dying everywhere, doesn't somebody have to be held accountable? McKesson needs to be held accountable.
Holding McKesson accountable meant going after the 5th largest corporation in the country. Headquartered in San Francisco, McKesson has 76,000 employees and earns almost $200 billion a year in revenues, about the same as Exxon Mobil. Since the 1990s, McKesson has made billions from the distribution of addictive opioids.
David Schiller: I was with DEA for over 30 years. I was the Assistant Special Agent in Charge for the Denver Field Division.
Bill Whitaker: How many people did you supervise?
David Schiller: Approximately 100.
Before he retired in August, Schiller had supervised investigations in drug trafficking and money laundering cases, but he considered the case against McKesson to be the single most important investigation of his lifetime.
Bill Whitaker: What did they do that was wrong?
David Schiller: The issue with McKesson was they were providing millions and millions and millions of pills to countless pharmacies throughout the United States, and they did not maintain any sort of due diligence. This wasn't just happening in Denver, Colorado. This was happening in Los Angeles, California. It was happening in Detroit, Michigan. It was happening in New York City. It was a national problem and nobody wanted to deal with it.
McKesson told us when it comes to the opioid crisis and pills flooding into American communities, there's plenty of blame to go around: drug makers; other distributors; doctors; pharmacies, all played a role.
But in 2008, McKesson agreed to pay $13.3 million in fines for failing to report huge orders of hydrocodone to shady internet pharmacies. After that settlement, the company promised to do a better job of monitoring shipments of controlled substances. Now, special agent Schiller and his team had caught McKesson again shipping suspicious orders of opioids.
DEA investigators discovered that McKesson was supplying pharmacies and doctors, that were fronts for criminal drug rings and pills were ending up on the black market.
David Schiller: And everybody kept saying, "It's just a prescription drug. It's a pill. It's a liquid. What's the big deal?" And I would say, "They're killing people." And their motive? This is all for financial gain. That's the problem.
Bill Whitaker: One of the Former D.E.A. Administrators said that the McKesson Corporation has fueled the explosive prescription drug abuse problem in this country. Do you agree with that?
David Schiller: 100%. If they woulda stayed in compliance with their authority and held those that they're supplying the pills to, the epidemic would be nowhere near where it is right now. Nowhere near.
Bill Whitaker: So you decided to take a swing at a hornet's nest.
David Schiller: I knew that if we could get to the distributor, we could make a great impact for the United States citizens immediately. Immediately.
McKesson delivers more than 1/3 of all medicines in the U.S. from a network of 30 warehouses around the country. The DEA requires drug distributors to identify, stop and report orders of unusual size or frequency to the agency - something Schiller says McKesson did not do until the company learned it was under investigation.
David Schiller: They had hundreds of thousands of suspicious orders they should have reported, and they didn't report any. There's not a day that goes by in the pharmaceutical world, in the McKesson world, in the distribution world, where there's not something suspicious. It happens every day.
Bill Whitaker: And they had none.
David Schiller: They weren't reporting any. I mean, you have to understand that, nothing was suspicious?
In one case, DEA investigators discovered that McKesson was shipping the same quantities of opioid pills to small-town pharmacies in Colorado's San Luis Valley as it would typically ship to large drugstores next to big city medical centers.
Helen Kaupang: McKesson is supplying enough pills to that community to give every man woman and child a monthly dose of 30 to 60 tablets. Is that not shocking? I found it shocking.
Helen Kaupang, retired from the DEA this fall after 29 years as an investigator and supervisor. She worked with Schiller on this investigation. She says the delivery of so many pills to such small towns should have set off alarms at McKesson.
Helen Kaupang: There was no legitimate reason for that pharmacy in that little town in remote Colorado to be getting hundreds of thousands of pills over a several-year period. None.
Bill Whitaker: Did McKesson know this, or should McKesson have known this--
Helen Kaupang: Absolutely. It was their customer. They were supplyin' it. It was just outrageous. They were turning a blind eye to the very problem that we were trying to address.
Kaupang said to get around reporting suspiciously large orders, at the time, McKesson would simply raise the limit a pharmacy was allowed. No order, no matter how large, was ever reported as suspicious.
Bill Whitaker: They would set a threshold. And if they surpass their own threshold--
Helen Kaupang: Yes.
Bill Whitaker: They would just bump up the threshold to meet this new higher number?
Helen Kaupang: Yes.
Bill Whitaker: So they rigged the system.
David Schiller: Absolutely. Absolutely.
Bill Whitaker: And to be clear here, we're talking addictive opioids.
David Schiller: Highly addictive, Oxycodone and Hydrocodone in particular. That's what we're talking about. The most commonly prescribed and abused controlled substance in the United States.
Bill Whitaker: McKesson would say they're just supplying the doctors and the pharmacies. They're giving them the prescriptions they are allowed to have. How are they wrong?
David Schiller: Because they are going above and beyond those thresholds without any due diligence, with reckless regard and they don't consider any of that suspicious?
A 2014 DEA memo that outlined the investigative findings from all the field offices, obtained by 60 Minutes and the Washington Post, said McKesson, had a pattern of "dramatic increases in thresholds without justification..." And had "supplied controlled substances in support of criminal...Activities" to pharmacies.
David Schiller: I mean the president declared a public health emergency. It's on the front lines of everybody's dinner table conversation. There's not a bigger problem we have in the United States. And who led to the problem? McKesson was at the forefront.
With the opioid epidemic getting worse year by year, special agent Schiller and his team wanted to send a message to the pharmaceutical industry by hitting McKesson hard. They wanted to fine the company more than a billion dollars, revoke registrations to distribute controlled substances, and, more than anything, put a McKesson executive behind bars. But Schiller says, attorneys for the DEA and the Department of Justice retreated at the thought of going against McKesson and its high-powered legal team.
Bill Whitaker: Did a DEA attorney actually tell you that they were not going to pursue McKesson because they had lawyers who had gone to Harvard and Yale?
David Schiller: They told me those exact words, because the case would take too much time and too much effort and, by the way, "What if we lost?" I said, "What if you lost?" I go, "You-- you can't have a better case on a silver platter."
Bill Whitaker: Were they scared?
David Schiller: Yes.
Bill Whitaker: Scared of going after McKesson?
David Schiller: A better word might be "intimidated."
This was at the time whistleblower Joe Ranazzisi, the DEA's then deputy assistant administrator, was sounding alarms that the DEA and Congress were bending to the will of the pharmaceutical industry. In our October report, he told us Justice Department attorneys were pressing him and his investigators to take a softer approach toward the industry.
Bill Whitaker: The summer of 2014 -- you get a request to play nice with the pharmaceutical industry.
Joe Ranazzisi: Yes.
Bill Whitaker: What do you think of that?
Joe Ranazzisi: I didn't think it was appropriate. We told 'em what they need to do. We told 'em what compliance is and how to comply with the act. We met these people over and over again. The time for meetings and reports are over. You either comply or you lose your registration.
But in the McKesson case, negotiations with company attorneys went on for more than two years. In the end, instead of the billion-dollar fine DEA investigators wanted, the company was fined $150 million. That was a record for the DEA, but Schiller called it a slap on the wrist for a fortune five company and a second-time offender.
David Schiller: There was backdoor deals being cut that we didn't know about, I didn't know about, and I was representing DEA nationally on the investigation at the highest level. How do you settle? How do you say it's okay just, "Here, write this check this time and-- and close this place for a little bit, sign this piece of paper." How do you do that? No. Put 'em in jail. You put the people that are responsible for dealing drugs, for breaking the law, in jail. Nobody's in jail. They wrote a check.
Bill Whitaker: Did you think McKesson was getting special treatment?
David Schiller: I don't think -- I know they were getting special treatment. They were getting treatment like I'd never seen in my 30-year career.
Getting special treatment, he said, from lawyers at his agency. In an e-mail, a member of DEA's senior leadership team, who sided with Schiller, told him she was overruled.
"David... I am totally against settling," she wrote, "but how do we hold their feet to the fire...? Our attorneys have us over a barrel with their refusal to go to court."
David Schiller: There is not a man or woman in DEA today that's happy with the settlement and morale has been broken because of it.
Bill Whitaker: Why did you ultimately decide to sit down and talk to us?
David Schiller: I saw what's happening to our country now with this epidemic. I saw the limitations being placed on it-- on us by our own people and chief counsel fighting with our own agents and investigators. And I know I'm gonna make a lotta enemies, because people don't like to hear the truth. I'm doing it because the truth needs to be told.
Schiller pointed out to us the $150 million fine was only about $50 million more than McKesson CEO, John Hammergren's compensation last year. He was the third-highest paid CEO in the country; only Tim Cook of Apple, and Reed Hastings of Netflix earned more. In the last earning period McKesson's revenues were up $8 billion.
We wanted to speak to a McKesson representative on camera but they declined. But in a statement, McKesson said, "In the interest of moving beyond disagreements… The company agreed to settle with the DEA and DOJ." And McKesson promised to do a better job flagging suspicious orders.
We asked the DEA about allegations its attorneys went easy on McKesson. A spokesperson told us the agreement was a good deal; that the priority was to get McKesson to do the right thing going forward. And now an independent monitor has been put in place to watch McKesson more closely.
Maggie Hassan: The pharmaceutical industry is doing everything it can to keep this epidemic going.
Bill Whitaker: That's pretty strong.
Maggie Hassan: Yeah. It is.
New Hampshire Senator Maggie Hassan has been critical of Congress for not aggressively investigating industry's role in this epidemic. New Hampshire has the second highest rate of drug overdose deaths in the country.
Bill Whitaker: What more is it going to take to convince Congress to act?
Maggie Hassan: Well, one of the things we have to do is begin to hold the pharmaceutical companies accountable for this. And right now, when you see a fine for the McKesson Company of $150 million when they make a $100 million a week in profits, that isn't gonna do it.
Bill Whitaker: What incentive do they have to change their behavior?
Maggie Hassan: Well, right now, they don't have a lot of incentives and that's something that has to be changed. This in many ways reminds me of the situation with big tobacco-- and, you know, I think it's one of the reasons you see attorneys general around the country--beginning to file lawsuits against the pharmaceutical industry--to hold them accountable for the cost of this terrible epidemic.
41 state attorneys general have banded together to sue the opioid industry. While at McKesson, John Hammergren begins his 18th year as CEO. This year, the board awarded him an additional $1.1 million performance bonus. A bonus based on ethics and accountability.
Produced by Ira Rosen and Sam Hornblower. Associate Producers, Alex J. Diamond and LaCrai Mitchell.

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Denver-based DEA opioid probe of McKesson was 'hijacked,' says Washington Post-'60 Minutes' report

Dec 17, 2017 | Denver Business Journal

By Mark Harden

After years of investigation of McKesson Corp., led by a Denver-based Drug Enforcement Administration team, over the pharmaceutical giant's distribution of powerful opioid drugs in Colorado and elsewhere, DEA agents say they thought they had gathered enough evidence to warrant criminal charges, fines of more than $1 billion and blocking distribution of opioid pain pills from McKesson warehouses in Aurora and elsewhere.
The DEA probe examined whether San Francisco-based McKesson (NYSE: MCK) failed to report suspicious orders of addictive opioid pain pills by pharmacies that in turn were supplying drug rings for illegal sale. The probe focused on the company's Aurora warehouse initially.
“This is the best case we’ve ever had against a major distributor in the history of the [DEA]," David Schiller, who was assistant special agent in charge of the DEA’s Denver field division until his recent retirement, told the Washington Post.
Instead, "top attorneys at the DEA and the Justice Department struck a deal earlier this year with the corporation and its powerful lawyers, an agreement that was far more lenient than the [DEA] field division wanted," according to a report Sunday by the Post.
McKesson's attorneys reached agreement with federal lawyers that it would pay fines of $150 million, temporarily suspend drug shipments at four of its 30 distribution centers, and step up efforts to detect and report suspicious drug orders. The possibility of criminal charges and a $1 billion fine were never discussed in negotiations over the settlement, the Post report says.
Schiller told the Post the outcome was "insulting. ... Morale has been broken because of it.”
“Within the ranks, we feel like our system was hijacked,” Helen Kaupang, a DEA investigator and supervisor who retired three months ago, told the Post.
In a statement to the Post, McKesson said: "We categorically deny any criminal intent or the violation of any criminal law in our handling of opioids, and in our discussions with the government, they never suggested otherwise.”
The Post and CBS' 60 Minutes jointly reported on the DEA's McKesson probe and its outcome. 60 Minutes was planning to air a version of the joint report on its Sunday night broadcast.
At one stage, says the Post report Sunday, the DEA focused on Brighton pharmacist Jeffrey Clawson, whose pharmacy sold as many as 2,000 prescription pain pills a day, most of them supplied by McKesson's Aurora warehouse. Clawson in 2014 was sentenced to 15 years in prison following his conviction on state drug trafficking charges.
Yet McKesson did not report the large drug orders from Clawson as suspicious, the Post story says. McKesson was not charged in the Clawson case.
The Post report said Schiller and others presented evidence on McKesson to then-U.S. Attorney for Colorado John Walsh that the DEA team believed justified criminal charges.
But Walsh -- an Obama administration appointee who is now a partner with law firm WilmerHale -- told the Post that "we were not presented with a case that had adequate evidence" to merit criminal charges.
Bloomberg reported Dec. 8 on a McKesson shareholder lawsuit over the company's oversight of its opioid shipments. A McKesson spokeswoman said the suit's claims are "unproven allegations" that the company "will address through the legal process."
"From 1999 to 2015, more than 183,000 people died in the U.S. from overdoses related to prescription opioids," the federal Centers for Disease Control and Prevention report.

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WaPo: Ex-DEA Agents Say DOJ Undercut Largest Opioid Bust Ever

Dec 17, 2017 | Newsmax

By Eric Mack

A potentially huge Drug Enforcement Agency opioid case against the nation's largest drug company sought a fine in excess of $1 billion for distribution of controlled substances but was reduced to just $150 million by a Justice Department settlement, an "insult" to the DEA's work, The Washington Post reported.
"Within the ranks, we feel like our system was hijacked," now-retired DEA investigator Helen Kaupang, who worked the case, told the Post.
The charges against McKesson Corp were never broached in the settlement between the DOJ and the high-powered corporate lawyers.
"It was insulting," retired DEA special agent David Schiller, whose Denver field office led the probe, told the Post. "Morale has been broken because of it."
The DEA had hoped for the first-ever criminal charges, if not a conviction, against a major drug distributor to send a message to the industry amid the U.S. opioid crisis, but failed to convince the DOJ the charges would warrant an indictment.
"This is the best case we've ever had against a major distributor in the history of the Drug Enforcement Administration," Schiller told the Post. "I said, 'How do we not go after the number one organization?'"
Under the DOJ deal, McKesson warehouses would not lose DEA registrations, but the company agreed to temporarily suspend controlled substance shipments at four distribution centers and pay a $150 million fine.
"While the fine set a record for drug distributors, it is only about $50 million more than the compensation last year for McKesson board chairman and chief executive John H. Hammergren, the nation's third-highest-paid chief executive," the Post reported. "McKesson has 76,000 employees and revenue of almost $200 billion a year, about the same as ExxonMobil."
The fine was sufficient, according to a senior DEA official, despite the disappointment of the retired investigators above who had spoken to the Post.
"We could have fined them out of existence, or indicted the company and put them out of business," the official told the Post on the condition of anonymity. "I'd rather have one of the largest drug distributors be the poster child for detection and reporting of suspicious orders."
Schiller reportedly was encouraged to go after a smaller distributor who would not have the budget for big-time lawyers.
"And I said 'that's exactly why you want to go after McKesson – they're the prize," Schiller told the Post. "They're the ones that are going to send a message to the thousands of mom-and-pops, to other big distributors, to the manufacturers, that this is no longer acceptable."

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’60 MINUTES’, THE WASHINGTON POST LOOK INTO THE DEA’S BIGGEST OPIOID CASE

Dec 18, 2017 | The Source

By Sha Be Allah

After two years of painstaking investigation, David Schiller and the rest of the Drug Enforcement Administration team he supervised were ready to move on the biggest opioid distribution case in U.S. history.
The team, based out of the DEA’s Denver field division, had been examining the operations of the nation’s largest drug company, McKesson Corp. By 2014, investigators said they could show that the company had failed to report suspicious orders involving millions of highly addictive painkillers sent to drugstores from Sacramento, California, to Lakeland, Florida. Some of those went to corrupt pharmacies that supplied drug rings.
The investigators were ready to come down hard on the fifth-largest public corporation in America, according to a joint investigation by The Washington Post and 60 Minutes.
The DEA team – nine field divisions working with 12 U.S. attorney’s offices across 11 states – wanted to revoke registrations to distribute controlled substances at some of McKesson’s 30 drug warehouses. Schiller and members of his team wanted to fine the company more than $1 billion. More than anything else, they wanted to bring the first-ever criminal case against a drug distribution company, maybe even walk an executive in handcuffs out of McKesson’s towering San Francisco headquarters to send a message to the rest of the industry.
“This is the best case we’ve ever had against a major distributor in the history of the Drug Enforcement Administration,” said Schiller, who recently retired as assistant special agent in charge of DEA’s Denver field division after a 30-year career with the agency. “I said, ‘How do we not go after the number one organization?’ ”
But it didn’t work out that way.
Instead, top attorneys at the DEA and the Justice Department struck a deal earlier this year with the corporation and its powerful lawyers, an agreement that was far more lenient than the field division wanted, according to interviews and internal government documents. Although the agents and investigators said they had plenty of evidence and wanted criminal charges, they were unable to convince the U.S. attorney in Denver that they had enough to bring a case.
Discussions about charges never became part of the negotiations between the government lawyers in Washington and the company.
“It was insulting,” Schiller said. “Morale has been broken because of it.”

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Former Agent Claims DEA Caved To Political Pressure, Failed To Prosecute Opioid Pushers

Dec 18, 2017 | The Daily Caller

By Nick Givas

Former DEA special agent David Schiller sat down with “60 Minutes” Sunday, and claimed the Drug Enforcement Administration (DEA) was too “intimidated” to prosecute one of the nation’s largest opioid manufactures.
McKesson Corporation is a pharmaceutical company headquartered in San Francisco. They are the fifth-largest public corporation in the United States and took in almost $200 billion in revenue last year, according to CBS. Schiller spent two years investigating the company for distribution violations, and each time he tried to close the case, he was met with resistance from his superiors.
“This is the best case we’ve ever had against a major distributor in the history of the Drug Enforcement Administration. How do we not go after the number one organization, in the height of the epidemic,” he said. “Doesn’t someone have to be held accountable? McKesson needs to be held accountable.”
During his investigation, Schiller discovered McKesson was distributing millions of pills to pharmacies nationwide, and turning a blind eye to the suspiciously high quantity of medication being requested.
“They did not maintain any sort of due diligence,” he said. “It was happening in Los Angeles, it was happening in Detroit Michigan, it was happening in New York City. It was a national problem and nobody wanted to deal with it.”

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Northeast (MA, MD, NY, PA)

New England City Sues Opioid Makers And Distributors

Dec 17, 2017 | Associated Press

By Staff

Greenfield filed a federal lawsuit Thursday against several distributors and manufacturers of opioid medications, joining a growing list of municipalities and states seeking to recoup the cost of dealing with the epidemic.
The city is the first municipality in Massachusetts to file such a suit, said Pete Merrigan, of Sweeney Merrigan, the city's law firm. Dozens of states, counties, municipalities and even hospitals across the country have filed similar lawsuits.
The city, home to 18,000 residents, seeks unspecified damages caused by the opioid epidemic, including the costs of providing medical care and treatment for the addicted.
"Let's stop kidding ourselves and have them own up to their obligation to be compliant with the law, which would prevent community addiction," Greenfield Mayor William Martin told The Recorder newspaper.
The city seeks to "eliminate the hazard to public health and safety" caused by the opioid epidemic and recover money spent "because of defendants' false, deceptive and unfair marketing," according to the suit filed in U.S. District Court in Springfield.
One of the nearly two dozen defendants is Connecticut-based Purdue Pharma, the developer of OxyContin.
"We are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution," the company said in a statement. "We vigorously deny these allegations."
Northwestern District Attorney David Sullivan, the prosecutor whose jurisdiction includes Greenfield, endorsed the lawsuit.
"Opioid manufacturers and distributors need to be held accountable for their outrageous sales and marketing practices," Sullivan said in a statement.
The Massachusetts attorney general is part of a multistate coalition investigating whether drug-makers sought to increase profits by misrepresenting the dangers of prescription painkillers and ignoring the public health risks of spiking opioid sales, but a spokeswoman says no lawsuit has been filed.
The city of Quincy indicated in late October that it intended to sue opioid manufacturers, but a spokesman for Mayor Thomas Koch said no suit had been filed as of Friday.
Sweeney Merrigan represents several other Massachusetts cities considering lawsuits, Merrigan said.

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Greenfield Files Suit Against Opioid Manufacturers And Distributors

Dec 16, 2017 | WAMC Northeast Public Radio (MA)

By Lucas Willard

The western Massachusetts city of Greenfield is the first in the state to sue opioid manufacturers and distributors.
The Franklin County community of about 18,000 residents has been impacted by the heroin and opioid addiction crisis.
The Berkshire Eagle reports Greenfield seeks to "eliminate the hazard to public health and safety" caused by the opioid epidemic.
The federal lawsuit filed Thursday is similar to suits filed by municipalities across the country.

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Greenfield, Mass., Files Suit Against Drug Companies Over Opioid Crisis

Dec 15, 2017 | New England Public Radio

By Alden Bourne

Greenfield, Massachusetts, has filed a lawsuit against pharmaceutical manufacturers in U.S. District Court, arguing they intentionally understated the addictive nature of opioids.
The suit also contends that distributors allowed the drugs to be far more widely prescribed than state and federal law dictates.
Lawyer Peter Merrigan represents Greenfield.
"We're looking to achieve compensation for the hard economic costs that have been sustained by the city of Greenfield for things such EMS, law enforcement, needle exchanges, Narcan," Merrigan said. "But we're also seeking abatement damages for future recovery from this epidemic."
Greenfield is believed to be the first community in the state to file such a lawsuit.
It's joining more than 100 cities, counties and states taking drug companies involved in the opioid market to court.
Merrigan said his firm is drafting similar complaints on behalf of Revere, Methuen and Woburn, Massachusetts. This fall, the mayor of Quincy announced his city planned to file suit.

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Greenfield suing opioid makers, distributors

Dec 15, 2017 | Western Mass News

By Mary Cate Mannion and Ryan Trowbridge

The city of Greenfield is taking on pharmaceutical giants that make and distribute opioids.
The lawsuit claims the companies should have done more to prevent abuse.
Greenfield is the first city in the Bay State to take on big pharma in a lawsuit aimed at raising awareness of opioid addiction and the rising costs of treatment:

"We are diverting money from our police department and board of health and number of city agencies," said Greenfield Mayor William Martin.
Greenfield experienced a spike in overdose deaths in 2015 with the number of fatal overdoses dropping last year to seven.

"There are still too many people dying from overdoses," said Debra McLaughlin with the Opioid Task Force of Franklin County and North Quabbin Region.

McLaughlin said that addiction has hit the rural parts of western Massachusetts hard, and while services like the treatment facility on Federal Street exist, the need is still great.

"What they provide is not enough to meet the demand for treatment. If we had additional resources where we could increase services, it would be amazing," McLaughlin said.

The lawsuit filed by the city goes against several large pharmaceutical companies. We reached out to several and Purdue Pharma released a statement that said in part:
"We are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution...we vigorously deny these allegations and look forward to the opportunity to present our defense."

Mayor martin said that the addiction crisis will not be solved by this weekend, but that it is his hope this lawsuit will not only raise funds, but awareness to an issue that has touched every corner of western Massachusetts.

"It's going to take several years. I'll be long gone, but at least the city of Greenfield will have ventured forward," Martin added.

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Cecil County to pursue suits against opioid makers, wholesalers

Dec 15, 2017 | Delaware Business Now

By Staff

Cecil County Government, MD has retained the Dallas law firm of Baron & Budd, P.C. to investigate and file litigation against wholesale distributors and manufacturers of prescription opioid medication.
The county has long struggled with addiction issues related to opiates.
“I am very passionate and committed to fighting the opioid problem in Cecil County,” stated County Executive Alan McCarthy. “The county has selected Baron & Budd because the firm is a leader in large-scale tort litigation that has achieved successful results in large-scale litigation against both big tobacco and prescription drug manufacturers. Cecil County has the means to hold these distributors and manufacturers accountable for their actions and to stop the influx of these powerful drugs. Due to the targeted and concerted action by the opioid distributors and manufacturers, we intend to seek compensation for all damages caused by their callous behavior. We will do so in a very sensible and prudent way, because the County is being represented on a contingent fee basis that guarantees there will be no cost to the County unless the lawsuit results in equitable and/or monetary award or settlement.”
The purpose of the lawsuit is to seek reimbursement of the costs incurred in the past fighting opioid epidemic and/or recover the funds necessary to abate the health and safety crisis caused by the unlawful conduct of the wholesale distributors.
It has long been claimed that manufacturers knew that that consumption of opiates far exceeded demand indicated in legal prescriptions.
Quoting a white paper prepared by Baron & Budd, P.C., County Attorney Jason Allison points out that “investigation into the operations of both the wholesale distributors and the manufacturers of opioids has shown that these entities have worked hand-in-hand to maximize the number of drugs they have flooded into local communities while completely disregarding their duty to maintain effective controls against diversion and halt suspicious sales of opioids.
According to statistics provided by Raymond Lynn, Cecil County Heroin Coordinator, in Cecil County this year there have been 539 overdoses – 87 percent involving opioids. Of those overdoses, 64 of them resulted in fatalities with 92 percent of the deaths being attributed to opioids. Cecil County has a population of 102,000.
The county sits between drug distribution points in Baltimore and New Castle County, DE.
“The reality is that our officers and emergency services teams are responding to drug-related calls every day. The statistics are frightening. The trauma that is caused to children and families is immeasurable and taking a stand against the opioid distributors is the first step in tackling this problem that is plaguing our County, “ McCarthy stated.

