Opioid Litigation Daily Media Report - 12/19/17

Washington Post/60 Minutes Investigation

1. Former DEA officials speak out against resolution of 2014 McKesson opioid case: 5 things to know

   Dec 18, 2017 | Becker's Hospital Review

   By Brian Zimmerman
   
   
   Two retired Drug Enforcement Administration officials spoke out about the way DEA and Department of Justice attorneys handled a 2014 case against McKesson regarding suspiciously large opioid shipments. The whistle-blowers argued the attorneys folded on the settlement, delivering the drug distributor a slap on the wrist, according to a joint investigative report from CBS' "60 Minutes" and The Washington Post.
2. DEA Fights Back After Investigation Into Opioid Maker Was Halted

   Dec 18, 2017 | One America News Network

   By Ethan Viveiros
   
   
   DEA Whistle Blowers are fighting back after claiming they were blocked from holding a pharmaceutical giant accountable for misconduct.
3. Hassan pushes for drug enforcement spending, holding pharma companies accountable

   Dec 18, 2017 | Concord Monitor (NH)

   By Paul Steinhauser
   
   
   In the battle against the drug crisis that’s ravaging New Hampshire, U.S. Sen. Maggie Hassan says large pharmaceutical companies that fail to police suspicious orders of opioids must be held accountable.

Southeast (AL, AR, FL, KY, NC, TN)

4. Limestone County, Decatur to pursue opioid lawsuits

   Dec 19, 2017 | DecaturDaily.com (AL)

   By Marian Accardi
   
   
   The city of Decatur and Limestone County Commission are joining a growing number of local governments suing drug manufacturers and wholesale distributors over the opioid addiction crisis.
5. Jacksonville council agrees to enter opioid suit, place liens on properties of demolished homes

   Dec 18, 2017 | The Anniston Star (AL)

   By Patrick McCreless
   
   
   City leaders agreed Monday to enter a cross-jurisdictional lawsuit against nationwide opioid distributors to possibly recoup money spent because of area drug abuse.
6. City joins opioid suit; 'There is no down side'

   Dec 19, 2017 | Harrison Daily Times (AR)

   By Staff
   
   
   Harrison Mayor Dan Sherrell was given the go-ahead to sign an engagement letter prior to the city council passing a resolution joining the Arkansas Municipal League's federal lawsuit against several major drug manufacturers and distributors, accusing them of creating a public health crisis by downplaying the risks of some opioid painkillers.
7. Palmetto looks to join lawsuits against pharmacy companies for opioid damages

   Dec 19, 2017 | Bradenton Herald (FL)

   By Mark Young
   
   
   Palmetto joined municipalities across the state, and country, in potentially filing a lawsuit against big pharmaceutical manufacturers and distributors for their alleged role in the current opioid epidemic that has killed an estimated 200,000 Americans in the past few years.
8. Pulaski County’s opioid lawsuit transferred to federal court in Ohio

   Dec 19, 2017 | Commonwealth Journal (KY)

   By Janie Slaven
   
   
   In September, Pulaski County Fiscal Court agreed to join a class action against pharmaceutical distributors and/or manufacturers accused of contributing to the opioid epidemic. On Thursday, the county’s case was among some 60 others conditionally transferred to the United States District Court for the Northern District of Ohio in order to consolidate pretrial proceedings.
9. County signs resolution to fight opioid crisis, puts lawsuit contract on hold

   Dec 19, 2017 | Bladen Journal (NC)

   By W.Curt Vincent
   
   
   Bladen County commissioners agreed that it makes sense to join with other counties in the state in a resolution declaring the opioid crisis as a public nuisance, but were forced to hold off on voting to join with 46 other counties in a lawsuit against pharmaceutical companies.
10. Catawba County Commissioners declare opioids a "public nuisance"

    Dec 18, 2017 | Hickory Record (NC)

    By Kevin Griffin
    
    
    The Catawba County Board of Commissioners opened the door to legal action against opioid manufacturers and distributors with a resolution declaring the opioid crisis to be a “public nuisance.”
11. Madison Co. commissioners take steps to fight opioid epidemic

    Dec 18, 2017 | WBBJ TV (TN)

    By Josh Robinson
    
    
    Madison County commissioners on Monday approved the hiring of a firm out of Florida to represent them in a lawsuit against manufacturers and distributors of opioids.