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County announces civil suit against opiate distributors

Dec 18, 2017 | Cecil Whig (MD)

By Katie Tabeling

In the latest strategy in the battle against opioid abuse, county officials announced Friday that they intend to file a civil suit against opiate distributors.
Represented by Baron & Budd P.C., a Dallas-based law firm that specializes in large-scale tort litigation, the county is seeking reimbursement of costs incurred in the past from fighting the opioid epidemic caused by the unlawful conduct of the wholesale drug distributors. Burton LeBlanc of Baron & Budd will represent Cecil County.
The law firm intends to present a damage model that may take the form of money damages or equitable remedies. Although no suit has been filed yet, Baron & Budd will launch an investigation of major drug companies' role in perpetuating the county's opioid problem.
Investigations show that opioid manufacturers and distributors worked in conjunction to “maximize the amount of drugs they have flooded into local communities while completely disregarding their duty” to control their access to illicit drug markets, according to County Attorney Jason Allison.
“The distributors’ and manufacturers’ known violations of these laws give rise to strong claims for significant equitable and monetary relief, for example, distributors of opioid medications are vulnerable to damage claims and penalty actions under theories such as public nuisance, negligence, and RICO,” he said in a prepared statement.
There have been 539 overdoses in the county so far this year, of which 87 percent involved opioids, according to Cecil County Heroin Coordinator Raymond Lynn. Approximately 64 overdoses resulted in a death, with 92 percent of those attributed to opioids.
In a prepared statement, Cecil County Executive Alan McCarthy said that taking the fight to distribution companies is the the first step in tackling a “problem plaguing our county.”
“The reality is that our officers and emergency services teams are responding to drug-related calls every day. The statistics are frightening. The trauma that is caused to children and families is immeasurable,” he said.
Cecil County is represented on a contingent fee basis, which guarantees there will be no cost to the taxpayers unless Baron & Budd are successful. If the lawsuit results in a equitable money award or settlement, the firm will be paid a percentage.
Even so, McCarthy said on Sunday, that would be a drop in the bucket compared to the money and lives the county would save its residents if its lawsuit is successful.
"During Labor Day weekend, there were [25] overdoses in 72-hours, You have to consider the police and emergency personnel we send out to answer those calls, to get Narcan and get them breathing. At that point, they're taken to the hospital for treatment, where they could stay for days, if not weeks," he said. "That could cost between $60,000 - $70,000. The numbers really start to add up."

Cecil County is the latest jurisdiction to consider legal recourse in the opioid crisis. In the last two weeks, York County, Pa., Montgomery County, Md., and Lourian County, Ohio have filed civil suits against big pharmaceutical companies. Anne Arundel County has also taken aim at opioid manufacturers and distributors.
McCarthy said that he will not seek to combine efforts with other Maryland counties in a class action lawsuit, on the advice of Maryland Attorney General Brian Frosh. But Cecil County will still prove to be a formidable adversary to these drug companies, he said.
"This epidemic was created by these big, unscrupulous pharmaceutical companies that had their own interests in mind," he said. "We feel confident that Baron & Budd is a excellent team to take this on and show us results."

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Report: Rural NY counties hardest hit by opioid addiction crisis

Dec 17, 2017 | Newsday (NY)

By Delthia Ricks

Rural New York counties whose population is largely white have been hardest hit in an opioid addiction crisis that for years was aided by clinicians’ prescribing tendencies, a new analysis has found.
For the first time, policy experts have conducted a wide-ranging analysis examining differences — county by county — in how prescribers wrote orders for opioid medications. The analysis, which relies on data from the Centers for Disease Control and Prevention and sources within New York, reveals a sharp demographic divide.
“We saw higher opioid prescribing in areas that are less populated, more rural and majority white,” said Mark Zezza, director of policy and research at the New York State Health Foundation in Manhattan. The private organization focuses on health improvement for residents statewide.
Zezza said his analysis of prescribing variations covered all of New York’s 62 counties. He found a 400 percent per capita difference between Sullivan County, which prescribed the most opioids, and Kings County (Brooklyn), which prescribed the least. The analysis covers the years 2009 through 2015.
Nassau and Suffolk counties did not rank in the top 10 jurisdictions with the most opioid prescribers, nor in the bottom 10, where the drugs were least likely to be prescribed. They were in the middle, bookended by the two extremes.
Nearly 9 million opioid prescriptions written by health-care providers were dispensed by pharmacists during the years covered in Zezza’s research. The epidemic encompassed a population of at least 145,000 opioid drug abusers during much of the research period, the data show.
In 2015, he found, 2,771 people statewide died of drug-related causes, with two-thirds of those deaths attributed to opioids.
“It’s always kind of staggering for me to see how such a large proportion of the epidemic is due to prescribed opioids,” Zezza said.
A local addiction and drug rehabilitation expert said the crisis remained just as deadly on Long Island in 2017.
“This year, the number of overdoses has tended to climb in an unabated way. And when 2017 is over, it will probably show that we haven’t turned the corner,” said Dr. Jeffrey Reynolds, president and chief executive of the Family and Children’s Association in Mineola.
“We’re seeing signs of worsening — signs of desperation,” he said.
On the Island, Reynolds said many opioid abusers no longer seek prescription drugs because dealers’ prices are too high. Abusers have turned to cheap heroin instead.
“Years ago, it was pretty much a guarantee that people started with prescription pills, then progressed to heroin. Not any more,” Reynolds said. “Being on 30 bags of heroin a day is not unheard of.”
Zezza’s analysis covers the years when paper prescriptions were still widely in use. In 2016, electronic prescriptions were mandated by law as part of a crackdown effort by the state.
Prescription pads were prized objects among illicit drug dealers, who wrote millions of dollars’ worth of opioid prescriptions, local police and state drug-authority records showed.
One reason for getting rid of them was to take opioids off the street. Reynolds asserted that abusers have turned to robbing banks and gas stations to finance their heroin habits.
Meanwhile, the Pharmaceutical Research and Manufacturers of America, or PhRMA, which represents the country’s biopharmaceutical researchers and biotechnology companies, announced a multiyear strategy earlier this month to help end opioid dependence.
PhRMA plans to work in partnership with the Addiction Policy Forum, a nationwide nonprofit. They will fund state and local programs across the country, as well as support new public policies that help families and individuals challenged by drug addiction.
Also, in a statement, the state Department of Health told Newsday that Gov. Andrew M. Cuomo has taken numerous “aggressive steps to combat the heroin and opioid epidemic.”
State health officials listed expanded access to naloxone, the medication designed to rapidly reverse opioid overdoses, as part of that approach, and an investment this year of more than $200 million for prevention, treatment and recovery programs.

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Editorial: Raising awareness about opioids

Dec 17, 2017 | Riverhead News-Review (NY)

By Staff

In late January 2016, The Suffolk Times and Riverhead News-Review published an in-depth look at the growing heroin epidemic on the North Fork. The article told the story of Paul Maffetone of Laurel,whose brother Michael died at age 29, and his efforts to raise awareness about the troubling expansion in abuse of heroin and opioid drugs.
At the time, the even more dangerous painkiller Fentanyl hadn’t yet become a topic of concern. And public awareness of Narcan, a life-saving drug that can be administered to someone who has overdosed, was just beginning.
Now, nearly two years later, it’s clear that the opioid epidemic has only continued to worsen — and the East End of Long Island hasn’t been spared. That’s why, this week, we announced a partnership with newspapers on the South Fork to further explore the effect of the opioid epidemic. We will publish the results of our joint investigation in 2018.
It’s a collaboration unlike anything we’ve done in the past. And we hope that by combining resources with the talented journalists at The Press Newsgroup, Sag Harbor Express and The Independent, we can tackle this issue from a regional perspective.
The goal is to help bring addiction out of the shadows. As Mr. Maffetone said in 2016: “There’s a stigma attached to heroin. There’s no doubt about it. We need to break that down.”
That stigma undoubtedly still exists.
We hope to share the stories of people who have been personally affected by this disease, to remember those who have died and to understand how the family members left behind cope with the pain. We hope to describe the struggle that addicts face day-by-day and hour-by-hour.
The effects are undoubtedly felt by many others as well. There are, for example, the police officers and paramedics who are the first to respond to overdoses and who are tasked with the overwhelming job of keeping drugs out of the community. There are the medical professionals who must confront the role prescription painkillers have played in the epidemic’s growth. There are the educators who need to keep a watchful eye in schools. And then there’s the problem of inadequate treatment options on the East End, which demands more discussion.
There is hope. People can beat addiction. But they need support.
Our goal is to give them a voice.

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Fayette County joins others in lawsuit over opioid epidemic

Dec 15, 2017 | WTAE Pittsburgh's Action News (PA)

By Brittany Hoke

Fayette County commissioners decided unanimously Thursday to join a lawsuit against several pharmaceutical companies, distributors and physicians they feel fueled the opioid epidemic.
"They absolutely knew what was going on, and they need to be held accountable," said Vincent Vicites, chairman of the county commissioners.
They're hoping to recoup some of the costs incurred from overdoses and fighting the epidemic.
"We have major costs involved with it that we would like to recoup and help effectively fight this epidemic," Vicites said.
Surrounding counties such as Westmoreland, Washington and Greene have already filed.
Since 2012, Fayette County has seen 237 overdose deaths. Commissioners say costs from things like emergency response and the life-saving drug Narcan have hurt the county.
"It's a severe problem that we have to continue to do our best to work on every aspect of the problem possible," said Vicites.
Vicites says they'll share the costs of the lawsuit with the other counties and only pay if they win. They would also consider dropping the lawsuit if those companies agree to work with them on rehabilitation programs in the county.

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Westmoreland County files lawsuit to recoup money lost to opioid crisis

Dec 15, 2017 | Trib Live (PA)

By Rich Cholodofsky

Westmoreland County on Friday filed a sweeping lawsuit against major U.S. drug manufacturers in an effort to recoup money it lost as a result of the crippling opioid crisis that has led to a record number of fatal overdoses.
The lawsuit, which was first proposed last month, was filed in Westmoreland County court and seeks unspecified compensatory and punitive damages from 27 drug companies, distributors and several doctors who, according to the litigation, have contended opioids are not addictive.
None of the defendants has ties to the county.
“This all has to do with the drug epidemic, and we're trying to recoup our costs. This isn't to just make a point,” said county commissioner Chairwoman Gina Cerilli.
The county in the last year ramped up its efforts to fight the drug problem, which has cost money as well as lives, according to a report from county Controller Jeff Balzer. Nearly $19 million was paid last year by local taxpayers to fund government operations related to the crisis.
That includes the expenses for the county's court and social services systems.
A number Pennsylvania counties have filed similar lawsuits in recent months, including one by York County earlier this week.
As of Friday, the Westmoreland County Coroner's office confirmed 158 fatal drug overdoses in 2017, with another 25 suspected cases pending final toxicology reports. That would set another record, surpassing the previous high of 174 drug deaths in 2016.
According to the lawsuit, Westmoreland County had 35.2 overdoses for every 100,000 residents in 2015, a number that ranked it among the 10 Pennsylvania counties with the highest overdose rates.
The drug crisis has impacted even newborns, the lawsuit contends. In 2015, 3.12 percent of all babies born in Westmoreland required treatment for substance abuse, and 82 percent of addicted newborns were treated for withdrawal symptoms.
Meanwhile, drug-related crime in the county in the past decade has jumped by 428 percent, according to the lawsuit.
It alleges that the drug companies purposely continued to market dangerous opioids though they knew they were addictive and caused significant side effects.
“Despite the foregoing knowledge, in order to expand the market for opioids and realize blockbuster profits, defendants sought to create a false perception of the safety and efficacy of opioids in the minds of medical professionals and members of the public that would encourage the use of opioids for longer periods of time and to treat a wider range of problems, including common aches and pain, lower back pain, arthritis and headaches,” the lawsuit states.
Pittsburgh attorney Robert Peirce, who filed the lawsuit for the county, said he expects the litigation to remain in Westmoreland County and not be consolidated with other counties in the state.
“We will try to help the county recover millions of dollars the opioid crisis has cost,” Peirce said.
The commissioners last month hired Peirce and a New York-based law firm to prepare and file the lawsuit. The lawyers will be paid 25 percent of any money the county recovers.
Meanwhile, county officials are considering doubling the 2-year-old drug court program from 50 to 100 participants.
Cerilli said the lawsuit is another piece of the overall effort to help curb the crisis.
“We're in this for the long haul,” she said.

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Southeast (AR, FL, MS, NC, WV)

Group of Arkansas counties seeks payout in opioid suit

Dec 16, 2017 | Northwest Arkansas Democrat Gazette

By Chelsea Boozer

The Association of Arkansas Counties has filed a federal lawsuit against several pharmaceutical companies to recoup money paid out of its health insurance fund for members' opioid prescriptions.
The suit alleges the manufacturers and distributors of the drugs embarked on an illegal marketing campaign to misrepresent the drugs' effects, leading to abuse and overprescription.
The same group of attorneys who filed the case filed another one with the same claims on behalf of the Arkansas Municipal League and its health benefit fund. While that lawsuit was voluntarily dismissed by the Municipal League for technical fixes this week, it will be refiled soon, attorneys said. An article in Friday's Arkansas Democrat-Gazette incorrectly stated the reason for the dismissal.
The lawsuits say the league's and association's insurance funds "have unnecessarily spent money on opioid prescriptions for chronic pain" and "spent tens of millions more on costs directly attributable to the flood of opioids defendants unleashed on the state, including costs for addiction treatment and the treatment of babies born addicted to opioids."
The groups are seeking damages to recoup the costs for excessive prescriptions and the resulting addiction and treatment costs.
The lawyer team representing the two government groups also plans to file lawsuits on behalf of individual cities and counties in Arkansas alleging unique damages for each in an effort to recoup losses the localities have suffered in responding to the nationwide opioid epidemic in their jurisdictions.
Arkansas has the second-highest opioid prescribing rate in the U.S., at more than 114 prescriptions for every 100 people, behind only Alabama, according to the U.S. Centers for Disease Control and Prevention. Opioid-related overdose deaths have increased over the past decade in the state, although exact figures are unclear.
Local governments have spent money responding to the increased hospital visits, 911 calls, crimes and jailing.
The lawsuits to be filed on behalf of Arkansas localities are similar to the roughly 100 others filed by towns, counties and states all cross the U.S.
This week's lawsuits are about the same issue and bring similar claims but are instead on behalf of the health benefit funds and workers' compensation trusts of the Association of Arkansas Counties and the Arkansas Municipal League.
"In addition to counties and cities and the state of Arkansas losing money, many insurance companies and self-insured funds have lost money," said Ernie Corey, an Alabama lawyer who specializes in multi-district litigation who has been retained as lead counsel to represent the organizations and localities in the suits.
Chris Villines, director of the Association of Arkansas Counties, said the group's claims on behalf of its insurance funds are completely different from damages cities and counties have encountered.
The team that has been retained to handle the opioid-related lawsuits include 13 attorneys from six firms or organizations. The firms are Birmingham, Ala.-based Cory Watson law firm; Little Rock-based Reddick Moss PLLC; Texarkana, Texas-based Wyly Rommel PLLC; Little Rock-based Rainwater, Holt and Sexton P.A.; as well as counsel for the Municipal League and Association of Arkansas Counties.
The overall claims in the two lawsuits filed on behalf of the insurance funds argue that opioid manufacturers use a marketing scheme to persuade doctors and patients that opioids can cure chronic pain, but don't disclose that a large amount of those patients are likely to become addicted to the drugs and suffer from long-term effects.
The lawsuits, like the others filed across the nation in recent years, allege that the manufacturers and distributors minimize the risks and overstate the benefits of the drugs. That, the lawsuits claim, has led to widespread overprescription and what government officials are calling the worst drug epidemic in U.S. history.
Defendants named in the Arkansas cases are: Purdue Pharma Inc., The Purdue Frederick Company, Cephalon Inc., Pharmaceuticals USA Inc., Janssen Pharmaceuticals Inc., Johnson & Johnson, Endo Health Solutions Inc., Watson Laboratories Inc., Actavis Pharma Inc., Actavis LLC, Amerisourcebergen Drug Corporation, Cardinal Health Inc. and McKesson Corporation.
Attorneys representing parties bringing claims against the pharmaceutical companies said the companies have borrowed a page from tobacco's playbook. Tobacco companies were successfully sued in the 1990s.
The Healthcare Distribution Alliance, which represents some of the pharmaceutical companies, released a statement Friday about national reporting on the opioid abuse epidemic, saying it was one-sided.
The alliance said many factors led to the epidemic, including the U.S. Drug Enforcement Administration's annual approval of increased production of opioids.
"Our members operate highly-regulated, diversified businesses and have responsibility for transporting all prescription medicines, including cancer treatments, specialty medicines, vaccines and other health products. Opioids are a small percentage -- roughly 1--2 percent -- of what our members deliver to licensed healthcare providers and pharmacies," the statement said.
"Further, distributors respond to demand in the market for medicines -- they don't create it," the statement said. "Expecting distributors to have unilaterally stemmed the flow of opioids -- a flow that increased yearly with the explicit oversight and approval of the DEA -- is a transparent attempt by former DEA officials to shift the blame for their own failed approach to regulation during the growth and peak of the epidemic."
There are currently hearings taking place before multi-district litigation judges to determine whether all of the federal lawsuits against about 70 drug companies should be grouped together. The next hearing is set for Jan. 9 in Cleveland.
Cory, the Alabama attorney who was retained by the Arkansas associations, said he will be at the hearing and hopes the judge will make some preliminary decisions on how the group litigation will be organized.
Cory and the other attorneys representing the Arkansas cities and counties think they've positioned themselves uniquely to have a seat at the table when it comes to trying the cases. The attorney team says it is the first ever to use the technique of collectively representing essentially every town and county in the state -- at least all that agree to sign on to the litigation -- in an effort to have a bigger voice.
If an attorney represented just one city in Arkansas, he would likely be overshadowed in the group litigation by bigger towns and states, the attorneys said.
The team has not yet decided whether it will file group litigation listing all of the plaintiffs or file individual lawsuits on behalf of each county and city in their respective circuit courts.
"The strategy absolutely has not changed. We are working out the venue as to whether we can pull all of them together in one large lawsuit or whether they have to be broken up by court. We are working through those issues right now," said Jerome Tapley, an attorney at the Cory Watson law firm.

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AR Counties File Lawsuit Against Opioid Companies

Dec 15, 2017 | Arkansas Times

By David Ramsey

The Association of Arkansas Counties filed a lawsuit Thursday against a number of major distributors and manufacturers of prescription opioids in the U.S. District Court for the Eastern District of Arkansas.
The lawsuit follows a nearly identical complaint brought by the Arkansas Municipal League on Tuesday. The Municipal League withdrew that suit on Wednesday, but plans to re-file it after making certain revisions and adding groups to its coalition (the D-G reports that the revised complaint should be ready next month, according to the attorneys handling the case). Eventually, the Municipal League and Association of Arkansas Counties plan to join as plaintiffs in the same suit.
The lawsuit alleges that the 13 pharmaceutical companies listed as defendants deliberately misled the public and medical providers about the dangers of opioids, leading to a public health catastrophe. Arkansas has the second-highest opioid prescription rate in the nation.
The named defendants are Purdue Pharma; the Purdue Frederick Company; Cephalon; Pharmaceuticals USA; Janssen Pharmacueticals; Johnson & Johnson; Endo Health; Watson Laboratories; Acta Vis Pharma; Acta Vis; AmericsourceBergen Drug Corporation; Cardinal Health; and McKesson Corporation.
Around 100 lawsuits have been filed across the nation against opioid companies by cities, counties and states.

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Broward, Palm Beach Counties Push Ahead To Sue Big Pharma For Opioid Crisis

Dec 15, 2017 | WLRN (FL)

By Bridget O'Brien and Katie Lepri

Two of Florida’s largest counties, Palm Beach and Broward, have started a process that could take opioid drug makers to court for their roles in the opioid crisis.
"The dismantling of families, the death and destruction... If someone knew about this, they should pay more than dearly," said Broward County Commissioner Chip LaMarca at the commission meeting on Tuesday. "They should pay financially. They should pay criminally."
The counties join more than 100 cities, counties and states across the country that are taking legal action against drug companies.
"One in 49. [That's] the number of people who are prescribed opioids," said Palm Beach Post investigative reporter Pat Beall. "These are highly addictive drugs. And doctors were prescribing them for a very long time thinking that they weren't addictive."
An estimated 4,000 people died in Florida last year from opioid overdoses. And it costs millions of dollars — money spent on rescue and recovery efforts.
In May, Gov. Rick Scott declared a public health emergency in Florida and directed government officials to act to curb the opioid epidemic. He has since called for a three-day cap on most opioid prescriptions and $50 million in funding for treatment and enforcement efforts.
During a recent episode of the Florida Roundup, WLRN's Tom Hudson spoke with Pat Beall, along with Sun Sentinel reporter Dan Sweeney and WLRN reporter Peter Haden, about what this decision means for South Florida. Here are some highlights of their conversation.
WLRN: What claims would the counties make if they actually file a lawsuit?
BEALL: I think for [big] pharma and the distributors alike, there's an old political question here, which is what did they know and when did they know it? There's plenty of evidence to suggest they knew a lot and there's plenty of evidence to suggest that they ignored a lot.
There was a 2007 settlement with Purdue Pharma and the Department of Justice and that actually involved criminal charges. There was a money settlement. It was just one federal district in Virginia. I spoke to Purdue Pharma not too long ago and they said, "Well, you know, that kind of marketing that might have led to the inappropriate overprescription of our Oxycontin, that was then and this is now.
I think it will be interesting to see exactly what kinds of claims you know they would be looking at, whether civil or criminal.
WLRN: What do Broward commissioners want if they file a lawsuit?
SWEENEY: It’s probably the same as the lawsuit being proposed in Palm Beach County as well. It would look a lot like the old tobacco lawsuits from back in the 1990s. There’s a state law that says if a company harms residents through its product and knew that that product was harmful, then they can be sued to recoup the costs of treating those people. There were big wins against tobacco regarding that law and these drug companies would be sued under the same principle.
WLRN: What do we know about the costs of response and recovery in Palm Beach and Broward counties?
HADEN: Palm Beach County Fire Rescue responded to more than 4,500 overdose calls in 2016. The Palm Beach County Fire Rescue Department estimates that they spent at least at least $1,500 on each of those calls. Just in 2016, more than $6 million [was] spent by the taxpayers for overdose calls.
BEALL: We looked at hospital costs and [it looked like there were] millions of dollars a day in hospital costs related to opioid overdoses and also illnesses that are directly related to injection drugs. The costs were extraordinary. What was also extraordinary: Medicaid was picking up hundreds and hundreds of millions of dollars in those costs.
WLRN: The Medicaid portion is a key piece because, while those are federal funds that are funneled through the state, the state is the responsible agency. So where is the state of Florida and Attorney General Pam Bondi’s office in regards to opioid manufacturers?
BEALL: Bondi is part of a working group of state attorneys who are looking at the issue and they've subpoenaed no information. They might be laying groundwork, but ,you know, nothing formal yet.
WLRN: What are the lessons from the pill mill crackdown of a decade ago?
SWEENEY: The crackdown took a statewide effort and state laws were passed to provide a blanket regulation across this state. It's different here [because] you're seeing individual counties filing lawsuits to try to address the problem, which tells you that despite the fact that Pam Bondi is involved in these multi-state talks with other state attorneys general, a lot of the counties here are thinking that this is just not moving along quickly enough.
WLRN: What has been some of the response of the the legitimate operators in the recovery business?
HADEN: They were very concerned. The biggest flag bearers of the effort to root out corruption within the recovery community are the good providers — the people who are legitimately trying to get people off of these drugs and keep them clean. They're the ones that really get a black eye from the media coverage of the corruption that goes on in the recovery industry. They certainly want the corruption cleaned up.

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New Hanover County sues opioid makers, distributors

Dec 15, 2017 | The Fayetteville Observer (NC)

By Tim Buckland

The New Hanover County government has officially filed a lawsuit against makers and distributors of opioids, claiming they “aggressively pushed” their product, leading to the region’s opioid epidemic.
The suit essentially claims the companies named in the suit engaged in racketeering using deceptive tactics, creating an ongoing public nuisance.
The county was expected to target distributors who serve as middlemen between drug makers and clinicians. It named several in its suit, including Amerisource Bergen, Cardinal Health and McKesson.
“The distributors and manufacturers 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,” the county’s 167-page lawsuit reads.
But the lawsuit is notable because it also targets drug makers, naming several manufacturers specifically, including Purdue Pharma, Watson Pharmaceuticals and Johnson and Johnson. County and city leaders, who held a joint press conference last month on the planned action, had previously not indicated they would also target manufacturers.
Drug makers “aggressively pushed highly addictive, dangerous opioids, falsely representing to doctors that patients would only rarely succumb to drug addiction,” the lawsuit reads. “These pharmaceutical companies aggressively advertised to and persuaded doctors to prescribe highly addictive, dangerous opioids and turned patients into drug addicts for their own corporate profit.”
“The residents of New Hanover County are bearing the burden of the cost of the epidemic, as the costs of treatment for addiction, education and law enforcement continue to rise,” Woody White said in a Friday news release. He’s the chairman of the county commissioners. “New Hanover County aims to have this suit accomplish two things: require the responsible parties to pay our taxpayers for the monetary damages caused, and to force them to follow federal law so we can stem the tide of this horrible epidemic, and help save lives.”
The Wilmington region has been hit particularly hard by the opioid epidemic, including one study identifying the region as the top place in the United States for opioid abuse.
The county’s suit, filed in U.S. District Court, asks that drug makers and distributors pay for past and future costs to abate “the ongoing public nuisance caused by the opioid epidemic,” establish an “abatement fund” for future costs and award damages for a host of costs, including medical care, addiction treatment, law enforcement and caring for children affected by the opioid crisis.
“Defendants chose profit over prudence, and the safety of the community, and an award of punitive damages is appropriate, as punishment and a deterrence,” the suit reads.
With the filing, New Hanover joins a growing list of governments entities that are going after drug makers for contributing to the nation’s growing opioid epidemic.
Wilmington spokeswoman Malissa Talbert said the city is still actively considering filing suit.