Midwest (IL, IN, MI, OH)

12. Champaign County Board to vote on hiring law firms over opioid crisis

    Dec 19, 2017 | The News-Gazette (IL)

    By Tom Kacich
    
    
    Champaign County may join a growing number of counties that are targeting pharmaceutical companies for their alleged role in the nationwide opioid abuse problem.
13. City of Fort Wayne suing opioids distributors

    Dec 18, 2017 | News-Sentinel (IN)

    By Lisa Esquivel Long
    
    
    Mayor Tom Henry on Monday announced that the city of Fort Wayne will file a public nuisance lawsuit against three opioids distributors, which will bring money into the community to help with treatment for the highly addictive painkillers. Meanwhile, a group representing the distributors said they understand the opioid epidemic’s effect on communities, but “we aren’t willing to be scapegoats.”
14. City files lawsuit against top distributors of opioids

    Dec 19, 2017 | The Journal Gazette (IN)

    By Rosa Salter Rodriguez
    
    
    The city of Fort Wayne has become the second local government entity within days to announce it is fighting the opioid epidemic with a lawsuit.
15. Fort Wayne Joins Statewide Opioid Legal Effort

    Dec 19, 2017 | WBOI (IN)

    By Zach Bernard
    
    
    Fort Wayne announced Monday it will be joining a mounting legal effort in Indiana against pharmaceutical companies and distributors.
16. County considering joining opioid lawsuit

    Dec 18, 2017 | The Star Press (IN)

    By Keith Roysdon
    
    
    Delaware County, ravaged by opioid abuse and drug overdoses in recent years, might join a lawsuit against drug makers and distributors.
17. Escanaba joins opioid lawsuit

    Dec 18, 2017 | Daily Press (MI)

    By Jenny Lancour
    
    
    The Escanaba City Council has decided to join a nation-wide mass lawsuit against manufacturers of opioids in an effort to curb marketing of these products, which are contributing to the local drug epidemic.
18. Nine metro Detroit cities, counties suing drugmakers for opioid epidemic

    Dec 19, 2017 | WXYZ Detroit (MI)

    By Staff
    
    
    Nine cities and counties in Michigan are filing a federal lawsuit demanding pharmaceutical manufacturers and distributors be held responsible for the opioid crisis in Michigan.
19. Lansing sues drug companies over opioid epidemic

    Dec 19, 2017 | Lansing State Journal (MI)

    By Matt Mencarini
    
    
    The city of Lansing is suing 21 drug companies, distributors and retailers it says helped fuel the nationwide opioid epidemic, which, in turn, put an economic strain on the city as it was forced to address the problem.
20. Opioid epidemic: Michigan communities file lawsuit against drug companies

    Dec 19, 2017 | Click on Detroit (MI)

    By Nick Monacelli and Dave Bartkowiak, Jr.
    
    
    Michigan communities are joining together to tackle the nation's opioid epidemic.
21. Macomb County, Detroit to sue drug makers, distributors over opioids epidemic

    Dec 19, 2017 | Macomb Daily (MI)

    By Staff
    
    
    A federal lawsuit is expected to be filed Tuesday on behalf of Macomb County and eight other Michigan cities and counties that demands pharmaceutical manufacturers, distributors and pharmacies be held liable for local costs of the opioids epidemic.
22. County commissioners join opioid distributor civil action

    Dec 18, 2017 | Coshocton Tribune (OH)

    By Leonard Hayhurst
    
    
    In an attempt to battle the continuing opioid epidemic Coshocton County Commissioners have filed a lawsuit similar to other municipalities against several major pharmaceutical companies.
23. Summit County to sue drug companies over opioid crisis

    Dec 19, 2017 | Akron Beacon Journal (OH)

    By Staff
    
    
    Summit County plans to join a growing list of governments suing the pharmaceutical companies for the opioid crisis.
24. Opioid lawsuit a good move (EDITORIAL)

    Dec 19, 2017 | Star Beacon (OH)

    By Staff
    
    
    Earlier this month, Ashtabula County made the smart and important decision to take legal action against 23 pharmaceutical companies and individual physicians whom they say “directly contributed” to the county’s ongoing drug crisis. Saying the case is about “corporate greed” the suit seeks unspecified damages to recoup costs in combating and treating opioid abuse.

Southwest (TX)

25. County of El Paso to join lawsuit against opioid manufacturers

    Dec 18, 2017 | KVIA ABC 7 (TX)

    By Mauricio Casillas
    
    
    El Paso County Commissioners unanimously voted to join a lawsuit against several pharmaceutical companies for their alleged role in contributing to the opioid crisis.
26. County to choose counsel for opioid-crisis lawsuit

    Dec 18, 2017 | Times Record News (TX)

    By Claire Kowalick
    
    
    Wichita County is choosing a law firm Friday for representation in a suit against Perdue Pharma L.P., et al, in regards to the opioid epidemic.
27. County weighing counsel options pending opioid lawsuit

    Dec 18, 2017 | Newschannel 6 Now (TX)

    By Brenda Robeledo
    
    
    Wichita County officials have a decision to make. They will decide to join a growing list of counties that are suing pharmaceutical companies for opioid epidemics or fighting them alone.
28. Pharma companies respond to Harris County opioid suit: 'We aren't willing to be scapegoats'

    Dec 18, 2017 | Houston Chronicle

    By Keri Blakinger
    
    
    The pharmaceutical industry is pushing back to charges outlined in an expansive lawsuit filed last week by Harris County officials, who allege they are responsible for a growing opioid epidemic.
29. Bell County considers lawsuit against opioid manufacturers

    Dec 18, 2017 | Temple Daily Telegram (TX)

    By Jacob Sanchez
    
    
    Bell County may join a growing list of governmental entities suing the nation’s largest opioid manufacturers.

Commentary and FYIs

30. Trimming NFL Concussion Fees | 'Get Some Popcorn' for this Hip Implant Appeal | Second Time's the Charm in Pelvic Mesh Trial “NFL Concussion Fee Bid Out of Bounds”

    Dec 18, 2017 | Law.com

    By Amanda Bronstad
    
    
    Welcome to Critical Mass, Law.com’s new briefing on class actions and mass torts. I’m Amanda Bronstad in Los Angeles. This week, a class action expert puts limits on attorney fees in the NFL concussion case, and the 5th Circuit asks about reassigning the judge in the appeal of a $502 million hip implant verdict. The second New Jersey bellwether trial over alleged defects in surgical pelvic mesh has resulted in a $15 million plaintiffs’ verdict. And are you a lawyer involved in the growing litigation over opioids? Better have that holiday shopping done — there’s some deadlines coming up next week.
31. Nearly 200 Municipalities Pursue Legal Action Against Pharmaceutical Distributors to Combat Opioid Crisis (PRESS RELEASE)

    Dec 18, 2017 | BusinessWire

    By Staff
    
    
    Today, the national law firm of Baron & Budd; the law firm of Greene, Ketchum, Farrell, Bailey & Tweel LLP; and the law firm of Levin Papantonio, announced that nearly 200 municipalities have contracted with the firms to pursue lawsuits related to allegations that pharmaceutical distributors deliberately failed to monitor and report suspicious orders of opioids. The lawsuits allege the corporate negligence exercised by three Fortune 500 pharmaceutical distributors played an influential role in creating an opioid addiction epidemic throughout the United States.
32. In the fight against the opioid epidemic, lawsuits could be a useful tool (OPINION)

    Dec 18, 2017 | Michigan Radio (NPR)

    By April Van Buren
    
    
    The number of government lawsuits against prescription opioid makers and distributors is rising rapidly.
33. FDA Cannot Remain MIA As States', Cities' Drug-Litigation Crusade Threatens Regulatory Uniformity (OPINION)

    Dec 18, 2017 | Forbes

    By Washington Legal Foundation
    
    
    A November 30, 2017 post discussed the Food and Drug Administration's (FDA) return to third-party courtroom advocacy for national, uniform regulation of products under its authority. In separate amicus briefs, the agency argued that federal law preempted both New York City's enforcement of an expanded menu-labeling ordinance and certain claims in a products-liability suit against a medical-device maker. FDA also urged the International Trade Commission (ITC) to terminate an investigation into the drug-or-dietary-supplement status of an imported omega-3 substance because the inquiry would directly conflict with the agency's authority in that area.
34. Fight The Opioid Epidemic, All Agree. But Strategies Vary Widely