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New Hanover County files lawsuit against opioid manufacturers and distributors

Dec 15, 2017 | Port City Daily (NC)

By Staff

Link to lawsuit: https://www.scribd.com/document/367277378/NHC-Opioid-Lawsuit-12-14-17#from_embed
New Hanover County has filed a lawsuit against five of the largest manufacturers and distributers of prescription opioids.
According to Jessica Loeper communications and outreach coordinator, “The lawsuit holds five of the largest manufacturers of prescription opioids and their related companies, and the country’s three largest wholesale drug distributors, accountable for failing to do what they were charged with under the federal Controlled Substances Act: monitor, identify and report suspicious activity in the size and frequency of opioid shipments to pharmacies and hospitals.”
From 1999 – 2016 more than 12,000 North Carolinians died from opioid-related overdoses and New Hanover County has been one of the hardest hit areas in the state. According to the Centers for Disease Control and Prevention, in 2016 the number of opioid prescriptions dispensed in the county exceeded the total county population with 1.3 prescriptions issued for every county resident.
The lawsuit names the following companies as defendants: Purdue Pharma L.P.; Purdue Pharma Inc.; The Purdue Frederick Company Inc.; Teva Pharmaceutical Industries LTD.; Teva Pharmaceuticals USA Inc.; Cephalon, Inc.; Johnson & Johnson; Janssen Pharmaceuticals Inc.; Ortho-McNeil-Janssen Pharmaceuticals Inc. n/k/a Janssen Pharmaceuticals Inc.; Janssen Pharmaceutica Inc. n/k/a Janssen Pharmaceuticals Inc.; Noramco Inc.; Endo Health Solutions Inc.; Endo Pharmaceuticals Inc.; Allergan PLC f/k/a Actavis PLS; Watson Pharmaceuticals Inc. n/k/a Actavis Inc.; Watson Laboratories Inc.; Actavis LLC; Actavis Pharma, Inc. f/k/a Watson Pharma Inc.; Mallinckrodt plc; Mallinckrodt LLC; McKesson Corporation; Cardinal Health Inc.; and AmerisourceBergen Drug Corporation.
“The residents of New Hanover County are bearing the burden of the cost of the epidemic, as the costs of treatment for addiction, education and law enforcement continue to rise,” said New Hanover County Board of Commissioners Chairman Woody White. “New Hanover County has taken the formal action of suing the companies that are responsible for this destruction. The 120+ page filed lawsuit goes line by line, and specifically describes the laws that were violated, and the devastation that has taken place. New Hanover County aims to have this suit accomplish two things: require the responsible parties to pay our taxpayers for the monetary damages caused, and to force them to follow federal law so we can stem the tide of this horrible epidemic, and help save lives.”
According to the lawsuit, one of the complaints includes, “Plaintiff brings this civil action to eliminate the hazard to public health and safety caused by the opioid epidemic, to abate the nuisance caused thereby and to recoup monies spent because of Defendants’ false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids.”

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New Hanover County Sues Opioid Manufacturers, Distributors

Dec 15, 2017 | WilmingtonBiz (NC)

By Christina Haley O'Neal

)New Hanover County filed a federal lawsuit this week against more than a dozen drug manufacturers and distributors.
The complaint of public nuisance was filed in U.S. District Court on Thursday. Defendants in the lawsuit include distributors such as Cardinal Health Inc. and AmerisourceBergen Drug Corp., as well as manufacturers such as Actavis Pharma Inc., Purdue Pharma Inc. and Janssen Pharmaceuticals Inc., a subsidiary of Johnson & Johnson.

A response has not yet been filed.

The county joins several other actions by agencies across the state to sue targeted opioid companies.

The county was one of three local government agencies that passed resolutions recently to show their intent to take legal action against manufacturers and distributors. The city of Wilmington passed its resolution in early November, and Brunswick County followed up with a similar resolution in December.

The resolution passed by the Wilmington City Council authorized the city to pursue legal action, including hiring attorneys who are involved in other similar suits across the country.

The city has not yet filed a lawsuit, but Malissa Talbert, a city spokeswoman said Friday, "that is still under active consideration and review as opioid addition continues to be a very serious issue facing our community."

"We will continue to actively combat this problem from a legal and law enforcement perspective, as well as prevention," Talbert added.

New Hanover County's 162-page suit states that county is bringing the civil action to “eliminate the hazard to public health and safety caused by the opioid epidemic, to abate the nuisance caused thereby and to recoup monies spent because of defendants’ false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids."

Such economic damages were foreseeable by the manufacturers and distributors and were “intentional or unlawful actions or omissions," the county claims in the lawsuit, and added that the opioid epidemic is directly related to the increasingly widespread misuse of opioid medications.

In the county's claims about the state epidemic, the lawsuit states that unintentional fatal drug overdoses cost the state $1.3 billion in 2015. And the state's Department of Health and Humans Services estimates opioid-related drug deaths cost $2.1 billion in 2016.

"The opioid epidemic is particularly devastating in Plaintiff’s Community. In 2016, New Hanover County experienced 64 opiate related drug deaths representing a 1500% increase from opioid related deaths in 1999," the lawsuit stated. "In 2015, it was estimated that 114 opioid prescriptions were dispensed per 100 New Hanover County residents."

The county is seeking from the defendants compensation for past and future costs to abate the ongoing public nuisance caused by the opioid epidemic and an “abatement fund” for the purposes of abating the opioid nuisance, as well as other costs.

To view the full lawsuit filed by the county, click here (http://www.wilmingtonbiz.com/health_care/2017/12/15/new_hanover_county_sues_opioid_manufacturers_distributors/16923.

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New Hanover County sues drug companies over opioid crisis

Dec 15, 2017 | WRAL (NC)

By Staff

New Hanover County, which has grappled with the fallout from opioid addiction in recent years, filed a lawsuit this week against several drug manufacturers claiming the companies engaged in “false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids.”
Lawyers for the county filed the 166-page complaint with the Eastern District of North Carolina’s Southern Division on Thursday and seek unspecified compensatory and punitive damages to reimburse the county for the “costs association . . . to eliminate the hazards to public health and safety.”
The beachside county also requests that the court create an “abatement fund,” money that would be used to cover the county’s costs from dealing with the “opioid nuisance.”
The city of Wilmington is the county seat for New Hanover and the county’s largest city. According to the 2010 census, the county’s population was just shy of 203,000 residents.
But the city could be considered Ground Zero for the nation’s opioid crisis.
Based on abuse rate, Wilmington was the No. 1 city for opioid abuse, according to a report last year by Castlight Health, which researched opioid abuse to determine how the addition was affection employers and the workplace. The San Francisco-based health care information company estimated that nearly 12 percent of Wilmington’s population receiving prescription painkillers was abusing the drugs.
Three other North Carolina cities, Hickory, Jacksonville and Fayetteville, landed in the report’s top 25 cities for opioid abuse.
Several large U.S. drug companies are named in the suit, including Amerisourcebergen Drug Corp., Cardinal Health, McKesson, Johnson & Johnson, Janssen Pharmaceuticals and Watson Pharmaceuticals.
The suit alleges that the drug manufacturers engaged in racketeering, negligence and unfair and deceptive trade practices.
According to the suit, North Carolina ranks 13th in the nation for residents with opioid prescriptions. The complaint, citing figures from the state Department of Health and Human Services, also paints a dire picture across the state:
From 1999 to 2016, more than 12,000 North Carolinians died from opioid-related overdoses.
In 2015, there were 1,567 North Carolina overdose deaths, up 14.5 percent from 1,358 in 2014.
Unintentional fatal drug overdoses cost the state $1.3 billion in 2015, and DHHS estimates opioid related drug deaths cost $2.1 billion in 2016.
New Hanover County is the latest municipality to sue drug companies for opioid abuse.
The Washington Post reported this year that at least 25 states, cities and counties have filed civil cases against manufacturers, distributors and large drugstore chains that make up the $13 billion-a-year opioid industry.
Comments from county officials about the suit were pending.

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NEW HANOVER COUNTY SUING DRUG MANUFACTURERS, DISTRIBUTORS OVER OPIOID EPIDEMIC

Dec 15, 2017 | WWAY 3 (NC)

By Staff

New Hanover County has become the first in our area to file a federal lawsuit against pharmaceutical companies over the opioid epidemic.
The lawsuit, filed Thursday in federal court, makes good on the resolutions the New Hanover County Commission and Wilmington City Council adopted that allows them to take legal action to fight the crisis.
The suit discusses the current opioid crisis in the state of North Carolina and New Hanover County. The suit states that in 2016, New Hanover County experienced 64 opiate related drug deaths representing a 1,500-percent increase from opioid related deaths in 1999. In 2015, it was estimated that 114 opioid prescriptions were dispensed per 100 New Hanover County residents.
The suit also states unintentional fatal drug overdoses cost North Carolinians $1.3 billion in 2015. North Carolina’s Department of Health and Human Services estimates opioid related drug deaths cost $2.1 billion in 2016.
The suit claims manufacturers used false, deceptive and unfair marketing about opioids and misrepresented the risks and benefits of opioids.
New Hanover County is suing the defendants for creating a public nuisance, violating the RICO act (racketeer influenced and corrupt organizations act), negligence and negligent misrepresentation, deceptive trade practices, civil conspiracy, fraud and fraudulent misrepresentation.
The lawsuit asks for compensation for past and future costs to abate the public nuisance caused by the opioid epidemic, damages to cover medical, therapeutic care, counseling and rehab and other services for those battling an opioid addiction, as well as other unspecified damages.

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Mississippi-Alabama opioid suit part of national consolidation

Dec 15, 2017 | AL.com

By Lawrence Specker

Two Alabama hospitals recently joined in a class-action suit filed in Mississippi against opioid makers and distributors. That case has now been swept up into a national tide of litigation being consolidated in an Ohio courtroom.
The suit, filed Nov. 30 in the U.S. District Court for the Southern District of Mississippi, was brought by Southwest Mississippi Regional Medical Center, Mobile-based Infirmary Health Hospitals, and the Monroe County (Ala.) Healthcare Authority.
About 20 companies are named as defendants, including OxyContin creator Purdue Pharma (maker of OxyContin), Johnson & Johnson, generic drug manufacturer Teva Pharmaceuticals and drug wholesaler AmerisourceBergen.
The suit alleges that drug makers "aggressively pushed highly addictive, dangerous opioids, falsely representing to doctors that patients would only rarely succumb to drug addiction ... [and] turned patients into drug addicts for their own corporate profit." It charges that wholesale distributors, along with manufacturers, "unlawfully breached their legal duties under federal law to monitor, investigate, refuse and report suspicious orders of prescription opiates."
The companies did not immediately file court documents, but several released statements denying wrongdoing.
The latest development recorded by the Mississippi court is a Conditional Transfer Order shifting the suit, and 10 others from Alabama, Kentucky, Louisiana, Massachusetts and Wisconsin, to the Northern District of Ohio. It was filed Dec. 12, and follows a previous consolidation action on Dec. 5.
On Dec. 5, the order says, the United States Judicial Panel on Multidistrict Litigation "transferred 62 civil actions n(s) to the United States District Court for the Northern District of Ohio for coordinated or consolidated pretrial proceedings ... With the consent of that court, all such actions have been assigned to the Honorable Dan A. Polster."
The Order describes the 11 additional cases as "tag-along actions" on the earlier consolidation. Plantiffs include a Native American tribe, a Teamsters insurance plan, several Kentucky county fiscal courts, one Kentucky county government and the estate of a deceased Alabama man.
Steve Martino, a Mobile attorney representing Infirmary Health and the Monroe County Health Authority, said that the 135-page main complaint filed in Mississippi was drafted in Mobile, at the Taylor Martino offices overlooking Bienville Square in downtown Mobile.
Given that opioid-related cases are being filed all over the country by states, cities and private entities, he said, the consolidation move was not a surprise.
"We expected it," he said, "we just didn't know where it was going to go."
Martino said that in the multi-district legal process, cases based on similar or identical issues can be rolled in together and overseen by a single court. The next step in the matter of national prescription opiate litigation is a hearing set for Jan. 9 in Cleveland, he said.
Martino said that at that hearing, he expects Polster to tell participants, "This is how we're gonna do it, and this is how fast we're gonna do it."
Opioid litigation has been compared by some to the '90s tobacco lawsuits that led to a Master Settlement Agreement with major tobacco companies in 1998. One of the attorneys working with Martino on the suit filed in Mississippi is John W. "Don" Barrett, known for his involvement in suits against the tobacco industry in the late 1980s and throughout the '90s.

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Martinsburg City Council votes against prescription drug litigation

Dec 15, 2017 | Herald Mail Media (WV)

By Matthew Umstead

The Martinsburg City Council by a 4-3 vote Thursday night decided not to file a lawsuit that would have alleged certain companies engaged in the wrongful distribution of prescription pain pills and created a public nuisance.
Voting against the resolution to retain the Skinner Law Firm for the civil litigation were Ward 5 Councilman Jason Baker, Ward 1 Councilman Dennis Etherington, and Council At Large members Gregg Wachtel and Harriet Johnson.
Ward 2 Councilman Kevin Knowles, Ward 3 Councilman Ken Collinson and Ward 4 Councilman Mark Baker voted in favor of filing the civil litigation, which was not expected to cost the city any out-of-pocket expense.
The city was advised in November that it would only have been responsible for fees and costs if it had refused to accept a possible settlement recommended by the Skinner Law Firm or if the city had withdrawn as a client without good cause.
The city council also was assured last month the law firm would have represented the city in any possible countersuit if one were filed.
Thursday's vote came without any discussion, but Councilman Jason Baker, who was vocal in his opposition earlier this year, said that legal action should be taken against physicians and pharmacists and isn't in favor of targeting drug manufacturers.
The Skinner Law Firm has filed similar litigation on behalf of the Berkeley County Council, which also was divided about whether to file a lawsuit against certain manufacturers and distributors of opioid medications.
The county council voted 3-2 in May to engage in opioid litigation aimed at pharmaceutical drug distributors that are accused of contributing to the community's heroin epidemic.
Councilmen Dan Dulyea and Jim Whitacre voted against the move to file the lawsuit.
Voting in favor were County Council President Douglas E. Copenhaver Jr., and council members Elaine Mauck and Jim Barnhart.
The Skinner firm also has filed similar litigation on behalf of the Jefferson County Commission.
The resolution rejected by the city council Thursday night claims in part that "the dumping of millions of pain pills into our community has spawned a public health and safety hazard to the residents of City of Martinsburg, devastated our families, hurt our economy, wasted our public resources and created a generation of narcotic dependence."
By adopting the resolution, the city council also would have declared that the wrongful distribution of prescription pain pills, including hydrocodone and oxycodone, had created "a public nuisance to the people of the city."

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Council members reveal reasons for votes against joining opioid lawsuit

Dec 16, 2017 | The Journal (WV)

By John McVey

By a vote of 4-3, Martinsburg City Council members have defeated a motion to join a lawsuit against the manufacturers and distributors of opiate-based pain killers.
At their meeting Thursday, council members Gregg Wachtel, Harriet Johnson, Dennis Etherington and Jason Baker voted against joining the lawsuit. Council members Kevin Knowles, Ken Collinson and Mark Baker voted yes.
“The main reason I voted no was because we could file a suit ourselves,” Wachtel said Friday in a telephone interview. “Why pay a law firm to do what we could do? We have a city attorney and his firm, Bowles Rice, and they do excellent work. I think the suit probably should be filed, but I had to be prudent.”
The motion was to hire the Skinner Law Firm “to represent the (city) in litigation against those involved in the wrongful distribution of prescription pain pills, creating a public nuisance,” according to the agenda.
At the City Council’s October meeting, Stephen Skinner of the Skinner Law Firm proposed the city join a lawsuit against opiate-based drug manufacturers and distributors. The goal of the suit would have been to recoup some of the expenses to the city in dealing with the ongoing opioid epidemic.
The council’s attorney, Kin Sayre, had recused himself from reviewing a contingency fee agreement submitted by Skinner because his firm, Bowles Rice, represents pharmacies.
Skinner would have taken the case on a contingency basis, meaning the city would not have spent any money prosecuting the case. Skinner’s base contingency fee would have been 25 percent plus expenses of any award or settlement of the case.
Wachtel added that he was concerned about some of the fees that were included in the contingency fee agreement.
“The fees could be more than the settlement,” he said.
“We can join in the future. We didn’t have to join (Thursday) night. This is going to drag out.”
Wachtel is an at-large council member.
Contacted by phone Friday, Johnson, also an at-large council member, said she voted no, primarily because her constituents did not want the city in the lawsuit.
“And because Berkeley County is in the lawsuit, and Martinsburg is in Berkeley County, so we will benefit from it,” she said. “The Berkeley County Commission voted for it and I’ll go with what they get. If we join, we’ll cut the pie in more pieces and not get more. It’s overkill.”
Skinner has filed similar suits on behalf of the Berkeley County Council and the Jefferson County Commission.
During a previous discussion, Mark Baker wanted to know if the city could count on a certain amount of money from the suit or if the city’s share would be diluted because Skinner is representing others and the money would be divided among the group.
Jared M. Adams, a Martinsburg lawyer who reviewed the contingency fee agreement for the council when Sayre recused himself, said the lawsuit is not a class action lawsuit, wherein the award or settlement is divided among members of the suit.
“First, you are not guaranteed to collect anything,” Adams said. “But you are guaranteed a percentage of the whole amount minus fees and costs.”
He said the Martinsburg suit would be separate, although it might be grouped with other similar suits against similar defendants.
Several counties and municipalities in West Virginia initially filed suits against drug distributors and expanded the suits to include manufacturers. More than 100 state and local jurisdictions across the country have filed similar suits.
Ward 1 Councilman Etherington said Friday in a telephone interview that suing the pharmaceutical companies is not the way to go.
“It’s just my feelings, but I don’t think the pharmaceutical companies are to blame for the problems,”he said. “I spent 41 years in education. These people, you can call them addicts, are taught in school the dangers of drugs. They see on TV and in papers and hear it on the radio. They’re given warnings and they don’t heed them. Suing pharmaceutical companies is not the answer. What (Martinsburg Police) Chief (Maury) Richards and Deputy Chief (George) Swartwood are doing with the Martinsburg Initiative, starting with the young ones, that’s the answer.”
According to the Martinsburg Police Department website, the Martinsburg Initiative is an innovative partnership between the police department and Berkeley County Public Schools that has developed a model solution to the problem of opiate addiction and abuse. Through a strategic focus that targets at-risk children and troubled families, the initiative will assess, identify and eliminate the basic causes of drug abuse.
“I think with the cost we’re putting out in police and ambulance expenses, we need to be paid for the services we’re rendering,” Ward 4 Councilman Mark Baker said was the reason he voted for the joining the suit. “But I’m not upset. I won’t lose any sleep over it.”
Through October, Martinsburg emergency medical services personnel have responded to 138 overdoses, of which 16 have been fatal, according to a report released Monday. Fifteen were heroin or opiate related. One was non-heroin or opiate related, meaning the overdose might have been from another drug or alcohol.
There has been at least one fatal overdose each month this year, except in May. There were four heroin or opiate deaths in August, according to the report.
Ward 3 Councilman Collinson said he is not in favor of lawsuits.
“But with the opioid situation, I felt it was an opportunity for the city to pursue at minimal cost,” he said. “There’s no liability until there is an award or settlement.”

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Council vote is disappointing (EDITORIAL)

Dec 17, 2017 | The Journal (WV)

By Staff

To say we’re disappointed in the outcome of the City Council’s vote Thursday night is an understatement.
We’re shocked the council voted “no” to join a lawsuit against opioid manufacturers and distributors. We’re also amazed by some of the reasons given by our elected representatives for not joining the lawsuit.
The opioid epidemic is a problem here. To think otherwise, frankly, is to bury your head in the sand. The numbers prove it.
Through the month of October, Martinsburg emergency medical services responded to 138 overdoses, of which 16 were fatal.
It’s not just drugs — the opioid epidemic seeps into other areas as well.
Does the city have a problem with prostitution? You can blame the opioid epidemic.
Is there a high number of home invasions? The opioid epidemic is at least partially to blame.
In fact, a large portion of the city’s crime is drug-related.
We know, it’s easier to say addicts are bad people, and we should throw them in jail. The error in this thinking is that it costs taxpayers more to incarcerate addicts than it does to treat them, and it does little to solve the problem.
In the end, those suffering from addiction who don’t receive treatment, often end up back out in the streets, and the cycle repeats.
Until someone ends up dead.
We listened to the reasons given for not joining the lawsuit. For many, we suspect the root of the problem is this: To vote yes would mean these city council members would have to admit first of all that Martinsburg has an opioid problem, and second, that addiction, for many, is not a choice and that the pharmaceutical companies that pushed 780 million pills into this state are at least partially culpable.
Apparently that’s a bridge too far.
According to Charleston’s Gazette-Mail, these companies sold 433 pain pills for every man, woman and child in the state of West Virginia in a six-year period. How is that possible? Does the City Council think that sounds reasonable? Does it to you?
Does a teenage athlete who gets injured make a bad decision by taking the medicine prescribed by their doctor? Some of these pills were touted by the company peddling it — like Purdue Pharma — as having an “extremely small”risk of addiction.
Purdue Pharma brought the world OxyContin. An article published in the American Journal of Public Health in 2009, provided an in-depth analysis of the promotion and marketing of OxyContin. When it was introduced in the late 90s, it was aggressively marketed. Sales grew from $48 million in 1996 to $1.1 billion in 2000.
By 2004, OxyContin had become the leading drug of abuse in the United States, according to the article.
“One of the cornerstones of Purdue’s marketing plan was the use of sophisticated marketing data to influence physicians’ prescribing,” the article said. “Drug companies compile prescriber profiles on individual physicians — detailing the prescribing patterns of physicians nationwide — in an effort to influence doctors’ prescribing habits.”
In using the profiles, the article alleges, a drug company can identify the highest and lowest prescribers of particular drugs in a single zip code, county, state or the entire country.
The Gazette-Mail reported that Kermit, West Virginia — with a minuscule population of 392 — was shipped nearly 9 million Hydrocodone pills in two years. This is not legitimate business. What separates such companies from illicit drug dealers or cartels?
We’d also like to point out another successful similar lawsuit filed nearly 20 years ago. The tobacco industry, 46 states and six other jurisdictions entered the largest civil-litigation settlement agreement in U.S. history in 1998. At that time, state attorneys general sued tobacco companies. Their argument? That the companies should take up the burden of paying for the costs of treating smoking-related diseases. The result of the settlement left the tobacco industry immune from future state and federal suits, but they agreed to make annual payments to the states, in perpetuity, to fund public-health programs and anti-smoking campaigns, according to an article published in The Atlantic.
Earlier this week, we published a story about the numbers of smokers in the state dropping, in large part, due to youth having never smoked.
Resources make a difference. Education, prevention and treatment make a difference. You have to have money to fund such things.
The lawsuit cost the city nothing, but it had much to gain.

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Midwest (IA, IN, MI, MN, NE, OH)

Mitchell County working to file lawsuit against out-of-state opioid manufacturers

Dec 15, 2017 | Globe Gazette (IA)

By Steve Bohnel

Mitchell County Attorney Mark Walk and other county officials are seeking legal action against several opioid manufacturers outside Iowa, in response to what they say is a growing public health epidemic stemming from the over-prescription of those drugs.
The pending lawsuit is a collaboration between several different parties, including the Mitchell County Board of Supervisors, the Iowa State Association of Counties (ISAC) and national law firms who want to help in the litigation process.
At the Mitchell County Board of Supervisors' meeting Dec. 5, the board unanimously approved a resolution to pursue legal action.
They were acting on an engagement letter and other paperwork from ISAC, which recommended that Iowa counties file lawsuits against Purdue Pharma, Teva Pharmaceuticals, Janssen Pharmaceuticals, Endo Pharmaceuticals and their related companies.
Walk said he has been discussing the possibility of filing a lawsuit before the meeting Dec. 5.
"ISAC is recommending that everyone join in it," he said of the engagement letter and overall process. "I was pretty much up to speed on this because we had been talking to another firm for three to four months about doing this."
The firms involved are Creuger Dickinson, Simmons Hanly Conroy and von Briesen. Walk hopes to have a formal lawsuit filed in the next six months, but emphasized this was a preliminary estimate.
Bill Peterson, ISAC's executive director, said the topic has been on the organization's radar for the past couple years. He added he attended a meeting in October where lawyers from Creuger Dickinson and Simmons Hanly Conroy held presentations about why filing lawsuits against the aforementioned opioid manufacturers was plausible.
Peterson added that each Iowa county that participates with ISAC and the national law firms would file a separate suit. Those suits would be filed in the Northern District of Ohio because the manufacturers are out of state, so the cases must be federal.
So far, nine counties scattered across Iowa — including Mitchell — have stated they are interested in filing a lawsuit, Peterson said. He added the goal is having as many of Iowa's 99 counties join as possible.
It's unclear whether other local counties plan on joining. Tim Latham, a member of Cerro Gordo County's Board of Supervisors, said he and his colleagues have had preliminary talks but no formal discussion about the topic.
"It's floating around," Latham said. "We're getting more information before we jump on the bandwagon."
Ultimately, Mitchell County's upcoming lawsuit aims to recoup potential damages that counties have encumbered from added court costs, police work and similar issues.
Peterson said it's too soon to say how much money could be recovered for different areas, including Mitchell County.
"As the lawsuit progresses and damages are identified and there is somewhere down the road a settlement … then yes, counties would recover damages on behalf of their citizens," he said.
Mitchell County Supervisor Shannon Paulus has lived in the county for the past 45 years. She said the issue has gotten worse in recent years, as more opioid overdoses have been reported.
She added, however, that fatalities have been avoided because of the county's medical facilities. Still, she believes there may be an issue with how physicians prescribe medication.
"If there’s 50 people and there’s 75 prescriptions, then you’re obviously overwriting the prescription," Paulus said of the issue.
Multiple pharmaceutical companies targeted in this pending litigation all said in statements to the Globe Gazette they are committed to combating the opioid crisis, and plan on fighting the upcoming lawsuits.
Peterson said it could take years before counties like Mitchell receive money due to monetary damages, pending a positive outcome in the litigation process.
Walk said pursuing legal action is more than just a money grab — it's also about trying to stop the consequences of opioid abuse in his county and other parts of North Iowa.
"It’s the babies that are born that test positive of opioids, it’s the Department of Human Services involvement," he said about one such consequence. "One person using can have an effect on 10 people in the county."
Link to engagement agreement: https://bloximages.chicago2.vip.townnews.com/globegazette.com/content/tncms/assets/v3/editorial/5/d3/5d3db46a-68fa-5c6f-b522-c867a9364a85/5a35ced21dee3.pdf.pdf

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More Indiana Cities, Counties Say They Plan To Sue Drug Makers For Opioid Crisis

Dec 15, 2017 | WIBC.com (IN)

By C.J. Miller

The number of Indiana cities and counties that are planning to sue drug companies and distributors for the opioid crisis is growing.
According to the Fort Wayne News-Sentinel, the Allen County Commissioners are expecting to move forward with a planned lawsuit against drug companies blaming them for the rise in costs from added police and medical expenses relating to the opioid epidemic.
The city of Indianapolis has already filed a lawsuit in November against ten companies, including Purdue Pharma, Johnson & Johnson and Janssen Pharmaceuticals, saying those companies were deceptive in their marketing of painkillers and failed to report and stop suspicious orders of opioids.
Meanwhile, leaders in other Indiana communities including Bloomington, Jeffersonville and New Castle say they are also putting together their legal fights against drug makers and sellers.