    Dec 19, 2017 | NPR Morning Edition

    By Will Stone
    
    
    It's no secret why drug users come to George Patterson in a mall parking lot just outside Phoenix to get their clean needles, syringes and other supplies on Tuesday afternoons, instead of heading to the pharmacy down the street.
35. Survey Shows Massive Opioid Impact in Farm Country

    Dec 18, 2017 | Lancaster Farming (PA)

    By Staff
    
    
    The opioid crisis has struck farm families much harder than the rest of rural America, a Morning Consult survey shows.
36. Fight opioids with lessons learned from Ebola, HIV crises (OPINION)

    Dec 18, 2017 | The Hill

    By Anthony Pipa
    
    
    As someone who worked for decades on poverty in the U.S. before focusing on international development, I find it worth exploring what lessons from the global experience might be relevant to today’s opioid crisis in the U.S.
37. SC governor limits prescriptions for opioid pain killers, declares public health emergency

    Dec 19, 2017 | The State (SC)

    By Avery G. WIlks
    
    
    Gov. Henry McMaster on Monday declared a statewide public health emergency as part of an effort to curb the rising death toll of opioid abuse in South Carolina.

Broadcast Media Coverage

38. ABC 7 News at 5

    Dec 18, 2017 | El Paso, TX

    By KVIA (ABC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482580?token=c009b425-778f-4646-92bb-b3c82480dc94
39. Northwest Now

    Dec 19, 2017 | Seattle, WA

    By KBTC (PBS)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482840?token=c009b425-778f-4646-92bb-b3c82480dc94
40. Fox 47 Morning News at 7

    Dec 19, 2017 | Lansing, MI

    By WSYM (FOX)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482845?token=c009b425-778f-4646-92bb-b3c82480dc94
41. 6 News This Morning

    Dec 19, 2017 | Lansing, MI

    By WLAJ (ABC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482961?token=c009b425-778f-4646-92bb-b3c82480dc94
42. News 10 Today

    Dec 19, 2017 | Lansing, MI

    By WILX (NBC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482973?token=c009b425-778f-4646-92bb-b3c82480dc94
43. 7 Action News This Morning on TV20 Detroit

    Dec 19, 2017 | Detroit, MI

    By WMYD (MNT)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482852?token=c009b425-778f-4646-92bb-b3c82480dc94
44. 7 Action News This Morning 6am

    Dec 19, 2017 | Detroit, MI

    By WXYZ (ABC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482966?token=c009b425-778f-4646-92bb-b3c82480dc94
45. ABC12 News at Six

    Dec 19, 2017 | Flint, MI

    By WJRT (ABC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482986?token=c009b425-778f-4646-92bb-b3c82480dc94
46. First News at 6

    Dec 19, 2017 | Omaha, NE

    By KETV (ABC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482956?token=c009b425-778f-4646-92bb-b3c82480dc94
47. FOX 22 News at 7AM

    Dec 19, 2017 | Bangor, ME

    By WFVXLD (FOX)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482958?token=c009b425-778f-4646-92bb-b3c82480dc94
48. Local 15 Today

    Dec 19, 2017 | Mobile, AL

    By WPMI (NBC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482969?token=c009b425-778f-4646-92bb-b3c82480dc94
49. WECT News at 11

    Dec 18, 2017 | Wilmington, NC

    By WECT (NBC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482990?token=c009b425-778f-4646-92bb-b3c82480dc94
50. NewsChannel 6 at 10

    Dec 18, 2017 | Wichita Falls, TX

    By KAUZ (CBS)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482993?token=c009b425-778f-4646-92bb-b3c82480dc94
51. 7 Eyewitness News at 6

    Dec 18, 2017 | Jackson, TN

    By WBBJ (ABC)
    
    
    Video Link: https://app.criticalmention.com/app/#clip/view/31482996?token=c009b425-778f-4646-92bb-b3c82480dc94

Washington Post/60 Minutes Investigation

1. Former DEA officials speak out against resolution of 2014 McKesson opioid case: 5 things to know

   Dec 18, 2017 | Becker's Hospital Review

   By Brian Zimmerman

   Two retired Drug Enforcement Administration officials spoke out about the way DEA and Department of Justice attorneys handled a 2014 case against McKesson regarding suspiciously large opioid shipments. The whistle-blowers argued the attorneys folded on the settlement, delivering the drug distributor a slap on the wrist, according to a joint investigative report from CBS' "60 Minutes" and The Washington Post.