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W/R: City refuses to release attorney, other records - again

Dec 16, 2017 | The Star Press (IN)

By Keith Roysdon and Douglas Walker

Less than a month after Mayor Dennis Tyler held a minute-long press conference to announce he wouldn't withhold information about legal fees paid with public money, the city of Muncie has again denied The Star Press' request for information.
The big difference this time? The city also denied a request for information on two other topics, including attorney fees for another law firm.
On Nov. 2, The Star Press filed a Freedom of Information Act request with the city for details on contracts, fees and the like for three attorneys from the Indianapolis firm of Ice Miller, hired to defend Tyler and the city from former police chief Steve Stewart's lawsuit alleging the city failed to pay him his due when he left the department on bad terms in fall 2016.
On Nov. 13, the city rejected the request, saying that the city didn't possess some of the records related to the attorneys and wouldn't release other information, citing attorney-client privilege. (The Star Press did not ask for strategy, just money-related information.)
The city's response drew criticism from the Hoosier State Press Association and Indiana's Public Access Counselor. The refusal to release monetary information at the very least was "irregular," "unusual" or "wrong," representatives of those organizations said.
In reaction to that criticism, Tyler held a brief press conference on Nov. 17, denying the city was withholding any information and citing "internal miscommunication ... the city's refusal to release information is inaccurate."
After that press conference, W/R asked city attorney John Quirk if that meant the city would reconsider a resubmitted FOIA request. Quirk said the city would consider each FOIA request on a case-by-case basis.
On Nov. 27, W/R submitted a trio of FOIA requests:
- A re-submission of the request for information regarding fees and scope of the Indianapolis attorneys hired to defend Tyler and the city in the lawsuit filed in October by Stewart.
- Information and email regarding the city's expenditure of more than $19,000, paid to the Muncie Downtown Development Partnership, for a baseball stadium study.
- Information, contracts, agreements, etc about the hiring of an Indianapolis law firm, Clark Quinn Moses Scott & Grahn, that was paid $2,670 in mid-November.
The city's response to those three FOIA requests came on Dec. 4, after a long meeting of Muncie City Council that saw city officials introduce an ordinance to create a fire department-based ambulance service.
On the FOIA request about the attorneys defending Tyler from the Stewart lawsuit, the city again denied the request, citing, in part, confidentiality.
"As we responded on Nov. 13, the city does not have certain records that you requested and the remaining records are not disclosable."
On the FOIA request for email and other materials about the baseball stadium study, the city's response was, "There are no such documents asked in your request."
As for the FOIA request about the law firm paid apparently for the first time in November, the city's response was, "The documents in your request are privileged communication between the city and its attorney and, consequently, the request seeks confidential information that is not disclosable."
In the meantime, the city continues to spend on what are apparently related matters. A recent claim for $550 for Clark Quinn Moses Scott & Grahn was paid, while Indianapolis law firm Ice Miller was paid $1,260. Ice Miller has been paid more than $400,000 by the city since early 2016, when an FBI investigation of allegations of wrongdoing in Tyler's administration began.
Also in December so far, law firm Bingham Greenebaum Doll, whose previous claims noted it was working on the federal investigation of the Muncie Sanitary District, has been paid another $5,349, while the firm Pence Hensel, hired for the same task, was paid $262.
Opioid lawsuits
The opioid crisis that has plagued the nation – and on a local basis, East Central Indiana – has resulted in a flurry of related lawsuits filed by city and county governments.
Add New Castle to the growing list of municipalities pursuing litigation against the manufacturers of opioid medications.
A lawsuit – filed in recent days in U.S. District Court in Indianapolis – alleges 10 pharmaceutical firms producing opioids “deceptively marketed the appropriate uses, risks and safety” of the medications, according to a press release issued by the law firm representing New Castle, Cohen & Malad.
Three distribution firms are also accused of failure to “stop suspicious orders of opioids that flooded the city of New Castle.”
In a statement, Mayor Greg York said the economic impact of the crisis “to a community the size of New Castle is so great that it is difficult to quantify.”
“The human cost to our families is even greater,” York said. “Our hope for this litigation is that it is a real step in attacking this nightmare and addressing these issues.”
While it has apparently not been filed yet, a similar lawsuit against opioid manufacturers and distributors, on behalf of the city of Muncie, is likely on the way.
Mayor Dennis Tyler recently confirmed to W/R that he had discussed plans for such a lawsuit with a representative of an Indianapolis law firm.

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Hoping to recover soaring costs, Allen County government will sue opioid makers

Dec 15, 2017 | News-Sentinel (IN)

By Kevin Leininger

With an estimated 40,000 people in Allen County abusing opiods, local officials have joined a growing legal effort to make drug manufacturers pay for the cost of courts, incarceration, treatment and other related problems.
The county Commissioners Friday signed an agreement under which the Wisconsin-based law firm Crueger Dickinson will investigate and pursue claims against drug companies for expenses caused by opiod abuse, which was labeled a “public health crisis” by the U.S. Food and Drug Administration last year and represents an annual national economic burden of $78.4 billion, according to the Centers for Disease Control.
“It’s not fair to go to the taxpayer to support a problem that may have been caused by the manufacturers,” said Commissioner Nelson Peters, who does not want to absolve users of individual responsibility but also does not want to protect manufacturers who, according to a document called “combating the opioid epidemic — litigation on behalf of county governments” prepared by the law firm, have dramatically increased opioid use through false claims and aggressive marketing. The same drug makers that generate billions of dollars in annual opioid sales are also profiting from the sale of drugs used to combat the problem, the firm states.
Peters can’t say how much opioid abuse is costing Allen County, but the commissioners consider the problem so serious they made addressing it one of their top legislative priorities for 2018 and Park Center has announced plans to open a new opioid treatment center in New Haven.
The law firm would be paid through any settlement collected. Several other counties, cities and states have already filed similar claims in federal court.
“While pharma was raking in profits, county governments have been forced to spend a significant amount of money combating this epidemic,” Crueger Dickinson stated. An estimated 38 percent of Americans have used opioids, and 4.7 percent — 11.5 million — have misused them. That amounts to $42 billion annually in lost productivity, according to the CDC.
The attorneys argue that “unless a critical mass of counties not only file suit and coordinate efforts, it is a safe bet that pharma will simply continue to fight each individual case without contemplating a resolution. Any county that does not get involved risks receiving no recovery.”
According to the Associated Press, Indiana’s second most-populous county and the city that’s home to Indiana University are also joining the legal fight against pharmaceutical companies and distributors that have allegedly fueld opioid abuse crisis. Lake County, and officials in Bloomington and the surrounding Monroe County have signed off on agreements with an Indianapolis-based law firm to file the lawsuit. The city of Indianapolis filed a similar lawsuit in November.
Several of the accused companies have denied any wrongdoing, saying they also are trying to help solve the opioid abuse problem.

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No big pharma link to Missaukee Co. costs

Dec 18, 2017 | Cadillac News (MI)

By Karen Hopper Usher

Drug abuse costs Missaukee County money.
But it's the wrong kind of drugs.
A law firm had asked the county if it would join a lawsuit against pharmaceutical companies that sell opioids. The justification for the suit would be that the consequences of opioid addiction are costing municipalities money.
It's marijuana and methamphetamine that are driving up the county's childcare costs, according to the county's research, Administrator Precia Garland told commissioners Tuesday.
Commissioners had asked Garland to look into whether a recent increase in childcare costs could be attributable to opioid addiction, after a question from the Cadillac News.
The question came at the end of the board's December finance committee meeting, where Garland told commissioners autopsies and emergency response budgets hadn't spiked because of pharmaceutical opioid abuse.
With the childcare question investigated, the county isn't signing onto the lawsuit.

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South metro news briefs: Dakota County joins suit against opioid manufacturers

Dec 15, 2017 | Star Tribune (MN)

By Erin Adler

Dakota County joined a wave of Minnesota counties and cities Tuesday in filing a lawsuit against pharmaceutical manufacturers, distributors and others they believe helped create the opioid drug epidemic. Drug companies marketed opioids to doctors so that they would prescribe the drugs to patients to treat ongoing pain, on the premise that the drugs were safe and wouldn’t result in addiction.
“Today we know that’s simply not the case,” said Dakota County Attorney Jim Backstrom.
Washington and Ramsey counties first announced an intent to sue the drug companies via separate lawsuits on Nov. 30. At least five other counties say they will join them, together with the cities of Minneapolis and St. Paul. Other cities and counties across the country are also suing or making plans to do so.
Dakota County has had the biggest increase in opioid-related deaths among metro-area counties since 2000, Backstrom said. Since 2007, 154 people have died from opioid overdoses in Dakota County. Also, Backstrom said, there are other costs.
The county has spent “significant public dollars” to battle residents’ opioid addictions, according to a County Board memo, including addiction treatment, other health care, child placement, social services, education, training and programming.
Law firms Motley Rice and Briol & Benson were selected to jointly represent the county in its lawsuit.

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Douglas County preps to join federal suit against opioid distributors

Dec 17, 2017 | Live Well Nebraska

By Christopher Burbach

Douglas County is preparing to join dozens of governments across the nation who are suing drug companies over the opioid epidemic.
Douglas County Attorney Don Kleine is asking the County Board to agree to contract with outside law firms for a federal lawsuit against distributors of prescription painkillers such as oxycodone and hydrocodone.
The board is expected to vote Tuesday on a contract with a group of lawyers, led by a Florida firm and including the Abboud Law Firm of Omaha.
The contract would be on a contingency basis, meaning the lawyers would be paid only if they won.
The attorneys would receive 30 percent of any money awarded to Douglas County or the attorneys’ fees ordered by a judge, whichever is greater, according to the proposed contract. The county would receive the rest.
Kleine, calling opioid abuse and addiction “a huge public health crisis,” said the county could use the money for law enforcement to crack down on opioid abuse.
“We’re going to continue to keep fighting this epidemic,” Kleine said in remarks to the County Board last week.
Numerous counties and cities and a handful of states have filed such lawsuits. Generally they claim that drugmakers and distributors used deceptive marketing practices and failed to warn doctors how addictive the painkillers are.
The lawsuits seek to recover costs associated with public health care, law enforcement and jail expenses.
The Florida law firm, Levin Papantonio, that wants to represent Douglas County is representing numerous governments.
The contract to be considered Tuesday does not name the companies that Douglas County would sue.
The national Centers for Disease Control and Prevention says drug overdose deaths quadrupled in the United States from 1999 to 2015. “Opioids — prescription and illicit — are the main driver of drug overdose deaths,” the CDC says.
Nebraska has had one of the lowest rates of drug overdoses of any state in the nation, according to the CDC. Nebraska had 126 drug overdoses, or 6.9 per 100,000 people, in 2015.
County Board Chair Mary Ann Borgeson said that while the epidemic has not hit Douglas County as hard as other parts of America, “we have the problem here, too. ... I’m glad that we have elevated it here to a level of great importance and that we’re doing the contract (this) week.”
Bloomberg reported in November that more than a dozen states and about 100 counties and cities already had sued opioid makers and drug distributors. More suits have been filed since then.
Kleine told the County Board that time is of the essence because the lawsuits are being combined.
Omaha City Attorney Paul Kratz said the city has no immediate plans to file such a lawsuit, but might in the future.
Attorney Greg Abboud, whose law firm would work with Levin Papantonio on the Douglas County case, said he wasn’t aware of any other Nebraska county filing a suit yet.
In Iowa, two counties have signed on to a lawsuit filed by a Wisconsin-based law firm against prescription opioids, the Des Moines Register reported. They are Sioux County in northwest Iowa and Monroe County in southeast Iowa.

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City of Columbus files suit against drug companies, claiming damages from opioid epidemic

Dec 17, 2017 | nbc4i.com (OH)

By Staff

Lawsuit: https://mgtvwcmh.files.wordpress.com/2017/12/columbus-vs-drug-companies.pdf
The city of Columbus has filed a lawsuit against 25 drug companies, calling the opioid addiction epidemic “the result of a well-developed marketing scheme…to sell opioids for the treatment of chronic pain.”
The lawsuit filed by Columbus in federal court Friday names the three major drug distributors including suburban Columbus-based Cardinal Health and five drug manufacturers.
The lawsuit claims Columbus “has suffered significant harm and damages, including, but not limited to, the breakdown of families, increased health insurance costs, increased police and fire usage, increased usage of the criminal justice system and other significant harms. Columbus also is faced with a significant addiction problem it must abate and remedy.”
Cincinnati, Dayton, Toledo and the state of Ohio have filed similar lawsuits.
Several companies sent NBC4 statement in response to the lawsuit’s announcement Friday night.
William Foster, spokesperson for Janssen Pharmaceuticals:
Responsibly used opioid-based pain medicines give doctors and patients important choices to help manage the debilitating effects of chronic pain. At the same time, we recognize opioid abuse and addiction is a serious public health issue that must be addressed. We believe the allegations in lawsuits against our company are both legally and factually unfounded. Janssen has acted in the best interests of patients and physicians with regard to its opioid pain medicines, which are FDA-approved and carry FDA-mandated warnings about possible risks on every product label. According to independent surveillance data, Janssen opioid pain medicines consistently have some of the lowest rates of abuse among these medications, and since 2008 the volume of Janssen opioid products always has amounted to less than one percent of the total prescriptions written per year for opioid medications, including generics. Addressing opioid abuse will require collaboration among many stakeholders and we will continue to work with federal, state and local officials to support solutions.
Denise Bradley, spokesperson for SVP Corporation Reputation:
Teva is committed to the appropriate use of opioid medicines, and we recognize the critical public health issues impacting communities across the U.S. as a result of illegal drug use as well as the misuse and abuse of opioids that are available legally by prescription. To that end, we take a multi-faceted approach to this complex issue; we work to educate communities and healthcare providers on appropriate medicine use and prescribing, we comply closely with all relevant federal and state regulations regarding these medicines, and, through our R&D pipeline, we are developing non-opioid treatments that have the potential to bring relief to patients in chronic pain. Teva offers extensive resources for prescribers, patients and pharmacists regarding the responsible pain management and prevention of prescription drug abuse. Teva also collaborates closely with other stakeholders, including providers and prescribers, regulators, public health officials and patient advocates, to understand how to prevent prescription drug abuse without sacrificing patients’ needed access to pain medicine.
A spokeswoman with Cardinal Health also released this statement:
As a longstanding and involved member of the Columbus community, we are disappointed that the City chose to file this copycat lawsuit. While we do not believe litigation is the solution to this problem, we will defend ourselves vigorously against this baseless lawsuit.
The people of Cardinal Health care deeply about opioid abuse and addiction. We believe there is an urgent need to work towards real and meaningful solutions, right now! We are actively engaged in solving this complex public health crisis and saving lives. This is why we launched our new Opioid Action Program last month, which augments our already substantial efforts to combat opioid abuse, including the significant investment in state-of-the-art controls to effectively combat the diversion of pain medications from legitimate uses.
Thousands of Cardinal Health employees are passionately committed to helping make their city a better place to live and they voluntarily give of their time and resources to this community every single day.
Columbus City Council President and Columbus City Attorney-Elect Zach Klein released this statement:
Today, the City of Columbus filed a lawsuit in federal court against opioid manufacturers, distributors, and certain key opinion leaders regarding their involvement and participation in creating our current opioid epidemic. It is true that we attempted to work with certain named defendants to resolve this matter independent of litigation, but we didn’t have a willing partner. We have a duty to the citizens of our city, as well as those children, families, and friends who are negatively affected by the promotion of opioids. Our goal is, and will always will be, fighting to help those families and kids whose lives are impacted.

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City of Columbus sues 25 drug companies, claiming damages for opioid epidemic

Dec 15, 2017 | ABC 6 (OH)

By Csaba Sukosd

The City of Columbus has filed a lawsuit against more than two dozen drug manufacturers, accusing them of damages as a result of the city's opioid crisis.
The lawsuit follows similar legal action by the State of Ohio, Cincinnati, and Cleveland. The lawsuit alleges the drug companies had a role in creating the opioid epidemic in Central Ohio.
It also asks for damages, because the city says opioid addiction has led to increased health insurance costs, police and fire department usage and increased the strain on the criminal justice system.
The lawsuit points to previous rulings against the prescription drug distributors that have resulted in fines or suspensions, including a $44 million fine for Central Ohio-based Cardinal Health paid to the Department of Justice for a civil penalty in Florida on December 23, 2016, and a $150,000,000 civil penalty for suspicious orders against McKesson Corporation that includes a facility in Washington Court House.
Columbus City Council President and Columbus City Attorney-elect Zach Klein issued a statement on behalf of the city.Today, the City of Columbus filed a lawsuit in federal court against opioid manufacturers, distributors, and certain key opinion leaders regarding their involvement and participation in creating our current opioid epidemic. It is true that we attempted to work with certain named defendants to resolve this matter independent of litigation, but we didn’t have a willing partner. We have a duty to the citizens of our city, as well as those children, families, and friends who are negatively affected by the promotion of opioids. Our goal is, and will always will be, fighting to help those families and kids whose lives are impacted.
ABC 6/FOX 28 has reached out to all of the companies listed in the lawsuit for comment. So far, Cardinal Health, fellow Columbus-based company Allergan, Teva Pharmaceuticals, Purdue Pharma, Inc., Janssen Pharmaceuticals and the Healthcare Distribution Alliance have responded.
The people of Cardinal Health care deeply about opioid abuse and addiction. We believe there is an urgent need to work towards real and meaningful solutions, right now! We are actively engaged in solving this complex public health crisis and saving lives.

It is important to put into perspective Allergan’s role regarding opioids. Allergan’s two branded opioid products – Norco and Kadian – account for less than 0.08% of all opioid products prescribed in 2016 in the U.S. These products came to Allergan through legacy acquisitions and have not been promoted since 2012, in the case of Kadian, and since 2003, in the case of Norco. Allergan has a history of supporting — and continues to support — the safe, responsible use of prescription medications. This includes opioid medications, which when sold, prescribed and used responsibly, play an appropriate role in pain relief for millions of Americans.

Teva is committed to the appropriate use of opioid medicines, and we recognize the critical public health issues impacting communities across the U.S. as a result of illegal drug use as well as the misuse and abuse of opioids that are available legally by prescription. To that end, we take a multi-faceted approach to this complex issue; we work to educate communities and healthcare providers on appropriate medicine use and prescribing, we comply closely with all relevant federal and state regulations regarding these medicines, and, through our R&D pipeline, we are developing non-opioid treatments that have the potential to bring relief to patients in chronic pain. Teva offers extensive resources for prescribers, patients and pharmacists regarding the responsible pain management and prevention of prescription drug abuse. Teva also collaborates closely with other stakeholders, including providers and prescribers, regulators, public health officials and patient advocates, to understand how to prevent prescription drug abuse without sacrificing patients’ needed access to pain medicine.

We are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution. As a company grounded in science, we must balance patient access to FDA-approved medicines, while working collaboratively to solve this public health challenge. Although our products account for approximately 2% of the total opioid prescriptions, as a company, we’ve distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed the first FDA-approved opioid medication with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone. We vigorously deny these allegations and look forward to the opportunity to present our defense.

Responsibly used opioid-based pain medicines give doctors and patients important choices to help manage the debilitating effects of chronic pain. At the same time, we recognize opioid abuse and addiction is a serious public health issue that must be addressed. We believe the allegations in lawsuits against our company are both legally and factually unfounded. Janssen has acted in the best interests of patients and physicians with regard to its opioid pain medicines, which are FDA-approved and carry FDA-mandated warnings about possible risks on every product label. According to independent surveillance data, Janssen opioid pain medicines consistently have some of the lowest rates of abuse among these medications, and since 2008 the volume of Janssen opioid products always has amounted to less than one percent of the total prescriptions written per year for opioid medications, including generics. Addressing opioid abuse will require collaboration among many stakeholders and we will continue to work with federal, state and local officials to support solutions.Distributors are logistics companies that arrange for the safe and secure storage, transport, and delivery of medicines from manufacturers to pharmacies, hospitals, long-term care facilities, and others based on prescriptions from licensed physicians. We don’t make medicines, market medicines, prescribe medicines, or dispense them to consumers.Given our role, the idea that distributors are solely responsible for the number of opioid prescriptions written defies common sense and lacks understanding of how the pharmaceutical supply chain actually works and how it is regulated. We are ready to have a serious conversation about solving a complex problem and are eager to work with political leaders and all stakeholders in finding forward-looking solutions.
Below is the entire 25-page document: https://www.scribd.com/document/367283587/City-of-Columbus-lawsuit-against-drug-companies#from_embed

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Ohio county sues 20+ opioid manufacturers and distributors

Dec 17, 2017 | Jurist

By Erin McCarthy Holliday

In the midst of a growing and devastating opioid epidemic, officials in Lorain County, Ohio, filed a lawsuit [http://www.jurist.org/paperchase/Complaint-Lorain.pdf] in the Lorain County Court of Common Pleas Friday against 25 large drug companies and distributors of opioids for deceptive and misleading marketing practices.
Loraine County joins a growing list of municipalities filing suit against drug companies for the opioid crisis, including the city of Lorain, Ohio's Lake County and Cuyahoga County, as well as Ohio Attorney General Mike Dewine earlier this year.
The complaint alleges that "the defendants knew — and had known for years — that with prolonged use, the effectiveness of opioids wanes, requiring increases in doses and markedly increasing the risk of significant side effects and addiction."
The complaint lists ten causes of action, including corrupt practices, deceptive trade practices, public nuisance, fraud, unjust enrichment, among others. The county is seeking compensatory damages and punitive damages, as well as a jury trial.
The suit lists more than 20 drug manufacturers and distributors, including Purdue Pharma, the maker of the painkiller Oxycontin, Cephalon, Johnson & Johnson, Janssen Pharmaceuticals and Ends Pharmaceuticals, as well as several physicians.

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Columbus files suit against opioid makers, distributors

Dec 15, 2017 | The Columbus Dispatch (OH)

By Rick Rouan

Columbus is suing drug manufacturers, distributors and others who city officials think are responsible for the opioid crisis.
The city filed the lawsuit Friday afternoon against three distributors, including Dublin-based Cardinal Health, five manufacturers and three individuals in U.S. District Court in Columbus. The city joins dozens of other governments across the country, including Cincinnati and Dayton, that have filed similar lawsuits.
The lawsuit does not specify the amount of damages Columbus is seeking, but city Attorney Richard C. Pfeiffer Jr. said “this is going to be a big number.”
“What we need is money to treat the problem,” he said. “What you’re talking about is a number that’s not cheap.”
Among the other companies and individuals named in the lawsuit are pharmaceutical companies Purdue Pharma, a company that manufactures OxyContin; Teva, Johnson & Johnson, McKesson Corp. and AmerisourceBergen, as well as four doctors and researchers who allegedly contributed to the belief that opioids were not addictive.
City officials reached out to Cardinal Health to discuss the potential for resolving a case before a lawsuit was filed, but the company didn’t respond, said Columbus City Council President Zach Klein, who was elected to replace Pfeiffer when he retires at the end of the year.
“We had no success in doing that,” he said.
Klein said he and Pfeiffer met with Cardinal CEO George Barrett this fall to discuss ways to avoid a lawsuit, and “they were going to take it under advisement.”
He said he followed up with Cardinal’s lawyers several times since, but the city has not “received any action that indicates affirmative steps to have further conversations on this matter.”
Pfeiffer said negotiating with Cardinal “could have been considered unrealistic” given the company is dealing with several other similar lawsuits, but “we believe we approached it the right way.”
In a statement, Cardinal Health said it was “disappointed that the city chose to file this copycat lawsuit.”
“While we do not believe litigation is the solution to this problem, we will defend ourselves vigorously against this baseless lawsuit. The people of Cardinal Health care deeply about opioid abuse and addiction,” the company wrote in its statement. “We believe there is an urgent need to work towards real and meaningful solutions, right now! We are actively engaged in solving this complex public health crisis and saving lives.”
A City Hall source said Cardinal’s only suggestion was to provide Narcan, which is used to counteract overdoses, to agencies in the region. Cardinal already has pledged to spend $10 million through the first half of 2018 on opioid-abuse prevention, including drug education and free doses of Narcan.
“Cardinal said, ‘We have a $10 million commitment for education programs.’ OK, fine. Narcan? We’ve got cops out there giving kids Narcan and keeping them alive. The key is how do you deal with addiction? How do you give treatment?,” Pfeiffer said. “That’s going to be a big number.”
Shortly after Klein and Pfeiffer met with Barrett, the city council approved hiring Carpenter, Lipps & Leland to advise the city on legal claims associated with the opiate crisis. The company is paid based on contingency fees, with payouts ranging from 15 to 30 percent depending on whether a lawsuit goes to trial.
The firm filed the lawsuit Friday on the city’s behalf. The lawsuit alleges that the manufacturers and distributors caused the crisis when they failed to report suspicious shipments of opiates and that those companies continue to profit from the sale of opioids while the city is left to deal with the fallout.
An industry association representing manufacturers could not be reached for comment Friday.
John Parker, a spokesman for the Healthcare Distribution Alliance, said distributors “understand the tragic impact the opioid epidemic across the country ... but we aren’t willing to be scapegoats.”
“Distributors are logistics companies that arrange for the safe and secure storage, transport, and delivery of medicines from manufacturers to pharmacies, hospitals, long-term care facilities, and others based on prescriptions from licensed physicians,” Parker said in an emailed statement. “We don’t make medicines, market medicines, prescribe medicines, or dispense them to consumers.”
Based on that role, Parker said, “the idea that distributors are solely responsible for the number of opioid prescriptions written defies common sense and lacks understanding of how the pharmaceutical supply chain actually works and how it is regulated.”
Distributors are willing to have “a serious conversation” with political leaders and all stakeholders about how to solve the complex opioid problem.
The lawsuit was filed in the federal court in Columbus, which is the seat for the Southern District of Ohio, but it will become part of a multi-district litigation, or MDL, that will be assigned to U.S. District Judge Dan A. Polster of the Northern District of Ohio in Cleveland. Earlier this month, a judicial panel selected Polster over Judge Edmund A. Sargus Jr. in Columbus to hear the case.
The cases filed across the country were organized into an MDL so that, after a few are resolved, the remaining plaintiffs might decide to settle, withdraw or pursue a trial.
“From my perspective this lawsuit isn’t about filling the city coffers,” Klein said. “This lawsuit is about getting resources to people and families that desperately need them.”