   David Schiller, former special agent in charge of DEA's Denver field division, who retired in August after 30 years with the agency, and Helen Kaupang, who retired this fall after working with the DEA for 29 years as an investigator and supervisor, both spoke out against the DEA and DOJ's handling of the case against McKesson.

   Here are five things to know.

   1. In 2014, after two years of investigation by nine DEA field agencies, investigators brought a case against the nation's largest drug distributor for its alleged role in facilitating widespread opioid use and overdose deaths around the nation. Amid the height of the opioid epidemic, McKesson allegedly overlooked suspicious orders of millions of opioids that were being sent to corrupt pharmacies around the nation and ending up on the black market. The DEA whistle-blowers told "60 Minutes" and the Post evidence suggested McKesson deliberately overlooked these orders for the sake of profits.

   2. DEA investigators wanted to come down hard on the drug distributor, which employs 76,000 people and nets about $200 billion a year in revenue. In 2008, the company agreed to work harder to reduce the diversion of the opioids it shipped and paid $13.3 million in fines for failing to report huge orders of hydrocodone made by internet pharmacies. Mr. Schiller said he and his team wanted to go for more than $1 billion in fines this time and, most importantly, bring the first-ever criminal case against a drug distributor.

   "This is the best case we've ever had against a major distributor in the history of the Drug Enforcement Administration," Mr. Schiller told "60 Minutes" and the Post. "I said, '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?'"

   3. Attorneys with the DOJ and DEA instead negotiated that McKesson would pay a $150 million fine and temporarily suspend controlled substance shipments at four of its 30 distribution centers. While the DEA described the McKesson settlement as a "groundbreaking conclusion to a successful multi-district investigation" in an official statement to the news organizations, Ms. Kaupang said she and her colleagues felt like the system had been "hijacked." The DOJ declined "60 Minutes" and the Post's repeated requests for comment on the story.

   4. Geoffrey Hobart, the lead attorney for McKesson, told the Post governmental lawyers never raised the proposition of a $1 billion fine or criminal prosecution when negotiating the 2014 case.

   "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," Mr. Hobart said. "While individual DEA investigators and agents are entitled to their opinions, their agency may ultimately take a different view."

   5. The report from "60 Minutes" and the Post comes after another joint report published in October. The October story featured another DEA whistle-blower and presented evidence that drug industry lobbyists worked with Congress to pass legislation in April 2016 effectively stripping the DEA of its ability to halt suspicious shipments of opioids from drug distributors.

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2. DEA Fights Back After Investigation Into Opioid Maker Was Halted

   Dec 18, 2017 | One America News Network

   By Ethan Viveiros

   DEA Whistle Blowers are fighting back after claiming they were blocked from holding a pharmaceutical giant accountable for misconduct.

   Agents say the department was halted from pursuing what they call their biggest investigation in history by the largest opioid producer in the U.S.

   The McKesson Corporation is responsible for manufacturing over a third of the U.S.’s prescription medications, but a 20-16 report found the pharmaceutical giant was neglecting their duties by failing to report the shipment of massive quantities of prescription opioids.

   The company promised to better monitor their supplies after a $13.3 million settlement in 2008 for failing to report shipments of large quantities of the pain killer hydrocodone to unverified online pharmacies.

   “DEA investigators saw McKesson doing pretty much the same thing,” explained 60 Minute correspondent Bill Whitaker. “Sending thousands and thousands and thousands of suspicious orders around the country, and they said since this was the second time that they found the company doing it they wanted to come down hard on them.”

   The DEA asks that all drug companies freeze and report the sales of unusually large quantities of opioids, which is a provision McKesson has repeatedly ignored until they realized they were under investigation.

   Reports say McKesson was able to bypass the rule by raising the shipping limit for pharmacies they would supply to.

   One DEA investigator found McKesson was shipping just as many prescription painkillers to pharmacies in remote location as they were to massive drugstores in busy metropolitan areas.

   President Trump has called the opioid crisis a “national health emergency,” which is why the DEA hoped to make an example out of McKesson.

   After two years of negotiations however, the DEA claimed they were stopped by their own lawyers who were allegedly intimidated out of pursuing the suit by none other than McKesson.

   “When we took the cases and eight boxes of evidence to the attorneys at the highest level in DEA they would tell us right away — lets just settle,” said former DEA Special Agent David Schiller. “How do you settle when you need to go in with a court order and shut down a billion dollar distribution center?”

   The company ended up settling for $150 million — a punishment the DEA calls “a slap on the wrist,” but the drug-making giant isn’t out of the woods yet.

   41 state attorneys general have launched a bipartisan lawsuit against Big Pharma for their compliance in the epidemic.

   In the meantime, a spokesperson from the department said the DEA has pledged to continue to monitor McKesson regardless of the settlement.

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3. Hassan pushes for drug enforcement spending, holding pharma companies accountable

   Dec 18, 2017 | Concord Monitor (NH)

   By Paul Steinhauser

   In the battle against the drug crisis that’s ravaging New Hampshire, U.S. Sen. Maggie Hassan says large pharmaceutical companies that fail to police suspicious orders of opioids must be held accountable.

   And in an interview with the Monitor on Monday, New Hampshire’s junior U.S. senator and former governor said she’s urging her Republican Senate counterparts to increase federal funding in a year-end bill.

   “We need to get more money and resources to the front lines as soon as possible,” Hassan said.

   “I’m calling on my colleagues in the Republican majority who are putting together this end-of-the-year spending bill to include much more funding for the opioid epidemic on all fronts,” Hassan said. “We need to get money to the people on the front lines: law enforcement, treatment, prevention and recovery providers as well.”

   Hassan and fellow Democratic Sen. Jeanne Shaheen joined a handful of colleagues last week in calling for a significant increase in funding. A year-end funding bill needs to be negotiated by Friday in order to prevent a federal government shutdown.

   “We hear concerns from our colleagues on the other side of the aisle because they say they’re concerned about the opioid epidemic. What we need is to match that concern with is actual dollars,” Hassan said when asked if there’s support among Senate Republicans for the increased funding.

   “I’m going to be making the case that if people are really concerned with this epidemic, which is hitting every state in the country and taking about 100 lives a day, that we will find resources to actually get to the front lines, so we can turn the tide of this thing,” Hassan added.

   Earlier this year Shaheen and Hassan teamed up to co-sponsor a bill that called for $45 billion to fight the epidemic over the next 10 years.

   While the clock’s ticking on a deal to keep the federal government funded past this Friday, Hassan is grabbing national media exposure for her push to hold pharmaceutical makers accountable when they run afoul of federal drug laws and to give law enforcement officials the tools they need to crack down on the reckless distribution of opioids.

   Hassan is part of a group of senators aiming to repeal the Ensuring Patient Access and Effective Drug Enforcement Act of 2016. The legislation, backed by powerful drug companies, was pushed through Congress by small group of lawmakers. It was signed into law by President Barack Obama.

   A joint investigation by the Washington Post and 60 Minutes found that the law has undermined the federal Drug Enforcement Agency’s most powerful tools in the war against the opioid epidemic. Some of the DEA’s investigators, agents and attorneys were interviewed as part of the investigation.

   “It’s going to be absolutely critical that we get the DEA its authority back, the authority that was weakened by last year’s law,” Hassan said. “What I am focused on right now is making sure that our law enforcement on the front lines has the resources they need, not only financial resources, but the legal tools, to really crack down on the distribution of opioids in our country, which are killing so many people.”

   The bill was passed by unanimous consent in the Senate and without objection in the U.S. House, which means lawmakers didn’t have to take an actual vote on the legislation.

   While Hassan wasn’t in the U.S. Senate at the time the bill was passed, Shaheen was in office. A spokesman for Shaheen said she opposes the 2016 law and supports the push by Hassan and others to repeal the measure.

   The Post-60 Minutes report also spotlighted a multiyear investigation by a DEA team into whether pharmaceutical giant McKesson failed to report suspicious orders of addictive opioid pain pills by pharmacies that were then turning around those drugs for illegal sales.

   “This is the best case we’ve ever had against a major distributor in the history of the (DEA),” the special agent in charge of the DEA team told the Post.

   While some at the DEA pushed for criminal charges and large fines against McKesson, top attorneys at the agency and the Justice Department reportedly struck a deal with the company, which Hassan said deflated many at the DEA.

   “The McKesson Company is the largest distributor of opioids in the country,” she said. “And what we’re hearing from the DEA is their intense frustration that even when they’ve had really good cases to bring against companies like McKesson for ignoring flags that tell them they are sending opioids to pill mills or unscrupulous doctors or people who are essential dealing in these pills, that they couldn’t use their authority to really crack down on companies like McKesson.”