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Columbus joins list of cities suing drugmakers over opioids

Dec 16, 2017 | Associated Press

By Staff

Ohio's largest city is joining cities and counties around the state and country by filing its own lawsuit against prescription drugmakers and distributors.
The lawsuit filed by Columbus in federal court Friday names the three major drug distributors including suburban Columbus-based Cardinal Health and five drug manufacturers.
Columbus city attorney Richard Pfeiffer (FEYE'-fuhr) Jr. told The Columbus Dispatch the city is seeking a large amount of money to address an expensive problem.
The companies have all denied wrongdoing in response to similar lawsuits filed around the country. Cardinal spokeswoman Courtney Tobin said the company was disappointed Columbus filed what she called a "copycat lawsuit."
Tobin said Cardinal is actively engaged in solving the opioid crisis and saving lives.
Cincinnati, Dayton, Toledo and the state of Ohio have filed similar lawsuits.

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Southwest (OK, TX)

In Opioid Battle, Cherokee Want Their Day in Tribal Court

Dec 17, 2017 | The New York Times

By Jan Hoffman

Cherokee children were disappearing.
At weekly staff meetings, Todd Hembree, the attorney general of the Cherokee Nation, kept hearing about babies in opioid withdrawal and youngsters with addicted parents, all being removed from families. The crush on the foster care system was so great that the unthinkable had become inevitable: 70 percent of the Cherokee foster children in Oklahoma had to be placed in the homes of non-Indians.
“We have addicted mothers and fathers who don’t give a damn about what their children will carry on,” said Mr. Hembree, a descendant of a revered 19th-century chief. “They can’t care for themselves, much less anything else. We are losing a generation of our continuity.”
Across the country, tens of thousands of people are dying from abuse of prescription opioids. Here in the capital of the Cherokee Nation, the epidemic is exacting an additional, deeply painful price. The tribe’s carefully tended heritage, traditions and memories, handed down through generations, are at risk, with so many families now being ruptured by drugs.
That fear is driving an unusual legal battle. Like authorities in dozens of cities, counties and states, including Ohio, New Jersey and Oklahoma itself, Mr. Hembree has sued big opioid distributors. Attorneys general from 41 states recently joined forces to investigate similar options. But instead of going to state court, Mr. Hembree filed his case in the Cherokee Nation’s tribal court.
The Cherokee suit argues that the pharmacy chains Walmart, Walgreensand CVS Health, as well as the giant drug distributors McKesson, Cardinal Health and AmerisourceBergen, flouted federal drug-monitoring laws and allowed prescription opioids to pour into the Cherokee territory at some of the highest rates in the country. Such neglect, Mr. Hembree claims, amounts to exploitation of a people.
The companies have responded by asking a federal judge to deny the tribe’s authority to bring the case. They argue that a tribe cannot sue them in tribal court, much less enforce federal drug laws. They have questioned whether a Cherokee reservation even legally exists.
“We believe this lawsuit has no merit,” a CVS spokesman said.
Both sides have mobilized battalions of prominent lawyers.
Lindsay G. Robertson, an authority on Native American law at the University of Oklahoma College of Law who is not involved in the lawsuit, believes that the case will indeed go to tribal court. He pointed to a 1985 Supreme Court ruling, which said that, barring extraordinary circumstances, a federal court should not rule on tribal court jurisdictional questions before they have been fully litigated in tribal court.
A ruling is expected soon and, regardless of the outcome, will almost certainly be appealed.
For the Cherokee, the case is fundamentally about defending their identity and survival as a tribe.
“I believe these companies target populations,” said Mr. Hembree, whose office displays include a feathered spear and a dish of bundled sage to burn for traditional blessings. “They know Native Americans have higher rates of addiction. So when they direct their product here, they shouldn’t be surprised to find themselves in a Cherokee court.”
Born Addicted
On a recent morning, a new mother in the maternity ward at the Cherokee Nation’s W.W. Hastings Hospital expected to take her baby home. Instead, in walked Crystal Bogle, a Cherokee Nation investigator.
The newborn had tested positive for numerous opiates, Ms. Bogle told the mother. The Cherokee Nation would be taking the baby into custody, she said, until the mother got clear of drugs.
The mother began sobbing.
Several times a week, Ms. Bogle and her colleagues have similar conversations at hospitals on tribal land. Sometimes, as voices rise, workers must call security guards.
Babies addicted to opioids often have a distinctive, inconsolable shrill cry, nurses at the hospital said. The most severely addicted must be evacuated by ambulance or helicopter to a Tulsa hospital with a neonatal intensive care unit, where, on morphine drips, they slowly withdraw, remaining for up to a month. The costs, which can include years of therapy for developmental delays, are astronomical.
A few months ago, Oklahoma state child welfare workers woke Nathalene Dixon, a non-Indian foster parent, at 1 a.m.: Could she take a Cherokee newborn right away? The 3-day-old, who tested positive for opioids, had been allowed to go home. But when workers got there and saw drugs, they took the baby away. For hours they had been trying, unsuccessfully, to locate an acceptable relative.
By 4 a.m., the infant was handed to Ms. Dixon, a great-grandmother whose mobile home teems with figurines of angels and birds. In two years, she has taken in about a half-dozen Cherokee children.
“I can’t understand how parents can find drugs more important than their kids,” she said.
Pill Country
Some of the Cherokee Nation’s oldest communities crouch along remote switchback roads in the verdant Ozark foothills of Adair County. Families still gather on ceremonial grounds for stomp dancing. Children fling a ball with handmade woven sticks at a wooden fish atop a pole. Many elders speak Cherokee as their first language.
But these communities are also among Oklahoma’s poorest, most sparsely populated and isolated. “There’s not much work in Adair County,” said Shawnna Roach, a tribal marshal who patrols here. “People figured out they could make money selling pills. Sometimes they call the marshals, saying their pills were stolen. Were they really stolen? Or did they sell them? They use our reports as proof to get their prescription refilled.”
In the capital, Tahlequah, a college town with cafes, tribal art shops, a heritage center and street signs written in Cherokee and English, opioids have staggered more affluent Cherokee, too. A senior health administrator takes care of her grandson after her opioid-addicted stepdaughter lost custody. A lawyer’s two daughters were given prescriptions for high school sports injuries — one is now in jail, the other in rehab.
“Several of my family members are on the pills,” said Daryl Legg, who runs an employment program for Cherokee ex-offenders.
His disabled mother wears her clothes to bed to keep pain medication on her, secured from other users in the home. “So one night my brother cut her pants pocket open while she was sleeping,” Mr. Legg said.
Tribal Court on Trial
Mr. Hembree filed his lawsuit in the Cherokee Nation’s district court, a red brick 1869 building with arched windows on Tahlequah’s town square. The courtroom looks like any conventional, if modest, state counterpart. Cherokee lawyers and judges are typically members of the Oklahoma state bar, the Cherokee Nation’s bar and often the federal bar.
The right to bring his case, Mr. Hembree says, was established in 1866.
That is when the Cherokee, who had fought with the Confederacy, signed a post-Civil War treaty with the United States. It recognized the Cherokees’ sovereignty over “the exterior boundaries of the reservation” that included millions of acres spread across what would become 14 counties in northeastern Oklahoma, home now to more than a third of roughly 360,000 Cherokee nationwide.
That treaty was the final official act of Principal Chief John Ross, a lawyer by training who led the tribe on a forced cross-country march in 1839 along “The Trail of Tears” to resettlement in Oklahoma. He is Mr. Hembree’s great-great-great-great grandfather.
On its face, the suit looks like a straightforward neglect case.
Mr. Hembree says that over a five-year period, drug distributors ignored red flags and allowed alarming quantities of prescription opioids — in 2015 and in 2016, 184 million pain pills — to pour into the region within the boundaries delineated by the Treaty of 1866. In doing so, the Cherokee argue, McKesson, Cardinal Health and AmerisourceBergen, three corporations which transport about 90 percent of the country’s prescription opioids, did not comply with federal drug monitoring and reporting requirements.
Pharmacies, which sold the medication directly, also bear responsibility, the suit says. CVS, Walgreens and Walmart have stores in the Cherokee Nation that are among the top 10 Oklahoma pharmacies for opioid sales. Pharmacists sidestepped their duties, Mr. Hembree argues, looking the other way when filling prescriptions that were obviously photocopied, written for suspicious quantities or refilled too soon.
In response, distributors say they are links in a complex chain that includes companies that make government-approved medications and licensed pharmacists.
“We intend to vigorously defend ourselves in this litigation while continuing to work collaboratively to combat drug diversion,” said a spokeswoman for AmerisourceBergen.
The pharmacy chains say their role is to dispense medications prescribed by physicians and that they, too, are making efforts to combat the opioid crisis, such as a recent event at a Walgreens in the Cherokee Nation, touting the company’s collection of unused medications.
Tribal courts generally do not have jurisdiction over people who are not Native Americans. The Cherokee are relying on a 1981 exception created by the Supreme Court: If a non-Indian business has a commercial, consensual relationship with the tribe, the Court said, the tribe may assert authority.
For now, the pharmacies and distributors have asked a federal court for an injunction to stop the case going forward. In their filings, the companies implied that they would not be treated fairly in a tribal court.
Chrissi Ross Nimmo, the Cherokee’s deputy attorney general, said in response: “Tribes appear before non-Indian courts, judges and juries every day, and we don’t automatically claim unfairness. If the Cherokee Nation has these great courts that we set up and this robust civil code, why not use it?”
The tribe, the companies argue, does not have the authority to enforce federal drug reporting requirements.
As for the Supreme Court’s exception? Neither suppliers nor pharmacists, they say, had an agreement with the Cherokee Nation.
And they say that the distribution and sale of prescription opioids did not occur on land over which the Cherokee have sovereignty. The suppliers’ headquarters are not in Oklahoma. While some pharmacies are within the Nation, others are not.
In fact, they contend, there is no “Cherokee reservation.”
Indeed, much Cherokee land within the 1866 boundaries was sold decades ago. A contemporary map of tribal property would resemble a checkerboard.
But Mr. Hembree contends that the 1866 boundaries still have legal weight; that only Congress can undo the status of a “reservation.” Congress has not done so for the Cherokee.
On Nov. 9, Mr. Hembree’s position that the Cherokee are, legally, on a reservation got fresh support. Ruling in a criminal case involving a member of Oklahoma’s Muscogee Creek tribe, the United States Court of Appeals for the 10th Circuit affirmed decisions upholding the treaty boundaries of that tribe’s reservation.
But Chief Judge Timothy M. Tymkovich seemed uncomfortable with that result, noting that history had outstripped the treaty, signed some 40 years before Oklahoma became a state. The boundaries issue, he wrote, “might benefit from further attention from the Supreme Court.”
For now, the sides await a decision. If the federal judge allows the case to go forward in tribal court, the companies can appeal. But meanwhile, the lawsuit would continue in Cherokee Nation District Court.
The loser of the tribal trial can appeal to the Cherokee Supreme Court. If the five justices rule against the tribe, its case ends. But if the decision goes against the companies, they can return to federal court.
Infusing Treatment with Tradition
As the legal battle unfolds, the tribe pushes ahead with enforcement and treatment — including drug courts, an overwhelmed Suboxone clinic and youth prevention programs. Such efforts are typical in communities across the country. But here, interventions are often steeped in Cherokee references, in an attempt to anchor tribal identity.
“Do you know where your great-grandmother’s allotment was?” asks Gaye Wheeler, a drug abuse counselor, who tries to engage Suboxone patients about family lore. “Do you know why your family’s last name is Nakedhead?”
At the Jack Brown Adolescent Treatment Center, a residential facility operated by the Cherokee Nation on 22 acres of a former dairy farm, most teens say opioids had been their drug of choice.
They come to the center from Oklahoma’s 38 tribes, and their regimen includes making flutes, bowls and drums, attending a sweat lodge and practicing stomp dancing.
“It’s important to know who you are and where you come from, to find your resources in your tribe to help you in your recovery,” said the director of the center, Darren Dry.
This year Nikki Baker Limore, the Nation’s executive director of Indian Child Welfare, initiated a tribal cultural program for children in foster care. Accompanied by a golden retriever puppy named Unali (Cherokee for “friend”), children read Cherokee animal fables and learn basket-making and weaving from the National Treasures — Cherokee elders dedicated to preserving the tribe’s traditions.
“We have great-great grandparents who were products of the Trail of Tears,” said Mrs. Baker Limore, her voice shaking as she pointed out the children’s artwork. “They were resilient, but we lost a lot of tribal members along the way.”
“And now,” she continued, “you have an opioid epidemic that is wreaking havoc on families, tearing them apart. I am not sure we’re going to be resilient enough to overcome this one.”

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Fear of losing heritage drives Cherokee Nation opioid case

Dec 18, 2017 | Associated Press

By Staff

Cherokee Nation officials say fear of losing the tribe’s heritage is driving a lawsuit that alleges distributors and retailers of opioid medications have contributed to prescription opioid abuse within the tribe.
The New York Times reports that opioid use is so prevalent that 70 percent of Cherokee foster children in Oklahoma have been placed in the homes of non-Indians.
Tribal Attorney general Todd Hembree says babies in opioid withdrawal and youngsters with addicted parents are being removed from families and tribal officials fear the tribe is losing a generation of its continuity.
The lawsuit was filed in Cherokee Nation District Court in April. But opioid producers claim that the tribe cannot sue them in tribal court, much less enforce federal drug laws.

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County hires firm for opioid lawsuit

Dec 17, 2017 | The Journal Gazette (TX)

By Dave Gong

In a unanimous vote Friday, the Allen County commissioners approved a contract with a law firm to pursue litigation against 11 opioid distributors.
The firm retained is Crueger Dickinson LLC, which will investigate and prosecute claims against the 11 distributors named in the lawsuit.
“The claim against a number of pharmaceutical companies is that they misrepresented the nature of the opioids that they were recommending doctors dispense for other than severe pain problems,” County Attorney Bill Fishering said.
The agreement approved Friday stipulates there is no fee for the legal services provided unless a financial judgment is rendered in favor of the county. In that case, the Wisconsin firm would take 25 percent of the settlement, Fishering said.
It's not yet clear where the lawsuit will be filed, but Commissioner Nelson Peters said it's possible the case will be heard in federal court in the northern district of Ohio. The purpose behind the lawsuit is to hold accountable distributors who may have misled doctors and the public about the addictive nature of opioid painkillers.
Peters said the process reminds him of tobacco settlements in the late 1990s.
“You've got the people the distributors, the manufacturers sort of duped into believing these are nonaddictive things and once they become addicted, they find out it's really not a healthy environment and consequently they end up with things from HIV to drug abuse,” Peters said.
If the county receives a financial award, either in the form of a judgment or a settlement, Health Commissioner Deborah McMahan said she hopes those funds will be invested into developing infrastructure to help treat people suffering from opioid addiction.
“What we need to do is continually reprioritize what we're doing with this money,” McMahan said. “One of the greatest needs are sober living environments, but we also need to build infrastructure to increase the capacity to treat (people with opioid addictions). We really don't have enough physicians who are trained to provide services to people who really need them.”
To that end, McMahan said the community needs to invest in helping medical care providers, whether they be hospitals, primary care offices and mental health services, talk to each other. More communication, McMahan said, will lead to more comprehensive care in the face of a crisis that's only getting worse.
Citing figures from the Fort Wayne Police Department, McMahan said from January to November this year, Allen County had 1,130 drug overdoses.
The total for 2016 was 804. Additionally, there have been 94 overdose deaths this year, with 50 still pending toxicology results, McMahan said.
“The crisis is deep. It cuts a wide swath through the community. If you're fortunate enough to not be personally or professionally engaged, you're becoming more aware,” McMahan said.
County Commissioner Therese Brown said the move is a step toward resolving an issue that affects every aspect of the community from law enforcement to economic development.
“We have individuals having trouble gaining employment and individuals having a hard time retaining employment and even more so employers having a hard time finding individuals who can sustain employment,” Brown said.
“This is a bigger issue than just what we do on a day-to-day basis as a governmental unit.”

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County joins class action opioid lawsuit

Dec 15, 2017 | Weatherford Democrat (TX)

By Maggie Fraser

Parker County joined 25 other Texas counties this week in a class action lawsuit against Purdue Pharmaceuticals and other major drug manufacturers for their role in the epidemic of opioid addiction.
The Parker County Commissioners Court Monday unanimously approved both a resolution to join the suit and a retention agreement for the services of Cappolino, Dodd and Krebs L.L.P, one of the two firms pursing the class action suit.
“We have a law firm that’s contacted us,” County Attorney John Forrest said. “They currently have filed litigation against pharmaceutical companies for the prescription of opioids. They have 25 counties under contract, and they’re discussing with us if we’d like to join in that class action suit.”
If successful, the suit would “go back and recover costs” from pharmaceutical companies to cover costs incurred by counties in dealing with the effects of opioid abuse, Forrest said.
“Pharmaceutical companies have been prescribing opioids for chronic pain as opposed to acute pain, meaning that they encourage doctors and physicians to continuously prescribe this medication,” he said. “Based on studies, they’ve determined that after 30 days on these prescriptions, individuals become addicted.
“It causes all kinds of problems in a community. Specifically, increased medical costs, increased costs due to crimes committed, and problems with these individuals’ productivity due to their addiction. These drugs are Fentanyl, OxyContin and those types of prescription drugs that contain opioids.”
Over-prescription of opioids can be a “gateway” to heroin use, with 80 percent of heroin users beginning their addiction with prescription opioids, according to a report from the National Institute on Drug Abuse.
“Once individuals can no longer get prescription drugs, they could potentially get into heroin,” Forrest said. “You have overdoses that are documented here in Parker County as a result of heroin use. Apparently, with CPS, we also have this issue with parents who are using heroin or opioids.”
There is no cost to the county to join the suit, he said, though the firms seeking damages will receive a 25 percent contingency fee from the money recovered if the suit is successful.

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Burnet County considers joining Texas lawsuit over opioids crisis

Dec 15, 2017 | DailyTrib.com (TX)

By Connie Swinney

Burnet County commissioners could join a lawsuit with more than two dozen other Texas counties to recoup the cost from pharmaceutical companies they believe have fueled opioids abuse and placed a financial burden on entities and resources combating the crisis.
The law firm of Simon, Greenstone, Panatier, Bartlett PC and Cappolino Dodd Krebs LLP Attorneys at Law have asked the Burnet County Commissioners Court to join them and 26 other counties in the pending litigation.
The court will meet Dec. 21 to vote on a resolution to give the attorneys power to collect evidence and compile figures among several local entities to determine the extent and cost of opioids abuse in Burnet County.
Opioids, typically associated with the illicit drug heroin, also include legal prescription painkillers such as hydrocodone, oxycontin, methadone, and morphine.
“A lot of cases are being filtered through the CPS (Child Protective Services) system related to opioid abuse,” Burnet County Attorney Eddie Arredondo said. “There’s also a connection to increased number of criminal cases. All that leads to increased costs in courts and the need for more law enforcement.”
Research by the law firms could hasten full participation by the county in the legal action.
“The goal is to recover some of the funds that the pharmaceutical companies have amassed and allow that to be used for more education, rehabilitation, and law enforcement,” said attorney Richard Dodd of Cappolino Dodd Krebs LLP Attorneys at Law.
Arredondo said local officials can point to “anecdotal” evidence of the impact on county and law enforcement resources, but legal action could uncover statistics that detail the financial toll on the county.
“Pharmaceutical companies could be responsible for the damages,” Arredondo said.
Research may also reveal more information about how and why the crisis has unfolded.
“There are possession cases, sometimes, where people are abusing their prescription medication. Sometimes, people are in possession of opioids illegally,” Arredondo said. “The true damage comes from the addictions. There are good, decent people finding themselves, through no fault of their own, getting addicted to these medications because they’ve had an injury of some sort.”
The ultimate goal of the litigation would be to halt the crisis.
“We know that addiction has no boundaries and destroys families and communities,” Dodd said. “If nothing else, we hope that it spreads the word and educates the community about this issue so that more people do not fall into the throngs of addiction.”

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County continues to weigh suing opioid manufacturers

Dec 18, 2017 | Victoria Advocate (TX)

By Marina Riker

For the third week in a row, Victoria's county commissioners will discuss whether to join dozens of other Texas counties that are suing drug companies to help offset financial impacts of the opioid crisis.
Commissioners are scheduled Monday to hear from a second law firm about whether the county should sue prescription painkiller manufacturers and distributors.
Victoria County's consideration of the issue comes after dozens of counties throughout the country are suing drug companies, accusing them of powering the opioid addiction crisis and downplaying the risks of painkillers.
County Judge Ben Zeller said he wasn't expecting commissioners to make a decision about whether to file a lawsuit during Monday's meeting.
Also Monday, commissioners are planning to discuss a grant from the Federal Aviation Administration to help fund projects and repairs at the Victoria Regional Airport.
"We've gotten that type of grant before," Zeller said.
Commissioners are also planning to discuss a grant to build sidewalks in Bloomington. This comes weeks after officials reported Bloomington would receive a $275,000 grant to upgrade the town's sewer and water systems.