   Hassan also stressed the importance of “meaningful fines.”

   “McKesson makes $5 billion a year in profits, $100 million a week, and yet the fine they settled for was $150 million. That’s a drop in the bucket for them,” the senator said. “So we have to hold them accountable. That means imposing fines that will really cause them to change their behavior and their culture, because right now it’s very clear that they are structurally and culturally unable to police themselves.”

   McKesson fired back Sunday night, soon after the airing of the 60 Minutes report, which included an interview with Hassan.

   The pharmaceutical giant said the report contained “sweeping and unsubstantiated accusations against our company. We provided extensive information to the news outlet by way of interviews with and statements from McKesson and its representatives – including a categorical denial of any criminal behavior or intent. Shockingly, it all ended up on the editing room floor.”

   The drug crisis has hit the Granite State particularly hard. New Hampshire ranks second in the country, behind West Virginia, in the number of opioid-related deaths per capita. And the Granite State ranks first in the nation for fentanyl-related deaths relative to its population.

   “What we know is that there are millions of opioid pills going to small states,” Hassan said. “And we know that most people who have an addiction right now started on prescription drugs. So we need to crack down on this and I’m going to continue to do that.”

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Southeast (AL, AR, FL, KY, NC, TN)

4. Limestone County, Decatur to pursue opioid lawsuits

   Dec 19, 2017 | DecaturDaily.com (AL)

   By Marian Accardi

   The city of Decatur and Limestone County Commission are joining a growing number of local governments suing drug manufacturers and wholesale distributors over the opioid addiction crisis.

   A unanimous Decatur City Council voted Monday to hire the Pensacola, Florida, law firm of Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor PA, to represent it in a lawsuit against opioid distributors. Decatur attorney Greg Reeves requested the council action. 

   "If we don't get in, Decatur would just be out in the cold if there's a settlement or a decision," Council President Paige Bibbee said.

   The Limestone County Commission voted 4-0 Monday to retain Athens attorney John Plunk and Hodges Trial Lawyers P.C. in Huntsville to represent the county in a lawsuit seeking all civil remedies against companies in the chain of distribution of prescription opiates responsible for the opioid epidemic.

   “We don’t know if we’ll get anything out of this,” County Commission Chairman Mark Yarbrough said, “but maybe it’ll work as a deterrent.” Yarbrough said there are no up-front costs to the county.

   According to a legal services agreement approved by the commission, the litigation will focus on manufacturers and wholesale distributors and their role in diverting “millions of prescription opiates into the illicit market which has resulted in opioid addiction, abuse, morbidity and mortality.”

   The agreement doesn’t name the companies that will be sued.

   “Initially, we’ll file a lawsuit on behalf of our clients,” said Plunk, who’s a member of the Alabama Ethics Commission. “It’ll be filed in U.S. District Court in Huntsville. We plan on filing within a week.”

   Plunk said class-action status would be determined by the federal judges who end up handling the cases.

   “The courts, in order to have efficient management of numerous cases with common claims and common damages, will grant class-action status,” Plunk said.

   The services of other attorneys and firms may be retained to pursue the case, the legal services agreement states.

   Limestone County and Decatur will pay 30 percent of the total recovery as an attorney fee whether the lawsuit is resolved by compromise, settlement or trial and verdict. The fee will be calculated on the amount obtained before costs and expenses are deducted, according to the agreement.

   If a court awards attorneys’ fees, the attorneys will receive 30 percent or the fees awarded, whichever is greater. There is no fee if there is no recovery, according to the agreement.

   Litigation expenses will be deducted from any recovery after the contingency fee is calculated, the agreement states, and there is no reimbursement of litigation expenses if there is no recovery.

   The Morgan County Commission agreed last month, in a unanimous vote, to authorize Commission Chairman Ray Long to enter the county into a contract with the Levin Papantonio law firm and Reeves.

   County Attorney David Langston will assist in representing the commission in the planned federal lawsuit against Cardinal Health Inc., AmerisourceBergen Drug Corp. and McKesson Corp.

   Reeves said last month the county would be represented by the same consortium of eight law firms, including Levin, that are representing the city of Birmingham in its suit against the three drug distributors.