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Commentary and FYIs

Prosecutors Treat Opioid Overdoses as Homicides, Snagging Friends, Relatives

Dec 17, 2017 | The Wall Street Journal

By Joseph Walker

After Daniel Eckhardt’s corpse was found on the side of a road in Hamilton County, Ohio, last year, police determined he died of a heroin overdose.
Not long ago, law enforcement’s involvement would have ended there. But amid a national opioid-addiction crisis fueling an unprecedented wave of overdose deaths, the investigation was just beginning.
Detectives interrogated witnesses and obtained search warrants in an effort to hold someone accountable for Mr. Eckhardt’s death. The prosecutor for Hamilton County, which includes Cincinnati and its suburbs, charged three of Mr. Eckhardt’s companions, including his ex-wife and her boyfriend, with crimes including involuntary manslaughter, an offense carrying a maximum prison sentence of 11 years.
Mr. Eckhardt voluntarily took the heroin that killed him, but prosecutors alleged the trio were culpable because they bought and used heroin with him that they knew could result in death.
The indictments were part of a nationwide push to investigate overdose deaths as homicides and seek tough prison sentences against drug dealers and others deemed responsible. It’s an aggressive tactic law-enforcement officials say they’re using in a desperate attempt to stanch the rising tide of overdose deaths.
Fueled by a flood of heroin laced with fentanyl and other powerful synthetic opioids, the overdose death rate in Hamilton County more than tripled between 2006 and 2016 to 50 per 100,000 people, or four times as many as those killed in traffic accidents. Nationally, some 64,000 Americans died from overdoses last year, up 86% from 2006, according to the Centers for Disease Control and Prevention.
A newly created heroin task force in Hamilton County has investigated hundreds of deaths in the past two years, resulting in a dozen involuntary manslaughter indictments in state court and 13 federal indictments for distribution of controlled substances resulting in death.
“The deaths—that’s why. All the people dying,” Cmdr. Thomas Fallon, who leads the Hamilton County task force, says of the prosecution push. “Even in the cocaine and crack days, people didn’t die like this.”
At least 86 people nationwide received federal prison sentences last year for distributing drugs resulting in death or serious injury, up 16% from 2012, according to the U.S. Sentencing Commission, a federal agency that determines sentencing guidelines for judges. An analysis of news reports found 1,200 mentions nationally about drug-death prosecutions in 2016, three times the number in 2011, according to a recent report by the Drug Policy Alliance, a nonprofit group that supports decriminalizing drug use.
The prosecutions often employ tough-on-crime legislation born of the crack-cocaine epidemic of the 1980s and 1990s. These state and federal laws hold drug distributors liable for overdose deaths. Selling even small amounts can result in decades or even life in prison.
In some states, such laws were rarely enforced until recently. Benjamin J. Agati, a veteran prosecutor in the New Hampshire Attorney General’s office, has helped train police departments throughout the state in how to build cases under the state’s drug-induced homicide law, which carries a maximum penalty of life in prison. The law was enacted in the late 1980s but was rarely applied before the surge in opioid deaths, Mr. Agati says.
Before the current overdose crisis, the typical police response to a drug death was “ ‘OK, I gotta call the medical examiner, notify next of kin, make sure there’s no foul play and dispose of the needle. And then I’m outta here,’ ” Mr. Agati says. “It’s just another person who’s died from addiction and that’s it.”
In late 2015, a Justice Department task force recommended that law enforcement “prioritize prosecutions of heroin distributors, especially when the drug causes death.” Since 2013, Kansas and Delaware have passed laws that punish dealers for distributing drugs that result in death, and 13 state legislatures have introduced bills that would do the same, according to the Drug Policy Alliance.
The prosecutions sometimes nab members of drug-distribution gangs like that of Navarius Westberry. Last year, Mr. Westberry pleaded guilty in federal court in Kentucky to operating a drug-trafficking ring that distributed up to a kilogram of heroin and 50 grams of fentanyl over an 18-month period that killed at least one person. He was sentenced to life in prison.
But in courtrooms around the country, prosecutors are also sweeping up low-level dealers who are addicts trying to support their habit, as well as friends and family members of overdose victims who bought or shared drugs with the deceased. Some critics of the prosecution tactic say these users need treatment, not harsh prison sentences.
Critics see the prosecutions as more of the same drug-war tactics that have filled America’s prisons with nonviolent criminals but done little to stop illicit drug use. There’s scant evidence that fear of prison deters addicts from using, and for every dealer put behind bars, another is ready to take his place, says Lindsay LaSalle, an attorney with the Drug Policy Alliance.
Law-enforcement officials say they’ve seen some signs the prosecutions may be deterring dealers, including jailhouse phone calls they say they’ve overheard in which inmates warn associates that police are pressing homicide charges against drug traffickers. They say drug-death prosecutions are just one piece of a broader strategy to combat the crisis, including urging addicts into rehab and taking down large-scale traffickers.
In Hamilton County, heroin addiction looms large. Cmdr. Fallon, the task force commander, is raising his grandson because his adult child is hooked. The daughter of another officer barely survived a heroin overdose earlier this year. A former county prosecutor, Allison Hild, pleaded not guilty earlier this year to charges of trafficking heroin.
The task force members, who are on call 24 hours a day to respond to overdoses, include officers from local police departments, the state Highway Patrol and a federal agent from the Drug Enforcement Administration.
When Detective Mark Bohan’s cellphone woke him from a deep sleep just before midnight one October night, he thought it must be his 4 a.m. alarm rousing him for the gym. Instead, it was a text message alerting him to a suspected heroin overdose.
Detective Bohan, a fit man with dark hair and a goatee, got dressed and drove to the scene, hoping to gather evidence that might lead him to the dealer who sold the fatal dose to the 26-year-old male victim.
On the porch of the two-story white house, Halloween decorations hung from the rafters and the dead man’s girlfriend smoked a cigarette. “I thought he was clean,” she sobbed. Detective Bohan, 49, searched the man’s cellphone for text messages that might point to where he bought the drugs. He asked the woman if she knew the name of her boyfriend’s dealer, but she could only give an address.
A few years ago, when Detective Bohan was investigating rapes and murders, he never would have dragged himself out of bed near midnight for an overdose. The most attention a drug death received then was a brief visit from a uniformed patrolman to check for foul play, he said. “Until the heroin hit so bad…there was really no investigation afterward.”
Earlier that day, a group of task-force officers attempted to gather evidence against an alleged dealer linked to a different overdose death. In a police station parking lot north of Hamilton County, Lt. Joe Boyatt and his colleagues affixed a hidden wire to an informant who barely survived an overdose after taking drugs from the same alleged dealer. His friend wasn’t as lucky and died from what turned out to be a fatal combination of fentanyl and other synthetic opioids.
Lt. Boyatt, 61, recruited the 26-year-old man to be a confidential informant while he was recovering in the hospital a few months earlier. “We want to find the people who are selling the stuff,” Lt. Boyatt told the young man. “There’s nobody but you that has as much information.”
The informant, a college graduate with dirty-blond hair, said he agreed to cooperate with the police “to bring closure to [the] family” of his friend. “I’m just gonna try to do right by him,” he said.
In a nearby suburban neighborhood, the officers watched from parked cars as the dealer approached the informant’s car and allegedly sold him $60 worth of fentanyl. The investigation is continuing.
The task force presents its cases to either the county prosecutor or the U.S. attorney in Cincinnati, who decide whether to press charges.
On the night of Daniel Eckhardt’s death last year, he was with his ex-wife, Bridget Bode, and her boyfriend, Wesley Dean Williams. Also there was Destany Davidson, who was on a first date with Mr. Eckhardt, according to the task force’s investigative report. After buying $120 of heroin in Cincinnati, the quartet drove 30 miles back to Mr. Williams’ house in West Harrison, Ind., where they spent the night getting high.
Ms. Davidson, 19, told police she awoke around 4 a.m. to find that Mr. Eckhardt was lying next to her dead from an overdose. After carrying Mr. Eckhardt’s body and possessions into Mr. Williams’ car, the group drove around for a short while, then crossed back into Hamilton County and dumped Mr. Eckhardt’s body on the side of a road, according to the investigative report.
The coroner’s office later found that the heroin Mr. Eckhardt used also contained fentanyl, and he likely slipped into a coma “for some time” before dying.
After the task force completed its investigation, the detectives handed the case to Seth Tieger, a veteran Hamilton County prosecutor, who charged the trio with tampering with evidence, abusing a corpse, corrupting another with drugs and involuntary manslaughter.
Ms. Bode and Ms. Davidson each pleaded guilty to involuntary manslaughter and tampering with evidence, and were sentenced to three years in prison. Mr. Williams pleaded guilty to tampering with evidence and also received a three-year sentence.
The sentences weren’t harsh enough to satisfy Mr. Eckhardt’s mother, Pamela Eckhardt, who says she was blindsided by the plea agreements. “It was a slap in the face,” Ms. Eckhardt says, sitting in her sister’s upholstery shop on Cincinnati’s west side. “It was shoved under the rug like his life didn’t matter.”
Mr. Tieger says sending all three defendants to prison was a good outcome, and that sometimes victims’ families are “looking for more from the justice system than we’re able to give.”
A two-hour drive south from Hamilton County, Kerry B. Harvey, the mustachioed U.S. attorney for eastern Kentucky from 2010 to early 2017, made prosecuting drug-deaths a priority around 2015. He used a 1986 federal law that had rarely been applied in the district, which established a mandatory 20-years-to-life sentence for distributing drugs that resulted in death or serious injury. The penalty grew to life in prison for defendants with prior felony drug convictions.
He saw the approach as a way to bring solace to families devastated by the increasing number of heroin-related deaths in the area. Plus, the law’s stiff penalties helped persuade dealers to cooperate against bigger suppliers, he said.
“When someone is looking at 20 years to life, they’re gonna tell you whatever they know to save themselves,” he said.
Mr. Harvey assigned three prosecutors to work on the cases and began working with local police to investigate overdose deaths as homicides. Since 2015 one of the prosecutors, Todd Bradbury, has convicted 16 people for selling drugs that resulted in death, two of whom received life sentences.
One of those convicted was Fred Rebmann, who in 2016 sold $60 of fentanyl to Kathleen Cassity. Ms. Cassity was six months pregnant and died within hours of buying the drugs. Doctors performed an emergency C-section, but failed to save the life of her unborn child.
At the time, Mr. Rebmann was 31 and spent his days scheming to obtain enough heroin to avoid withdrawal. “I would work odd jobs…steal…hold up signs for money,” he said in an email from prison. He also dealt drugs. “There were days I’d sell heroin to get my own, and there were days I sold scrap metal,” he said in a telephone interview.
Addiction doesn’t “disqualify” small-time dealers like Mr. Rebmann from prosecution, says Mr. Bradbury, the prosecutor. “He knew he was selling something extremely dangerous to a pregnant woman,” he says. Mr. Rebmann says he didn’t know Ms. Cassity was pregnant.
Mr. Bradbury offered him a deal. If Mr. Rebmann pleaded guilty, prosecutors would recommend a 20-year sentence that, with credit for good behavior, could be reduced by three years. If he went to trial and lost, Mr. Rebmann faced mandatory life in prison because of a 2012 heroin-possession conviction.
Mr. Rebmann took the deal and pleaded guilty in August 2016, but U.S. District Judge Joseph M. Hood, a Vietnam War veteran appointed to the bench in 1990, rejected Mr. Bradbury’s sentencing recommendation. Ms. Cassity died “because you wanted to stick a needle in your arm,” Judge Hood told Mr. Rebmann, according to a transcript of the hearing. He sentenced Mr. Rebmann to 30 years in prison.
“I want it to be known here in Lexington… if you get convicted of dealing in heroin and a death results, 20 years isn’t enough,” Judge Hood said. “Time for coddling is over.”

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Treatment courts are one method of dealing with the opioid crisis (OPINION)

Dec 16, 2017 | The Sault News (MI)

By Patrick Shannon

Recently I was honored to host our treatment court graduation. This was a wonderful reprieve from the recent onslaught of groping allegations and garbage news that has permeated the news cycle.
Five members of our treatment court were honored for completing the 18-month program of sobriety. Approximately 100 family members and friends attended the celebration.
Their success not only results in a release from court ordered probation but a start to a healthy life free from the effects of substance misuse.
Treatment courts are one method of dealing with the opioid crisis in this state. However, one must first commit a crime to access the opportunities available.
The vast majority of those suffering from prescription and illicit opioid misuse never find their way into the courtroom.
Prevention, intervention, and treatment are major tenets for our work as a community to stem the tide of death resulting from opioid abuse as result of drug overdoses and treatment courts provide one small resource.
As I looked over the attendees at our treatment court graduation, I saw children, parents, aunts, uncles and friends of the honorees. This plague has not only killed thousands yearly (last estimate was 65,000 people nationally), it is devastating families including the very young and the unborn.
The cost to human life and government is astounding. Much of the blame is attributable to the pharmaceutical industry that manufactured and marketed these highly addictive drugs. Some states and cities are suing the pharmaceuticals similar to the tobacco litigation of the 1990′s. We cannot sue because Michigan’s legislature eliminated drug company product liability years ago. The result is a shift of cost and responsibility to state and local law enforcement, health providers, and citizens.
Today we find ourselves reacting to a health care crisis with minimal and outdated governmental tools. However, the other evening at our treatment court graduation I witnessed hope, love, and the commitment for the sanctity of life regardless age or addiction. These are tools that government can never generate on behalf of its citizenry.
Michigan is responding to the drug abuse crisis. The Prescription Drug and Opioid Abuse Commission have made several recommendations to the Governor and are working on more suggestions. One recommendation would require that funding for state court treatment programs would be contingent on the program’s certification by the State Court Administrator and that all judges operating a treatment court program be trained in addiction health.
Also, our legislature recently approved a series of laws that will limit pain medication prescriptions and increase the oversight of the prescribing practices by physicians. I plan to comment on this series of laws in future columns.
Overall, the good people of the EUP and Michigan are responding to the devastation created by addictive pharmaceutical drugs and their illicit alternatives. The pace is slow but there is movement.
Our response must first be local to provide prevention, intervention, and treatment options for addiction. The loss of any life is too great.
If you see me around town, feel free to stop and share your opinion with me because you may have a solution to this lethal problem.

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'The Court System Shouldn't Interrupt the Treatment Process'

Dec 16, 2017 | The Atlantic

By Maura Ewing

The notion that drug addiction is a health condition is not, in the main, controversial in 2017—not politically and not medically. For decades, doctors and researchers have categorized it as a disease, and in recent years the majority of the American public has caught up with them, with widespread support for increased access to treatment and reduced reliance on incarceration. But this consensus hasn’t entirely translated to the courts.
There’s perhaps no case that illustrates this disconnect more clearly than one that’s playing out in Massachusetts. There, the state Supreme Court is considering the appeal of 29-year-old Julie Eldred, who’s contesting a trial court’s decision that she violated probation by failing a mandatory drug test. She’d been under court supervision for theft for 12 days in 2016 when she tested positive for fentanyl, a powerful opiate; she subsequently spent 10 days in jail before being sent to an inpatient treatment facility.**
Eldred says that she shouldn’t be punished for her inability to abstain from drugs, and that the jail time violated her constitutional protection against cruel and unusual punishment. Relapse is a symptom of her illness, she’s argued, and doesn’t amount to a purposeful violation of court orders. On the one hand, the top law-enforcement officer in Massachusetts would seem to agree: Attorney General Maura Healey told the Associated Press last year that “for far too long” addiction hasn’t been treated like a medical condition: “I think about addiction as a disease in the same way we think about diabetes as a disease or heart disease as a disease.” But in Eldred’s case, that thinking hasn’t influenced the state’s argument: Healey’s office has refined its stance to say that, in a legal setting, it’s not the same thing.
Eldred’s lawyer, Lisa Newman-Polk, told me that to her knowledge, this case marks the first time that a court will debate whether relapse should be considered a medical symptom. Should the court rule in Eldred’s favor when it releases its decision this spring, it would have ramifications for how probation guidelines are imposed across the state, and likely spur similar suits across the nation. Legal observers have called this the most important case to come before the Massachusetts Supreme Court in the past decade.
As it stands, judges have tremendous discretion to determine when a failed drug test during probation should be met with additional treatment or incarceration. Though the judge in Eldred’s case ultimately moved her into inpatient treatment from jail, under Massachusetts law she could have put Eldred behind bars for the remaining two-and-a-half years of her theft sentence.*
Newman-Polk’s argument, which is shared by many medical professionals, is that incarceration poses a threat to the recovery process—not that court-ordered drug treatment or testing is unfair, or that criminal sanctions shouldn’t be imposed on probationers who don’t comply with treatment. Eldred had been on a regime of anti-craving medicine, Suboxone, for five days when she relapsed.
“From a therapeutic perspective, it is very disruptive to put somebody in a position where they’re afraid if they talk about relapse—or even talk about cravings to relapse—they could be jailed,” said Newman-Polk, who previously worked as an addiction counselor. “If the court feels that addiction treatment is a necessary probation condition, then the court system shouldn’t interrupt the treatment process.”
Assistant Attorney General Maria Granik’s argument in the case has contrasted sharply with her boss’s public remarks about substance abuse. In a brief to the court, Granik wrote that “most people with drug addiction retain the ability to exercise choice.” And in her oral arguments in early October, she said that it could “not be determined with any kind of scientific or medical certainty” that Eldred’s relapse was involuntary. By putting her in jail, the Commonwealth was protecting her, Granik has claimed.
Eldred has struggled with substance abuse for years. She first experimented with OxyContin in high school, which helped ease her social anxiety, she told TheBoston Globe. “It made me feel like I could fit in wherever I wanted,” said Eldred, who told the paper her biological parents both had issues with addiction. Occasional use became daily, and in her early 20s, she turned to heroin.
Eldred’s 2016 probation violation wasn’t her first, though that doesn’t appear to have influenced the judge’s decision making. She was put on probation four years ago for a previous theft charge, but after testing positive for heroin in a drug test, she served two months in jail. That period of incarceration was counterproductive to her recovery, she’s said: Drugs were easily available, and the trauma of witnessing inmate-on-inmate violence and undergoing invasive search procedures set her back emotionally. “I wish they could spend one night in [jail], all the people who think it’s a good idea to send us there,” Eldred told the Globe.
While Eldred’s case may seem to spring from the ongoing opioid crisis, the debate at the heart of it is an old one. Newman-Polk’s argument resurfaced a 1962 Supreme Court decision, Robinson v. California, in which the high court ruled that it is unconstitutional to criminalize the state of being addicted to narcotics. Delivering the opinion for the court, Justice Potter Stewart wrote:
"It is unlikely that any State at this moment in history would attempt to make it a criminal offense for a person to be mentally ill, or a leper, or to be afflicted with a venereal disease. A State might determine that the general health and welfare require that the victims of these and other human afflictions be dealt with by compulsory treatment, involving quarantine, confinement, or sequestration. But, in the light of contemporary human knowledge, a law which made a criminal offense of such a disease would doubtless be universally thought to be an infliction of cruel and unusual punishment in violation of the Eight and Fourteenth Amendments.
We cannot but consider the statute before us as of the same category."
However, the justices did not decriminalize behavior associated with addiction, such as possessing narcotics—or using them against court orders, as Eldred did. Case law in Massachusetts has precedent for arguing that a person cannot be incarcerated for an infraction they committed unwillingly—an indigent defendant, for example, cannot be jailed for their inability to pay restitution to a victim. Newman-Polk has argued that this logic applies here, too. “Julie Eldred did not ‘choose’ to relapse any more than a person who has hypertension chooses to have high blood pressure, a person who is homeless chooses to sleep in an alley, or a person who is destitute chooses not to pay court-ordered fees restitution,” she wrote in a court brief.
These analogies make sense to Kristen Underhill, a Columbia Law School professor who studies how law influences health choices and risk behavior. “Expecting people to remain drug-free as a condition of probation is not a realistic condition given what we know about how this addiction works,” she said. However, “the extent to which you buy into that analogy depends on how appreciative you are of the science on why people are addicted to drugs.”
Eldred’s suit has attracted attention from medical experts, as well as from progressive groups like the ACLU. The American Academy of Addiction Psychiatry; the Massachusetts Medical Society; and Charles O’Brien, founder of the University of Pennsylvania’s Center for Studies of Addiction, have each filed amicus briefs.
Meanwhile, the attorney general’s office has drawn support from specialists who maintain that addiction is not primarily a brain disease; as well as Richard Nixon’s former drug czar, Robert DuPont, and the National Association of Drug Court Professionals. “Of course there are brain changes in addiction. The question is, to what extent do those changes preclude self-control?” said Sally Satel, a psychiatrist and resident scholar at the American Enterprise Institute, a conservative think tank in Washington, D.C., who contributed to an amicus brief on the Commonwealth’s side.
Satel said consequences are an essential deterrent for patients at the methadone clinic where she works part-time. “I see that every day in my clinic. Why do you think that people are coming in?” she said. “They know someone will leave them, or they know that they’re going to jail.”
If the justices rule for Eldred, they wouldn’t necessarily be setting precedent for decriminalizing addiction-associated behavior. “I don’t think … we need to go all the way down the slippery slope,” Underhill said. The opinion “could be written extremely narrowly to apply to the probation context, and it could reserve judgment to any other permeation of this argument.”
Even among those who strongly believe in the brain-disease model, there are some who think incarceration shouldn’t be entirely taken off the table as punishment. John Kelly, a Harvard Medical School psychiatry professor who teaches addiction medicine, claims neither Newman-Polk’s nor the Commonwealth’s argument is totally accurate.
He agrees with Newman-Polk that relapse is a symptom of disease and that punishing a person for “expressing symptoms” is “unethical.” Still, he said, the attorney general’s office is right in arguing that the degree to which a person loses their ability to avoid relapsing depends on their addiction’s severity. A deterrent, like mandatory treatment or even brief jail time, can augment recovery if the conditions are right, he said. “I would argue that you can require someone to remain drug-free, but instead of the threat of jail you can have the threat of more treatment,” Kelly said.

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Litigation Is Not The Solution To The Opioid Epidemic

Dec 15, 2017 | Law360

By William Escobar, Neil Merkl, Clifford Katz and Sumithra Naidoo

According to almost every major media outlet, America is now in the midst of an opioid addiction crisis, which President Trump has declared a “national public health emergency.” [1] Sensational publicity and a growing public demand that something be done have led some to conclude litigation is part of the solution.
In response, state attorney generals and others are seeking redress from pharmaceutical companies for the costs of addiction. Opioid manufacturers are now facing over one hundred actions filed by cities, counties and states across the country.

These individual claims, and the media-driven censure accompanying them, started out with particularized allegations of misconduct leveled against individual parties. Now, though, this publicity too quickly and too often morphs into an indictment of “Big Pharma.”

Former tobacco trial lawyer Richard Scruggs, writing in Law360, Jay Edelson, addressing the Chicago City Club panel, and others have been quick to liken the opioid litigation phenomenon to the large-scale tobacco litigation of the 1990s, which resulted in a mass settlement by the four largest tobacco companies.[2][3] Some similarities do exist:

The false assertion in the opioid suits is that, like tobacco companies, pharmaceutical manufacturers concealed the risks associated with chronic use of their products. Big Pharma is further accused of exaggerating the effectiveness of abuse-deterrent tools and overstating the benefits of opioids as a treatment for chronic pain, sometimes through a third-party scientist or researcher.

Both industries also found themselves operating in a highly politicized climate. The media has pulled no punches and politicians have obliged with soundbites. If you type "opioids" into a search engine, chances are you’ll be greeted with headlines like: “Opioid abuse is in everyone’s backyard”,[4] “Even this puppy wasn’t safe from America’s opioid crisis”[5] and “Born Addicted: The number of opioid-addicted babies is soaring.”[6] NJ Gov. Chris Christie described the opioid crisis as “the AIDS epidemic of our generation, but even worse”[7] and the death toll as “like 9/11 every 2.5 weeks.”[8] In an eerie echo, just over two decades ago, a Columbia Daily Spectator headline declared “Tobacco Poisons Appear in Newborns.”[9]

Most importantly, the judicial and media attacks both Big Pharma and Big Tobacco face and have faced come from a place of very real pain: Nicotine addiction is terrible; opioid addiction can be devastating.

These simplistic comparisons, however, are often unhelpful and misleading.

The causes of the opioid epidemic are myriad and unique, and undermine the legal claims faced by manufacturers. Opioids are not tobacco, and pharmaceutical companies — who produce and distribute medicines that for many provide vital relief from chronic, agonizing pain — are not cigarette companies.

The proof is in the science.

The Term “Opioid Epidemic” Is a Misnomer

Most people who are prescribed opioids use their medication without incident. In fact, data from the National Survey on Drug Use and Health shows that only 1 to 2 percent of the 98 million prescription opioid users are likely to become addicted in any one year.[10]

An even smaller fraction of those may die from overdose. This study, and other data, found that most overdoses involve not merely prescription opioids, but combinations of drugs (in 2013, 94 percent of overdoses in New York, for example).[11]

The term “opioid,” moreover, includes a wide disparity of substances — not only prescription medicine manufactured by pharmaceutical companies but morphine, which has been used for over 100 years, black tar heroin, which is illegal, and fentanyl, an artificial opioid often illegally imported from China.

Relationships Between Prescribing Physicians and Patients Play a Big Role in Opioid Use Patterns

The manner in which opioids are prescribed can have profound effects on the risk of developing opioid abuse disorders. Research by the University of Arkansas looking at the transition from acute to periodic opioid use seem to suggest that the most effective way of reducing the risk of abuse might be through doctors limiting initial prescriptions, leaving shorter periods of time between refills, and so preventing unnecessary accumulation of medication.[12]

The Office of the Inspector General has published reports demonstrating that, however, rather than prescribing cautiously, a relatively small number of doctors and pharmacists are responsible for a disproportionate number of prescriptions. In 2016, the OIG identified 400 prescribers who had “questionable opioid prescribing patterns” involving beneficiaries who were at a high risk of opioid abuse.[13] While this is a small number in the vast pool of competent medical practitioners, it amounts to a potential 90,000 prescriptions to high-risk individuals given out in all.[14]

At the same time, one in 10 opioids prescribed in 2015 were prescribed alongside benzodiazepines — psychoactive drugs like Xanax and Valium — which, in combination, dramatically increased the chances of a fatal overdose.[15]

Unsurprisingly, perhaps, a report by Coverys found that 24 percent of medication related medical malpractice suits involved the prescription of opioids. About a third of those claims are ascribed to errors in the ordering process; another third to errors in administration and prescription; and a final third to negligent management and monitoring.[16] (The next greatest source of litigation was coagulants with 16 percent of suits.[17])

Prescription Biases in Health Insurance Plans Could Be Perpetuating Opioid Abuse

Health insurance plays its part too. The opioid crisis, in the words of health care experts, exists in a “reality in which insurance companies dictate treatment options” creating a bias towards opioid prescription.[18] An investigation by ProPublica and the New York Times found that insurance plans will often cover opioid prescriptions, but will not cover the non-opioid equivalent treatment, or will only do so once a patient has fulfilled further requirements.[19]

Two-thirds of opioids required no prior approvals at all between 2006 and 2011, one-third in 2015[20]; yet, for example, two-thirds of drug plans require prior approval from insurers for suboxone, an opioid alternative.[21] According to a study published in the Journal of Pain Research, interdisciplinary pain treatment programs have actually decreased by 90 percent since 1999, ostensibly due to a refusal of insurers to cover them.[22]

In addition, the New York Times report showed that, due to the high cost of addiction treatment, it is easier to get a prescription for opioids covered than treatment for addiction to those very opioids.[23] In response to these criticisms, Aetna just this week announced that they were waiving the copay for Narcan, a treatment for overdose.[24]

Most Prescription Opioid Abusers Have Addiction Risk Factors

Newer studies are exploring the relationship between prescription opioid abuse and mood disorders. A 2017 study in the Journal of Substance Abuse found that an astounding 81 percent of patients with chronic pain have mood disorders.[25] These individuals, studies have shown, get much less pain relief from their opioid consumption than do those without mood disorders.[26]

Bearing this out: Patients with depression are approximately twice as likely to abuse opioids.[27] Of patients whose deaths were ascribed to prescription opioids, 56 percent had a history of mental illness[28]; 45 percent had been hospitalized for psychiatric reasons.[29]

A history of drug abuse can also be a significant indicator of future opioid addiction. A 2015 study in Addictive Behaviors, found that the greatest predictor across all age groups for whether a person is likely to abuse pain-relieving opioids is whether they have used illicit drugs in the last year.[30] Amongst those seeking treatment for OxyContin addiction, 78 percent had previously sought treatment for another drug addiction, according to a study published in the American Journal of Psychiatry.[31]

Most Opioid Abusers Bypass Prescription Safeguards

Seventy-eight percent of OxyContin addicts never had a prescription for OxyContin at all.[32] These users completely bypassed the legal, regulated health care system through which pharmaceutical companies, and those with medically recognized prescriptions for chronic pain, should operate — a system with certain safeguards.

The FDA mandated package insert for OxyContin, for example, is hard to ignore. Physicians are explicitly cautioned of its potential for misuse with a large, bold text package insert.[33]

If, however, the source of the opioids is either a friend or family member with a prescription, or they are illegally bought on the street, these warnings may not be communicated as intended to the user. Furthermore, the opioids a user receives will be entirely unmonitored and so more likely than not of dubious quality. Many street opioids are mixed with dangerous chemicals with unknown side effects, or contain much higher than medically advisable doses of opioids designed only for limited consumption in case of severe pain, such as fentanyl.

These opioid conduits operate outside normal medical channels and have existed for time untold — and they are illegal. Opioid dependence did not occur in a vacuum. It is part of a much bigger, complex context of drug abuse in the United States.

Opioid Litigation Is not Tobacco Litigation Because Opioids Are not Tobacco

From a legal perspective, these facts make cases brought against pharmaceutical companies tenuous, at best. An element of any claim is causation — that the harm flowed directly from the wrongful action of the charged party. But the causal undercurrent of the opioid crisis is not simple or linear. The direct cause-and-effect relationship that existed between the advertising tobacco companies and the addicted consumer is fractured by the intermediary forces clearly exposed by the scientific research.

And it stands to reason: Unlike tobacco, for most, opioids are medicine. Eleven percent of Americans live with chronic, sometimes debilitating, pain.[34] Oftentimes, other kinds of medication, each of which come with their own set of side effects, are unable to address chronic pain efficaciously.[35] For the vast majority, then, opioids are a positive good, providing necessary relief.

It is irresponsible to fit the pharmaceutical industry into the mold of Big Tobacco. This is a public health problem. Litigation is not a proper solution.

William Escobar, Neil Merkl and Clifford Katz are partners and Sumithra Naidoo is a law clerk at Kelley Drye and Warren LLP in New York.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients, or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

[1] Dan Merica, Trump Declares Opioid Epidemic a National Public Health Emergency, CNN(Oct. 26, 2017, 5:59 PM), http://www.cnn.com/2017/10/26/politics/donald-trump-opioid-epidemic/index.html.

[2] Richard Scruggs, Are Opioids the New Tobacco?, Law360 (Sep. 15, 2017, 11:04 AM), https://www.law360.com/articles/962715.

[3] Diana Novak Jones, Opioid Suits are the New Tobacco, Atty Says, Law360 (Dec. 6, 2017, 7:53 PM EST), https://www.law360.com/articles/992263/opioid-suits-are-the-new-tobacco-litigation-atty-says.

[4] Suzanne Russell, Opioid Abuse is in Everyone’s Backyard, MyCentralJersey.com (Oct. 14, 2017, 12:00 PM), http://www.mycentraljersey.com/story/news/health/addiction/2017/10/14/opioid-abuse-everyones-backyard/755295001/.

[5] Amy B. Wong, Even this Puppy wasn’t Safe from America’s Opioid Crisis, Washington Post(Oct. 28, 2017), https://www.washingtonpost.com/news/animalia/wp/2017/10/28/even-this-puppy-wasnt-safe-from-americas-opioid-crisis/?utm_term=.05bcf846563b.

[6] Hannah Rappleye, Rich McHugh and Ronan Farrow, Born Addicted: The Number of Opioid-Addicted Babies is Soaring, NBCNews (Oct. 9, 2017, 9:25 AM), https://www.nbcnews.com/storyline/americas-heroin-epidemic/born-addicted-number-opioid-addicted-babies-soaring-n806346.

[7] David Wright, Christie on Opioids: ‘This is the AIDS epidemic of our generation, but even worse’, CNN (Oct. 27, 2017, 9:57 AM), http://www.cnn.com/2017/10/27/politics/chris-christie-opioid-commission-aids-cnntv/index.html.

[8] Chris Christie on Opioid Crisis, Morning Joe, http://www.msnbc.com/morning-joe/watch/christie-on-opioid-crisis-we-have-a-9-11-every-2-5-weeks-1082716739752 (last visited Nov. 11, 2017).

[9] Robert Cooke, Tobacco Poisons Appear in Newborns, Newsday reprinted in the Columbia Daily Spectator, April 22, 1996, at 5.

[10] Arthur Hughes, Matthew Williams, Rachel Lipari and Jonaki Bose, Prescription Drug Use and Misuse in the United States: Results from the 2015 National Survey on Drug Use and Health, NSDUH Data Rev. (2016), https://www.samhsa.gov/data/sites/default/files/NSDUH-FFR2-2015/NSDUH-FFR2-2015.htm.

[11] NYC Dep’t of Health and Mental Hygiene, Unintentional Drug Poisoning (Overdose) Deaths Involving Opioids in New York City, 2000-2013 [updated March 2015], 50 Epi Data Brief (Mar. 2015).

[12] Anuj Shah, Corey J. Haynes, Bradley C. Martin, Characteristics of Initial Prescription Episodes and Likelihood of Long-Term Opioid Use — United States, 2006-2015, 66 Morbidity and Mortality Weekly Report 265 (2017).

[13] OIG, OEI-02-17-00250, Opioids in Medicare Part D: Concerns about Extreme Use and Questionable Practices (2017).

[14] Id.

[15] Hsien-Yen Chang, Irene B. Murimi, Christopher M. Jones and G. Caleb Alexander, Relationship between high-risk patients receiving prescription opioids and high-volume opioid prescribers, Addiction, doi: 10.1111/add. 14068 (2017).

[16] Robert Hanscom, Maryann Small, Ann Lambrecht, A Dose of Insight: A data-driven review of the state of medication-related errors and liability in American healthcare, Coverys White Paper (2017).

[17] Id.

[18] Melissa Kalensky and Mona Shattell, Providers Forced to Prescribe Opioids because Health Plans Give Few Choices, The Hill (June 28, 2017), http://thehill.com/blogs/pundits-blog/healthcare/339847-providers-are-forced-to-prescribe-opioids-because-insurance.

[19] Katie Thomas and Charles Ornstein, Amid Opioid Crisis, Insurers Restrict Pricey, Less Addictive Painkillers, N.Y. Times (Sept. 17, 2017), https://www.nytimes.com/2017/09/17/health/opioid-painkillers-insurance-companies.html.

[20] Elizabeth A. Samuels, Joseph S. Ross and Sanket S. Dhruva, Medicare Formulary Coverage Restrictions for Prescription Opioids, 2006 to 2015, Ann. of Intern. Med. (2017).

[21] Charles Ornstein, Pressure Mounts on Insurance Companies to Consider their Role in the Opioid Epidemic, ProPublica (Oct. 19, 2017, 6:47 PM), https://www.propublica.org/article/pressure-mounts-on-insurance-companies-to-consider-their-role-in-opioid-epidemic.

[22] Michael E. Schatman and Lynn R. Webster, The Health Insurance Industry: Perpetuating the Opioid Crisis through Policies of Cost-Containment and Profitability, 8 J. Pain. Res. 153 (2015).

[23] N.Y. Times, supra note 18.

[24] Les Masterson, Aetna Launches New Policies to Combat Opioid Crisis, HEALTHCAREDIVE (Dec. 13, 2017), https://www.healthcaredive.com/news/aetna-launches-new-policies-to-combat-opioid-crisis/512866/.

[25] Yi Hser, LJ Mooney, AJ Saxon, K Miotto, DS Bell and D Huang, Chronic Pain Among Patients with Opioid Use Disorder: Results from electronic health records data, 77 J. Subst. Abuse Treat 26 (2017).

[26] AD Wasan, G Davar and R. Jamison, The Association between Negative Affect and Opioid Analgesia in Patients with Discogenic Low Back Pain, 117 Pain 450 (2005).

[27] Alicia Grattan, Mark D. Sullivan, Kathleen W. Saunders, Cynthia I. Campbell and Michael R. Von Korff, Depression and Prescription Opioid Misuse Among Chronic Opioid Therapy Recipients with no History of Substance Abuse, 10 Ann. Of Intern. Med. 304 (2012).

[28] Arthur Hughes, Matthew William, Rachel Lipari and Jonaki Bose, Prescription Drug Use and Misuse in the United States: Results from the 2015 National Survey on Drug Use and Health, NSDUH Data Rev. (2016), https://www.samhsa.gov/data/sites/default/files/NSDUH-FFR2-2015/NSDUH-FFR2-2015.htm.

[29] Id.

[30] O. Mowbray and A. Quinn, Prescription Pain Reliever Misuse Prevalence, Correlates, and Origin of Possession throughout the Life Course, 50 Addictive Behaviors 22 (2017).

[31] Deni Carise, Karen Leggett Dugos, A. Thomas McLellan, Amy Camilleri, George E. Woody and Kevin G. Lynch, Prescription OxyContin Abuse among Patients Entering Rehab, 164 Am. J. Psychiatry 1750 (2007).

[32] Id.

[33] Oxycodone Package Insert, https://www.accessdata.fda.gov/drugsatfda_docs/label/2009/020553s060lbl.pdf.

[34] Kurt Kroenke and Andrea Cheville, Management of Chronic Pain in the Aftermath of the Opioid Backlash, 317 JAMA 2365 (2017).

[35] Id.

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This is opioid addiction: A Herald-Times special report

Dec 17, 2017 | The Herald-Times (IN)

By Laura Lane

Forty-eight people died in Monroe County from accidental heroin and opioid overdoses in the past two and a half years.
Thirty-five happened over two years.
Sixteen in 2015.
Nineteen in 2016.
During the first six months of 2017, opioid overdoses claimed the lives of another 13 people in Monroe County. And more have died since. The drugs’ death toll this year is on pace to eclipse each of the previous two years.
Heroin and other opioid-based drugs have been linked to suicides during that time as well. And in August of 2016, 26-year-old Brittany Seabrook Sater's life came to a violent end over heroin after she was shot with an assault rifle during a drug robbery at her duplex.
This addiction has crippled the country, and it exists in every city and town. Lives are lost; families are left grieving, wondering, forever changed.
Bloomington and Monroe County this past week joined dozens of cities and states across the country in the filing of legal claims against drug manufacturers who peddle opioids. They should be held accountable, the lawsuits say, for the widespread distribution of the drugs feeding addicts' destructive and deadly habits. Some turn to heroin or synthetic opioids purchased over the internet when the pills run out.
Herald-Times reporters Abby Tonsing and Laura Lane spent time getting to know and interviewing family members and loved ones of 11 of the 35 people lost to the opioid epidemic in 2015 and 2016. The other families were contacted, and either did not respond or said they did not want to be interviewed.
A newspaper editor whose 35-year-old daughter died in Bloomington in the summer of 2015 of an overdose of fentanyl and olanzapine considered telling her story, but declined in the end. "The journalist in me wants to write her story myself, and my pastor says it could be cathartic. The mom in me wants to let her tortured soul rest in peace," she said. "What I really want is a few more tries to say, “Dammit, you gotta stop this mess!"
The stories in today's Herald-Times special report on opioid addiction and the devastation that results call those who have died by their first names because it's how family members referred to them during in-depth interviews about their lives, and their deaths. Durrel, Patty, John, Kevin, Dominique, Kelly, Jessica, Parker, Ashley, Phil, Alex.
Sources are identified by their last names, according to newspaper style rules.
Stories available here: https://www.heraldtimesonline.com/news/this-is-opioid-addiction-a-herald-times-special-report/article_4ba92288-e0eb-11e7-ab28-3b69d1fa6293.html#tncms-source=article-nav-next
Jennifer Tafoya talked about her stepdaughter Dominique, hoping others hear her story, praying it will turn someone away from heroin.
"It seems like everyone is touched by this in some way or another," the Greene County woman said. “The only thing I have found to be similar among all the sad stories I know and have heard about heroin is that the person was looking for a way to make the pain inside go away.
"They just wanted to stop hurting.”

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Purdue Pharma: You Can’t Wash Away Your Part In The Opioid Crisis (OPINION)

Dec 15, 2017 | Huffington Post

By Ryan Hampton

We manufacture prescription opioids. Patients’ needs and safety have guided our steps. That’s what Purdue Pharma’s full-page ad in Thursday’s New York Times said. It’s one lie after another. In an attempt to look like the good guy, and keep their revenue flowing, Purdue is trying to wash their hands of their part in creating the current opioid epidemic.
Let’s get a few things straight. Purdue Pharma pled guilty to “mislabeling” their deadly painkillers in 2007. They paid more than $600 million in damages. They are not good. They are reprehensible. Purdue is the central actor who orchestrated the opioid crisis, now causing hundreds of thousands of overdose deaths per year. It controls the manufacturing, distribution, and marketing of lethal drugs. In spite of multiple civil lawsuits calling for reform and reparations, Purdue puts profits before people’s lives. They’re not in this business to help people. They’re in it to make money. Period.
The ad says, How could we not help fight the prescription and illicit opioid abuse crisis? Funny, I’ve been wondering the same thing. How could they not help fight the crisis? Why didn’t they take up this banner in the 1990s, when their popular drug OxyContin hit the market? Now they are trying to look like “the good guy” to deflect blame from themselves — blame they deserve.
Purdue is trying to depict itself as fair, or even compassionate. Yet, 172 people lose their lives to opioid overdoses every day. Purdue Pharma makes these pills and they convinced doctors to prescribe them using false advertising tactics. They may be FDA-approved, but that doesn’t make them safe. It makes them easier to get, especially for people who don’t need them. Purdue has taken every possible step to get those medications into the hands of new users: even young children. Doing so, they are manufacturing a new generation of people who are dependent on opioids.
People don’t get addicted to opioids for no reason. They don’t get hooked on other painkillers, like aspirin or ibuprofen—which are actually more effective for treating pain. They get addicted to substances that are addictive. And those substances are huge money makers for companies like Purdue. In fact, Purdue is valued at over $13 billion, thanks to OxyContin. That’s not a coincidence. For Purdue to say they’ve taken meaningful action to reduce opioid abuse is not just a lie, but an insult, too.
This ad is a heartless jab at families of loss. Purdue knowingly misrepresented the deadly risks of their products, just to make more money. Their greed put hundreds of thousands of fathers, mothers, sons, and daughters six feet underground. It’s an insult to every parent who’s had to give their dying child CPR. It’s an insult to the person who’s administered Narcan to their best friend with shaking hands. It’s an insult to the pain patient who is subjected to the stigma of addiction when they have a legitimate need. It’s an insult to those of us who have been out here for decades pushing for real, tangible reform.
This is our fight, too, the ad says. No, it’s not Purdue’s fight. It never was. And honestly, if Purdue wants to do some good, it needs to do a lot more than pat itself on the back.
Although Purdue says, it’s done a lot to create abuse-deterrent medication, where does that leave the millions of Americans currently struggling with substance use disorder? Instead of upgrading their pills and continuing to focus on profits, maybe Purdue can do something that actually helps people. Pharmaceutical companies should be cleaning up their mess. They should be investing in research that explores new, non-medication-based pain care.
A full-page ad in the weekday New York Times costs tens of thousands of dollars. Purdue has paid hundreds of millions in settlements, and is being sued by several states for its negligent behavior. Purdue can definitely afford to put its money where its mouth is. So let’s see it.
Purdue, your ad is misleading, just like your messaging that led us into this crisis. You created, control, cause, and continue to profit from American deaths. How about you own your part in it? You can’t be the problem and the solution at the same time. Instead of ads, you need to get involved and work with people who are on the front lines, cleaning up the mess you created.
If you want to join this fight, you need to invest in people. Not your corporate bottom line.

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The single biggest reason America is failing in its response to the opioid epidemic

Dec 18, 2017 | Vox

By German Lopez

As I’ve written about the opioid epidemic, I’ve come to expect one specific type of response from readers.
I get emails telling me that I should stop caring about the crisis because the only people dying are those who “deserve” to die because they can’t stop using drugs. Here’s an example, which I’ve used in stories before: “Darwin’s Theory says ‘survival of the fittest.’ Let these lost souls pay the price of their criminal choices and criminal actions. Society does not owe them multiple medical resuscitations from their own bad judgment, criminal activity, and self-inflicted wounds.”
Yes, it can get nasty. And while I first wrote this off as trolling, these types of emails have become a serious concern for me — more and more so as the year has gone on.
Over 2017, I committed to focusing as much of my reporting time as possible on the opioid epidemic. I had seen the overdose death toll grow year by year, and, frankly, I didn’t think any major media outlet had given it adequate, consistent coverage.
So my wonderful editor, Michelle Garcia, and I decided to make that change at Vox. I reported from New Jersey, Vermont, and British Columbia, Canada, for some of my bigger pieces. I talked to a lot of experts and looked through a lot of research, putting together an in-depth review of the best policies to tackle the crisis. Because of my reporting, I even changed my mind on some pretty big policy issues — particularly legalizing all drugs.
With the year coming to a close, I’ve been reflecting on what I’ve learned. I keep going back to those emails and what they represent: the stigmatization of addiction not as a disease but as a moral failure.
Before this year, I just didn’t appreciate how much stigma towards addiction still colors America’s approach to drugs. That’s not because I didn’t know that stigma plays a big role, but because I didn't expect stigma to be nearly as all-consuming as it really is.
Yet it came up again and again in my reporting. Why don’t we widely embrace opioid addiction medications, despite decades-old research supporting them? Stigma. Why do we resort to the criminal justice system to deal with addiction, even as that’s proven ineffective? Stigma. Why do we close down needle exchange programs that are proven to save lives? Stigma. What is the one thing Vermont had to overcome to build up its addiction treatment system? Stigma. Why won’t Congress approve the money experts agree is needed to address the crisis? You get the idea.
It’s absolutely everywhere. It explains so much of why America’s policy response to the opioid crisis is insufficient and broken. This abstract cultural force may be the one thing letting this opioid epidemic continue — and in that way, it’s literally killing people, allowing more than 170 drug overdose deaths a day and more than 64,000 in 2016 alone.
Stigma is everywhere
On drug policy issues, over the past year I found myself frequently asking, “Okay, so we have the research and evidence here. Why don’t we do what’s being proposed?” At this point, you should be able to guess the answer time and time again.
Sarah Wakeman, medical director at the Massachusetts General Hospital Substance Use Disorder Initiative, summarized the problem: “For 100-plus years as a society, we’ve punished and criminalized people who use drugs.”
This has fostered an environment in which people who are addicted to drugs are seen not as victims of a disease who need help, as we would see, say, someone with cancer. Instead, they’re viewed as wrongdoers and perpetrators of their own illness.
So when someone is sick with addiction, she’s seen as someone who needs to get her life together. When she doesn’t seek help, it’s assumed that she just need to hit “rock bottom” — even though for opioid addiction “rock bottom” often means overdose and death. When someone refuses treatment, it’s not that the care that was offered was the wrong approach or improperly suggested; it’s that the person with addiction has failed and deserves what’s coming to her.
Stigma is a problem even in a progressive state like Vermont. In September, I went to Burlington and the surrounding area to find out how the state built up its “hub and spoke” model, which integrated addiction treatment into the health care system. I expected to hear about money — building up treatment is expensive, and that is a hurdle for any cash-strapped state.
To my surprise, John Brooklyn, an addiction specialist in Vermont who helped shape and implement the hub and spoke model, pushed back on this. Money was important, sure, but the bigger problem was overcoming stigma.
Even people with opioid addiction perpetuated such stigma. Before he got into care, Charlie C. of Vermont, who asked I not use his last name, said he thought of using buprenorphine as replacing one drug with another. “It’s just the same,” he said he thought at the time. (He’s now a big proponent of the medication’s effectiveness.)
This is a popular misconception, but it misunderstands how addiction works. The problem with addiction isn’t necessarily drug use. Most Americans, after all, use all kinds of drugs — caffeine, alcohol, medication — with few problems. The problem is when that drug use begins to hurt someone’s day-to-day function — by, say, putting his health at risk or leading him to steal or commit other crimes to get heroin.
Medications like buprenorphine let people with drug addiction get a handle on their drug use without such negative outcomes, stabilizing the dangers of addiction, even if the medication needs to be taken indefinitely.
This is proven: Systematic reviews of the research have found these medications cut all-cause mortality among opioid addiction patients by half or more, and the drugs are recommended by health groups like the Centers for Disease Control and Prevention, National Institute on Drug Abuse, and World Health Organization. Experts consider such medications the gold standard in opioid addiction care.
With every other disease, using a proven medication would be a no-brainer. Not so with addiction. The results can be deadly; take, for example, a 2013 case in New York state in which Judge Frank Gulotta Jr. refused to let Robert Lepolszki stay on methadone treatment because Gulotta saw medications as “crutches” — and Lepolszki died of an overdose months later. Because people see addiction as a moral issue, life-saving medication suddenly becomes a sign that someone is too weak to deal with addiction on his own.
This is still a problem in relatively liberal states like New York and Vermont. Imagine the rest of the country.
Stigma holds everything back
Stigma has real, measurable consequences around the US.
Look to Lawrence County, Indiana, for an example. In October, county officials there ended a needle exchange program.
A needle exchange program, based on the empirical evidence vetted separately by Johns Hopkins researchers, the World Health Organization, and the Centers for Disease Control and Prevention, should be one of the least controversial ideas in public health. For decades, studies have repeatedly found that needle exchanges help prevent the spread of diseases, such as HIV and hepatitis C, that can spread through used syringes.
So why did Lawrence County officials end the local needle exchange program? In their words, morals and the Bible. County Commissioner Rodney Fish, who voted against the program, told NBC News, “My conclusion was that I could not support this program and be true to my principles and my beliefs.” He quoted the Bible before casting his vote.
We know what will happen due to this: As Chris Abert of the Indiana Recovery Alliance told me at the time, “People will absolutely die as a result.”
Yet because drug use and addiction are viewed primarily as moral failures and not medical problems, commissioners pushed forward with their repeal anyway. A life-saving policy was killed off due to stigma, plain and simple.
Another example: the criminal justice system. The White House’s opioid epidemic commission summarized, as one example, how prisons view medications for opioid addiction (“MAT,” which is short for medication-assisted treatment):
[A] national survey of corrections staff in 14 states found very limited use of MAT. While 83% of prisons and jails offered some form of MAT, its use was limited mostly to detoxification or to maintenance treatment for pregnant women. One study found that nearly 60% of jail personnel surveyed strongly disagreed with the statement that their tax dollars should support methadone treatment. The same survey found that nearly 55% of jail security personnel agreed with the statement that “people who overdose on heroin get what they deserve.”
Again, medications are considered the gold standard of care for opioid addiction. Yet in much of the criminal justice system, they’re rejected because people addicted to drugs are blamed for their condition. As the commission explained, “The authors noted that negative attitudes regarding MAT appeared to be related to negative judgments about drug users in general and heroin users in particular.”
As Charlie’s story in Vermont shows, this can all trickle down to an individual level — pushing people away from getting treatment they know they need. It took years of struggles — including joblessness and homelessness — to get Charlie to finally seek treatment in a Vermont hub, largely because he had stigmatized buprenorphine.
Stigma is everywhere. It’s in policies. It’s in doctor’s offices. It’s in individuals, even those suffering from addiction. And it holds everything back.Americans need to understand addiction is a chronic, relapsing disease
My takeaway from all of this: To confront the opioid epidemic, the public and policymakers need to understand that addiction truly is a chronic, relapsing disease.
Everyone needs to understand, as Stanford psychiatrist and Drug Dealer, MD author Anna Lembke put it to me, “If you see somebody who continues to use despite their lives being totally destroyed — losing their jobs, losing loved ones, ending up in jail — nobody would choose that. Nobody anywhere would ever choose that life. So clearly it is beyond this individual’s control on some level.”
Many Americans may understand this with, say, depression and anxiety. We know that people with these types of mental health problems are not in full control of their thoughts and emotions. But many don’t realize that addiction functions in a similar way — only that the thoughts and emotions drive someone to seek out drugs at just about any cost.
People like Charlie in Vermont don’t want to go to prison. They don’t want to lose their jobs. They don’t want to burden their friends and families. They don’t want to spend all their waking moments thinking of ways to chase down a drug — just to feel okay for a few minutes or hours. They don’t want to spend their lives taking from more than giving to society. This is something that, for whatever reason, has afflicted them — and they need help to deal with it.
Once Americans understand this, a lot of the policy recommendations proposed to combat the opioid epidemic quickly become obvious. Of course you would give people naloxone, the opioid overdose antidote, to revive them from an overdose — just like you wouldn’t hesitate to use a defibrillator to revive someone who suffered cardiac arrest.
Of course you would give people medications for their opioid addiction — just like you would give insulin to someone suffering from diabetes. Of course you would take preventive measures like needle exchange programs to make sure people don’t spread dangerous diseases — just like you would provide condoms to prevent the spread of sexually transmitted diseases. Duh!
But until then, much of the public and policymakers will hesitate — troubled by proven interventions because they seem to, in their eyes, “enable” a moral failure. The result is the opioid epidemic will continue, and more people will die of preventable causes.My 2017 journey in opioids
I put a lot of my time, work, and thought into the opioid epidemic this year. Here are some of my big pieces that came out of it all:
- How to stop the deadliest drug overdose crisis in American history: Much of the media coverage about the opioid epidemic has focused on its causes. I wanted to figure out how to solve it. The experts I spoke to all gave a fairly similar answer: Much more federal funding is needed to boost access to treatment (particularly highly effective medications for opioid addiction), pull back lax access to opioid painkillers while keeping them accessible to patients who truly need them, and adopt harm reduction policies that mitigate the damage caused by opioids and other drugs.
- I looked for a state that’s taken the opioid epidemic seriously. I found Vermont: Okay, what experts told me sure sounds nice. But has any state done anything like it? That’s when I uncovered what Vermont was doing — and was surprised by the results. One fact to consider: The state was the only one in New England to have a drug overdose death rate below the national average in 2015.
- The case for prescription heroin: I also went to Vancouver, British Columbia, to check out a program that prescribes heroin to people with opioid addictions in a highly supervised environment. The rationale is that it’s better to supply them with a clean, reliable source of the stuff — not only because it reduces the risk of overdose, but also because it mitigates the chances they’ll commit crimes to obtain heroin. It’s not for everyone — the Vancouver clinic’s head told me it’s needed for maybe 10 to 15 percent of people addicted to opioids — but it suggests we need to dramatically expand our thinking in order to tackle the opioid crisis.
- When a drug epidemic’s victims are white: Much of the reporting above is rooted in the expectation that drug overdose epidemics should be treated primarily as public health crises, which has become a popular sentiment, at least rhetorically, during the opioid epidemic. But this wasn’t always the case — with the crack cocaine epidemic of the 1980s and ’90s offering a stark contrast to the rhetoric around the current opioid crisis. I set out to find out why, and it turns out that race — racial segregation in particular — likely plays a big role.
- The new war on drugs: For all the talk about treating the opioid epidemic as a public health issue, the public health approach isn’t always what policy looks like on the ground. I found that at least 16 states since 2011 have passed punitive anti-drug laws that focus on harsher punishments for opioid possession and trafficking. As Ezekiel Edwards, director of the pro-reform ACLU Criminal Law Reform Project, told me, “[I]t seems inevitable in this country that when we try to find ways to deal with addiction and drugs … we can’t help ourselves in ultimately responding with a criminal justice framework instead of a public health framework — notwithstanding some improved rhetoric.”
- “If it wasn’t for insurance, I wouldn’t be here”: how Obamacare’s end would worsen the opioid crisis: At the federal level, President Donald Trump and Republicans in Congress spent much of the year pushing to repeal the Affordable Care Act. But as Jessica Goense in New Jersey made clear to me, the law was hugely important to her recovery — with the Medicaid expansion in particular helping her get into treatment. For all of Trump’s talk about taking the opioid epidemic seriously, his first serious attempt at major legislation would have made the crisis worse if it had passed.
- I used to support legalizing all drugs. Then the opioid epidemic happened: In the middle of all this reporting, I slowly came to a realization: I don’t feel comfortable with legalizing all drugs anymore. The argument, in short, is that the opioid crisis came about when big companies pushed a legal product — their painkillers — and got a lot of people misusing and addicted to the drugs. And we’ve seen that same playbook with other legal drugs, particularly tobacco and alcohol. Unfortunately, America doesn’t seem capable of legalizing drugs without letting greedy, for-profit companies corrupt the idea.
This isn’t everything I wrote on the opioid crisis. (You can find all of Vox’s coverage in our story stream.) And I still feel like I have a lot to learn. But hopefully, these stories will give more people a bit of clarity on what, exactly, is going on with the deadliest drug overdose crisis the country has ever faced.

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Op-Ed: The terrible toll of the opioid crisis is even worse for women

Dec 18, 2017 | Los Angeles Times

By Ken Sagynbekov

The opioid epidemic’s disproportionate impact on women is the latest, and most destructive, symptom of wider gender-based disparities that leave millions of American women in worse health than men.
Data show that deaths among women from opioid overdose have increased at a much faster rate than for men, 400% compared with 265%. And states where doctors write the most opioid prescriptions per 100 residents are also the states with the widest overall disparities between men’s and women’s health.
Alabama has the worst ranking in the assessment I did of gender-based health disparities. It is the nation’s biggest dispenser of opioids, with 125 prescriptions written for every 100 residents in 2015. And it is just the beginning. In all, seven of the 10 worst states for gender disparities also show up in the Centers for Disease Control and Prevention’s ranking of the 10 states that lead in opioid prescriptions. The correlation is most striking when examining both the overall population and whites specifically, the group hit hardest by the opioid crisis.
California’s position in the middle of the rankings for both opioid prescriptions and gender-based disparities hides serious problems in rural counties. In tiny Del Norte County, 147 opioid prescriptions were written for every 100 residents. The rate was 137 per 100 residents in Lake and Butte counties, and 133 in Shasta County. Available health data for these counties aren’t broken down by gender, but they do show a high prevalence of chronic problems typical of women in high-disparity states, such as hypertension and smoking.
The outsized impact of opioids on women signals a much larger problem of poorer health and poorer access to care that make women more susceptible to addiction and, once addicted, more likely to die as a result.
And what affects women affects families. In most American homes, women are the primary caregivers and their well-being usually determines the well-being and the future of our children. Evidence of this abounds in hospital neonatal units across the country, where the number of infants born with symptoms of opioid addiction increased five-fold from 2000 to 2012 — a trend that will exact a price in the form of higher medical costs and social burdens for decades to come.
Some simple, low-cost steps that are being taken to reduce the risk of opioid addiction suggest how to begin addressing the larger problem of gender-based health disparities.
Because of greater awareness of addiction risk, doctors are writing fewer opioid prescriptions today. Although this decline has yet to catch up to the national rise in overdose deaths, there are signs we are moving in the right direction. The death rate fell in Massachusetts during the first nine months of this year — the only state to record a decline — a result associated with fewer prescriptions and better emergency-room treatment.
Education campaigns have also begun to change dosage standards for women: Gender-neutral dosages are too high for most women because of their lower body weight and because they typically are prescribed opioids for longer periods of time than men.
Now we need to raise awareness among doctors in high-disparity states that women in their care will disproportionately suffer from obesity, high blood pressure, diabetes and heart problems. Women in all states also experience a higher rate of mental health issues than men. More knowledge about these trends would increase appropriate treatment strategies and the efficiency of state and local healthcare systems, without significant investment.
The best remedy for women is also the most difficult to achieve: We must improve the overall quality of healthcare in states where the disparities are greatest, which are also the places where overall health quality is poorest for both sexes. Success will demand the courage to buck a political trend favoring cuts in healthcare insurance coverage, in programs like Medicaid and Medicare, and in supplemental nutrition for low-income individuals and families. Such courage is not a feature of American politics now. We need to summon it. The long-term consequences of ignoring the gender gap in health should frighten us more than political tempests.
Ken Sagynbekov is a health economist at the nonprofit, non-partisan Milken Institute in Santa Monica, where his research focuses on applied microeconomic analysis of health and crime.

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Kids Are Getting Needlessly Exposed to Opioids From Routine Wisdom Tooth Removal

Dec 18, 2017 | The Daily Beast

By Cara Wertheimer

Here's something about wisdom teeth removal and other routine dental procedures parents might not have worried about before: potential opioids entering their child's system.
“Dentists and oral surgeons are the number one prescribers of opioids for adolescents, the age group 10-19—teenagers really,” psychiatrist Andrew Kolodny, co-director of opioid policy research at Brandeis University’s Heller School for Social Policy and Management and executive director of Physicians for Responsible Opioid Prescribing, told The Daily Beast. “There are studies that show that children who are exposed to opioids ... prescribed after their wisdom teeth come out are much more likely to use opioids non-medically—basically recreationally, to abuse them later in life,” Kolodny said.
That worry isn't idle panic. A 2015 University of Michigan survey showed young people exposed to opioids by the end of high school had an overall 33 percent increased risk of opioid misuse between the ages 19-25. “Good kids”—those teens categorized as at low risk of future drug abuse—were at 300 percent greater risk. These are kids who actually reported disapproval of regular marijuana use, according to the National Institute on Drug Abuse
“Strikingly, the risk was found to be most concentrated among teens who would be expected to be at low risk of drug misuse: those with no illicit drug experience and those who reported that they disapproved of regular marijuana use. Among those with low predicted risk of future opioid use in twelfth grade, having an opioid prescription increased their risk of post-high-school opioid misuse three-fold,” according to the National Institute on Drug Abuse website.
The brain is not fully developed until age 25, Kolodny said. But before that, young people are at an elevated risk from opioid exposure for three reasons.
For starters, a young person is going to get more of a dopamine (pleasure or reward neurotransmitter) “kick” than an adult would from the same amount of opioids because of lower baseline dopamine levels in the developing brain. There’s also the fact that the brain is fully developed, so it doesn’t assess risk very well, accounting for the tendency of younger people to take more risks, including risky drug behavior.
But what might really affect a person’s risk of getting addicted to opioids is brain plasticity. MRI scans show structural studies changes from as little as 30 days of daily opioid use, with no evidence of reversal after six months. Sure, these studies are on adults, but it’s believed that the developing brain is even more plastic and therefore more at risk of structural changes which may be permanent.
Despite being legally prescribed, opioids are no joke, especially when given to kids. Derived directly from opium, their effects are basically the same as that of heroin. Kolodny even went so far as to call them “heroin pills.”
So what’s a concerned parent to do?
First of all, parents and others should realize that when it comes to pain management and opioids, health care providers are often shockingly clueless.
“Although in general I would tell parents that they should trust their doctors and dentists, in the case of opioids, this is a situation where they can’t necessarily trust their doctors and dentists,” Kolodny said. “Doctors and dentists have been underestimating how addictive and dangerous these drugs are, and we’ve been overestimating how helpful they are, and that has a lot to do with the influence for 15 years of a brilliant marketing campaign.”
Pedro Franco is clinical adjunct assistant professor of oral and maxillofacial surgery faculty at Texas A & M College of Dentistry in Dallas and the immediate past president of the American College of Oral and Maxillofacial Surgeons.
Franco’s oral surgery practice, like that of a slowly-increasing number of other oral surgeons, such as Victor Raposo and Curt Hayes of Colorado, is opioid-free.
These three oral surgeons, in fact, provide Exparel, a relatively expensive long-acting anesthetic painstakingly and precisely injected into the surgical site for proper effect, to their patients, regardless of ability to pay. Exparel became available in September 2016, in a smaller and more affordable 133 mg dose appropriate for oral surgery needs. It was approved in 2012 for general surgical use.
He argued that oral surgeons are, in fact, leading the charge on alternatives to pain management.
Franco, who grew up in Columbia, South America, is no stranger to drug problems.
Exparel isn’t a perfect substitute, though: 5 to 7 percent of patients will have an issue when exposed to Exparel, Hayes, of Lafayette, Colorado, said. But to Hayes, it’s much better than the dental opioids that are commonly used.
“I don’t want to be the one to send them into a relapse,” Hayes said, explaining why he personally covers the costs for those who can’t afford the extra expense, which at his office averages about an additional $250 dollars for wisdom teeth removal.
By numbing the surgical site for two to three days, Exparel is intended to reduce the amount of additional pain medication that’s needed. Post-operation, these dentists rely on a clinically-studied rotation of ibuprofen and acetaminophen (Advil and Tylenol). They all say that the regimen has worked extremely well, and all agree that, despite what some research might indicate, that the NSAID regimen alone is not enough for all patients.
Opioids, in these offices, are an absolute last resort. But there’s good news on the payment front for those with Aetna dental insurance, which since October is the first and only insurer covering the cost of Exparel. This reimbursement is part of a recently-announced research partnership between three players—Aetna, Exparel manufacturer Pacira Pharmaceuticals, and the American Academy of Oral and Maxillofacial Surgeons—to study the effectiveness of Exparel in reducing the amount of opioids prescribed post-surgically.
Exparel is not without controversy, however, with some research questioning its advantages and whether it’s worth the extra cost.
Franco, in turn, questioned the accuracy of such studies. He said that administration of Exparel in multiple injections around the surgical site is “very technical,” and he wondered whether researchers were forming the necessary “pockets” from which the medication would slowly release.
Some practices, including those of these three dentists, are also avoiding the use of opioids such as fentanyl during the procedure itself.
Whether there’s a risk involved in the use of opioids when a patient is unconscious is not entirely clear, Kolodny said, but less is always better than more.
“We really should be avoiding to opioids when possible,” he said.

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Broadcast Media Coverage

60 Minutes

Dec 17, 2017 | CBS

By New York, NY

Rough Transcript: something schiller says McKESSON did not do until the company learned it was under investigation. >> Schiller: they had hundreds of thousands of suspicious orders they should have reported, and they didn't report any. there's not a day that goes by in the pharmaceutical world, in the McKESSON world, in the distribution world, where there's not something suspicious. it happens every day. >> Whitaker: and they had none. >> Schiller: they weren't reporting any. i mean, you have to understand that, nothing was suspicious? >> Whitaker: in one case, d.e.a. investigators discovered that McKESSON was shipping the same quantities of opioid pills to small town pharmacies in colorado's san luis valley as it would typically ship to large drugstores next to big city medical centers. >> Helen Kaupang: McKESSON is supplying enough pills to that community to give every man woman and child a monthly dose of 30 to 60 tablets. is that-- is that not shocking? i found it shocking. >> Whitaker: helen kaupang

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Good Day Columbus Saturday

Dec 16, 2017 | WTTE (Fox)

By Columbus, OH

Rough Transcript: opioid manufacturers and distributers. the law sue claims columbus has felt the strain in police and fire services. cardinal health is one of them. in a statement, a spokesman said why we do not believe litigation is a solution to this problem, we will defend ourselves vigorously against the baseless lawsuit. >>> you may rember just seven months ago, the ohio attorney general filed a lawsuit against several drug companies now this is just a long list of them. and tempa pharmaceutical, endo health, several of them, johnson and johnson, lots of them named in this lawsuit. mike dewine said the drug companies need to clean up the mess that they created. >> they are doing precious little to take responsibility for their actions and to tell the public the truth. >> dayton, cincinnati and cleveland have all filed similar lawsuits. >>>

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ABC6 News at 11

Dec 15, 2017 | WSYX (ABC)

By Columbus, OH

Rough Transcript: to fight for the families and the children impacted by the opioid crisis. >> Bob: you may rember seven months ago the attorney general filed a lawsuit against several drug companies. purdue pharma, endo health solutions, taber, johnson and johnson and allergen were all named in that lawsuit. mike dewine said that the drug companies need to clean up the mess they created. >> they are doing precious little to take responsibility for their actions and to tell the public the truth. >> Bob: dayton, cincinnati and cleveland have all filed similar lawsuits. we reached tout every company named in today's absolute. you can find statements they released on our website, abc6onyourside.com. just click on this story and you can also find a link to all 123 pages of the lawsuit if you are so inclined, you cantred for yourself. >>

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WWAY News at 7:30

Dec 15, 2017 | WWAY (CBS)

By Wilmington, NC

Rough Transcript: new hanover county's fight against opioids heads to court. the county is now going after fortune 500 rug manufacturers and distributors. ten different companies are listed in the lawsuit ... incluuing a subsidiary of johnson and johnson. the county states the opioid epidemic goes back to the 1990s nd is due to deceptive marketing ... not emphasizing the risk of opioids ... and overstattng the benefits of the opioids. the lawsuit also says the manufacturers targeted susceptible prescribers and vulnerable patients ... contributing to 64 opiate

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Local 15 Today

Dec 18, 2017 | WPMI (NBC)

By Mobile, AL

Rough Transcript: considered by the last city council in september last year. it never passed because of concerns of residents in the area. 530a v1 walker co alabama another alabama county is now considering joing a lawsuit against drug makers --- over the opioid cris. the walker county, alabama commission is scheduled to meet and discuss the topic today. walker county is between tuscaloosa and birmingham. nbc 15 told you last week-- houston county alabama as well as the city of greenville are both joing in a lawsuit against big pharma. we reached out to mobile county last week to see if they were going to file a lawsuit-- according to the director of public affairs for the county, the county's attorney is looking over potential claims in our area, and is talking with different law firms about a possible suit. nbc 15 was first to tell you about a class action lawsuit involving infirmary health in mobile, and monroe county healthcare authority... both accusing the biggest pharmaceutical companies of creating the opioid crisi.. and seeking billions in reparations.

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WBZ This Morning

Dec 18, 2017 | WBZ (CBS)

By Boston, MA

Rough Transcript: new hampshire as the second highest rate of drug overdose deaths in the country. the center once congress to investigate the crisis. >> the pharmaceutical industry is doing everything he can to keep this epidemic going. >> 60 minutes reported that the da investigation, they are shipping orders of opioids and they are accused of supplying drugs to a front for criminal drug rings. a retired da investigator says the agency mailed to prosecute because it was intended by the company and cut a deal.>>> massachusetts lawmakers are calling on congress to extend money for health insurance. they are planning to hold a press conference today at the boston children hospital. they are pushing for the

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Indiana Newsdesk

Dec 17, 2017 | WFYI (PBS)

By Indianapolis, IN

Rough Transcript: monroe county is growing -- is joining a growing list of communities suing opioid manufacturers for their roles in the nationwide epidemic.

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WBZ This Morning

Dec 17, 2017 | WBZ (CBS)

By Boston, MA

Rough Transcript: a massachusetts city is suing to recoop cost of the opioid epidemic. the western mass city of greenfield is filing a several lawsuit they say several manufacturers and distributors of opioids engaged in false deceptive or unfair marketing or unlawful prescription of opioids. kwuchlt of the companies named in the lawsuit says they deny the allegations. >>> and we're learning more about the new recreational marijuana regulations on the table. the cannabis commission may

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WTAP News at Eleven

Dec 16, 2017 | WTAP (NBC)

By Parkersburg, WV

Rough Transcript: sticking with the opioid epidemic. ohio's largest city is joining cities and counties around the state and country by filing itswn lawsuit against prescription drugmakers and distributors. the lawsuit filed by columbus in federal court friday names the three major drug distributors including suburban columbus-based cardinal health and five drug manufacturers. columbus city attorney richard pfeiffer jr. told the columbus dispatch the city is seeking a large amount of money to address an expensive problem.

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KOMO 4 News Saturday

Dec 16, 2017 | KOMO (ABC)

By Seattle, WA

Rough Transcript: >> the city of bellvue estimates the sting operation cost the city $175,000. we have reached out to the king county sheriff's office for comment and are still waiting to hear back. >>> pierce county is getting ready to sue major pharmaceutical companies over the opioid crisis. everett and tacoma have filed similar lawsuits which have been consolidated with over 100 cases across the country. the joint lawsuit is based in cleveland, ohio. >>>

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Western Mass News on ABC40

Dec 16, 2017 | WGGB (ABC)

By Springfield, MA

Rough Transcript: greenfield is the first community in the baystate to sue the big pharmaceutical companies that make and distribute opioids in an effort to raise awareness of addiction issues and possibly recieve financial compensation for the impact the crisis has had on municipal services. the lawsuit claims the companies should have done more to prevent abuse. greenfield experienced a spike in overdose deaths in 2015, with the number of fatal overdoses dropping last year to 7.debra mclaughlin is on the county's opioid task force. she says addiction has hit the rural parts of western mass hard.and even with services like the treatment facility on federal street the need is still

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Carolina in the Morning

Dec 16, 2017 | WECT (NBC)

By Wilmington, NC

Rough Transcript: The fight against the opioid epidemic is now heading to the courtroom... New Hanover County filHaed a lawsuit against drug companies and distributors.. The suit claims the county has seen ase 15-hundred percent increase in opioid-related deaths since e 19-99. The county now wants drug companies and distributoiers to pay up for the damages. The lawsuit also claims manufacturers aggressively pushed highly addictive and dangerous opioids into the market -- while falsely representing to doctors that patients would rarely become addicted to them. Woody White: "This has nothing to do and does not in any way impugn doctors or hospitals. Doctors and hospitals, we sp believe have been victimized ke everybody else in the false advertising and misrepresed ntation these e companies have made about the addictive nature of the substances they've been peddling to people." For more details of r the lawsuit, go to this story on our website we w-e-c-t dot com.

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WPTA Saturday Morning News

Dec 16, 2017 | WPTA (ABC)

By Ft. Wayne, IN

Rough Transcript: eaders in allen county know there is a huge opioid crisis here. and now? they are taking steps to make the drug companies pay up. in a unanimous vote, the allen county commissioners approved a contract with a law firm... to represent the county in a lawsuitagainst manufacturers and distributors of opioids. commissioner therese brown says people addicted to pain medication are

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10 This Morning Saturday

Dec 16, 2017 | WBNS (CBS)

By Columbus, OH

Rough Transcript: taking on the opioid epidemic by going after drug manufacturers... the lawsuit filed by the city of columbus.

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Business Report

Dec 16, 2017 | NECN

By Boston, MA

Rough Transcript: massachusetts has sued opioid manufacturers steekds recoup the cost of dealing with the opioid epidemic. the city of greenfield joins a growing list of cities and states, including the entire state of new hampshire that have filed suit. one of the nearly two dozen defendants is the a connecticut company. opioid manufacturesers and distributors need to be held accountable for their outrageous sales and marketing practices. >>>

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WBTV 3 News at 11pm

Dec 15, 2017 | WBTV (CBS)

By Charlotte, NC

Rough Transcript: several drug manufacturers and distributors. the suit calls for unspecified damages to help cover the cost associated with responding to the opioidproblem. filed a similar lawsuit this week. a 2016 study said wilmington the number one in the country in opioid abuse rate. nearly 12% of people there abused opioids.

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Northwest Now

Dec 15, 2017 | KBTC (PBS)

By Seattle, WA

Rough Transcript: We have a real epidemic here in Washington state and all around the country. Just two facts to put out there for your viewers. Number one, on average everyday in Washington state, two people die of an opioid overdose. Everyday in Washington state. That cuts across all demographics. Red counties. Blue counties. You name it. Number two, i think it was back in 2012, there were enough opioids prescribed in that one year for every man, woman, and child in our state to have, i think, it is a 17 or 18 day supply. It's insane the volume of opioids going out there. So yes, i brought a lawsuit against the largest manufacturer of opioids. That's Purdue Pharma. We're part of what we call a multi-state investigation. Republican, Democratic AGs investigating. That work is still ongoing. i pulled out of that multi-state which i don't do frequently, Tom, but i just felt we were ready to go. This is a crisis. My team was ready to file a lawsuit. So we went ahead and did that. And our job here in this case to hold them accountable. And i guess the last point on that is that, you know, Chris Gregoire, one of my predecessors, has compared this type of litigation to the big tobacco cases --

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KOLO 8 News Now at 6:30pm

Dec 15, 2017 | KOLO (ABC)

By Reno, NV

Rough Transcript: to chairman burnett of the nevada gaming control board. the f-b-i determined laxalt did not break the law. the third incident schwartz cites: He phoned the Mayor of Reno and asked her not to sue Pfizer and Purdue Pharma reno mayor hilary schieve tells me laxalt did ask her to not sue the opioidmanufacturers. while that is not a crime, and is allowed with his scheve says, more than 100 other cities are suing opioid manufacturers in separate suits from the state. quote: "In most states the ag works in conjunction with cities just as a letter of support." schwartz alleges laxalt was motivated to put pressure on schieve because of money. and it turns out he has taken over ten thousand dollars in donations from both of these organizations we have found a pfizer report showing the company's donations to nevadans. it did donate 25-hundred dollars to laxalt just last year. he gave similar amounts last year to senator dean heller, state

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Q13 News at 5

Dec 15, 2017 | KCPQ (Fox)

By Seattle, WA

Rough Transcript: also breaking tonight, pierce county council members just passed a motion telling the counties prosecutor to file a lawsuit against major pharmaceuticalcompanies that make opioids in relation to the opioid and heroin crosses here in washington and across the country. washington state and the cities of tacoma seattle have sued

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ABC57 News at 6P

Dec 15, 2017 | WBNDLD (ABC)

By South Bend, IN

Rough Transcript: new at 6--allen 3 has voted to sue drug makers--as part of the fight against the opioid epidemic! they join a growing list--- suing the manufacturersand distributors for their part in the cris!!according to officials---no specific companies---have been named--- yet!the county says--it won't be spending money on the team of lawyers---but the team will get a chunk of any reward!

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Fox 26 News at 7

Dec 15, 2017 | WSFX (Fox)

By Wilmington, NC

Rough Transcript: The lawsuit holds five of the largest manufacturers of prescription opioids and their related companies, and thean country's three largest wholesale drug distributalors, accountable for un failing to do what they were charged with under the federal Controlled Substances Act: monitor, identify and rer,port suspicious activity in the size and frequency of opioid shipments to pharmacies and hospitals. New Hanover County is joing a growing list of city and county governments across North Carolina and the country that are taking action against the drug manufacturers and distributors for fueling the opioid crisis in their communities. Accorcoding to the n.c. Department of Health and Human Services, from 1999 to 2016 more than 12,000 North Carolinians died from opioid-related overdoses. New Hanover County hw as been one

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WRAL News at 6PM

Dec 15, 2017 | WRAL (NBC)

By Raleigh-Durham, NC

Rough Transcript: he federal lawsuit blames dozens of drug makers and distributors for the epidemic. >> our community is suffering because of this. >> hanover launched these public service announcements about the opioid addiction long before it goes to court. >> it's having tremendous impacts on families. >> they complain of pharmaceutical companies creating false and aggressive statements. the suit blames wholesale distributors for failing to monitor and investigate problems. >> there's real causes to this cris. >> and josh stein isn't part of the lawsuit, but he's part of a 40-state investigation into the cause of the pain killer cris, that's why i'm investigating the role of the drug companies. they've made billions while all of this was going on.

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Pittsburgh's Action News 4 at 5

Dec 15, 2017 | WTAE (ABC)

By Pittsburgh, PA

Rough Transcript: shannon: it is killing people at alarming rates, tearing apart families and costing communities thousands of dollars. we are talking about the opioid epidemic. mike c: tonight pittsburgh's action news 4 reporter brittany hoke with the local county joining the lawsuit in an effort to get some of that money back. reporter: fayette county now the latest of several in the area filing the lawsuit going after pharmaceutical companies, distributors, and physicians for money they say they've spent fighting rampant opioi dem opioidaddiction.

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ABC21 News at 5

Dec 15, 2017 | WPTA (ABC)

By Ft. Wayne, IN

Rough Transcript: "All in favor signify by saying aye. Aye." in a unanimous vote, the allen county commissioners approved a contingency fee contract with milwaukee-based attorneys to represent the county in a massive lawsuit against the manufacturers and distributors of opioids. Nelson Peters/(R) Allen Co. Commissioner: "i personally rationalized that it really wasn't fair to go back to the taxpayers and say, 'taxpayers, you have to foot the bill for this problem,' when it is a problem the population as a whole really did not create." commissioner therese brown says people addicted to pain medication are not only taking a toll on public health and clogging the judicial system, they're also impacting the local economy. Therese Brown/(R) Allen Co. Commissioner: "There are a lo of walking addicted individuals through no choice of their own have sought help and are addicted, and it is affecting multitudes of manufacturers and employers across our country, and not just our country but obviously here in

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Boston 25 News at 5PM

Dec 15, 2017 | WFXT (Fox)

By Boston, MA

Rough Transcript: Vanessa: the city of greenfield is suing several opioid makers and distributors, joining a growing list of municipalities and states seeking so recoop the costs of dealing with this epidemic. greenfield is the first municipality in massachusetts to file a federal lawsuit like this. the mayor says, he hopes the suit will raise awareness about the extent of the problem locally. one of the defendants, purdue pharma, denies the allegations. >>

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22 News at 5PM

Dec 15, 2017 | WWLP (NBC)

By Springfield, MA

Rough Transcript: city has filed a federal lawsuit naming several opioid medication companies. it's not fair that the community should bear the brunt of the expense and human misery and the cost to treat each person. when it's clear the mistake, the error, the non-compliance with law by the manufactors and distributors. reporter: mayor martin said, opioid manufacturers knew their product was highly addictive and they failed to warn the public. mayor william martin told 22news it will take a lot of money to deal with the opiod crisis, and city's running out of funds. reporting live from our franklin county

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