   "If could be years before there's any resolution," Reeves said Monday at the Decatur council meeting.

   The Lawrence County Commission also agreed to hire Levin Papantonio and Reeves to represent the county in a class-action opioid lawsuit against drugmakers.

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5. Jacksonville council agrees to enter opioid suit, place liens on properties of demolished homes

   Dec 18, 2017 | The Anniston Star (AL)

   By Patrick McCreless

   City leaders agreed Monday to enter a cross-jurisdictional lawsuit against nationwide opioid distributors to possibly recoup money spent because of area drug abuse.

   Jacksonville’s City Council voted to enter a contract with Birmingham attorney Annesley DeGaris, who would oversee the proposed litigation. If successful, the lawsuit would help Jacksonville and other participating cities recover money spent dealing with the repercussions of prescription opioid abuse, which has risen sharply nationally over the last decade.

   The remainder of this article is under paywall: https://www.annistonstar.com/news/jacksonville/jacksonville-council-agrees-to-enter-opioid-suit-place-liens-on/article_2b8f082a-e468-11e7-bfac-a30cba7d4bd4.html

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6. City joins opioid suit; 'There is no down side'

   Dec 19, 2017 | Harrison Daily Times (AR)

   By Staff

   Harrison Mayor Dan Sherrell was given the go-ahead to sign an engagement letter prior to the city council passing a resolution joining the Arkansas Municipal League's federal lawsuit against several major drug manufacturers and distributors, accusing them of creating a public health crisis by downplaying the risks of some opioid painkillers.

   Sherrell said he received information about the class action late Thursday, prior to that evening's council committee meetings. Since it was only a hearing meeting with no action scheduled to be taken, the resolution was forwarded to the council's Dec. 28 meeting. It was the consensus of aldermen present that the mayor could sign the letter.

   According to state news outlets, the lawsuit filed Tuesday, Dec. 12, seeks punitive damages against the companies.

   Sherrell said it costs nothing to the city to join the suit.

   "There is no downside," he said, saying that should the lawsuit prevail, 25 percent of any money awarded would go to attorneys with the rest to be divided between the cities and counties participating. He did not know if the money would be earmarked, but believed it would be for education, prevention or recovery programs.

   The information provided by the Municipal League notes there were 108 opioid-related deaths in Arkansas last year. And according to the U.S. Centers for Disease Control and Prevention, Arkansas has the second-highest opioid prescription rate in the country.

   Earlier this month, the Arkansas State Medical Board approved draft regulations aimed at reducing opioid abuse, including limiting prescriptions for treatment of acute pain to a seven-day supply.

   In other business, committee members heard about a plan for some computer needs.

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7. Palmetto looks to join lawsuits against pharmacy companies for opioid damages

   Dec 19, 2017 | Bradenton Herald (FL)

   By Mark Young

   Palmetto joined municipalities across the state, and country, in potentially filing a lawsuit against big pharmaceutical manufacturers and distributors for their alleged role in the current opioid epidemic that has killed an estimated 200,000 Americans in the past few years.

   The city took action Monday night to authorize city attorney Mark Barnebey to retain an outside legal team to review the financial impacts to the city that the crisis has caused. Among some potential costs associated with the epidemic are for the purchase of narcan, the counteractive drug that stops an overdose, as well as personnel, treatment and litigation.

   “It’s come to our attention that a number of jurisdictions are investigating and pursuing possible claims that are pharmaceutical related due to possible deceptive sales and marketing procedures,” Barnebey said.

   Barnebey said there are several firms now specializing in taking action against the pharmaceutical companies and it would be a contingency-based hire, meaning it won’t cost the city any money for the legal team to review the city’s case and potentially file the lawsuit. Legal professionals have compared it to the class action lawsuit filed by the Gulf of Mexico states against British Petroleum after the Deepwater Horizon environmental disaster.

   Barnebey said there are some similarities, but it’s not a class action suit and all of the municipalities are essentially going at it on their own.

   “But if you get enough people that are filing a similar case, the courts will typically prefer a class action suit,” he said. “We aren’t there yet, but I can see it getting to that point.”

   Delray Beach became the first city to file a suit in July, and Manatee County had a similar discussion in early November. The county is considering one of two law firms, and a proposal to move forward is expected by late January.

   While it has been an unofficial accusation for years, so-called “Big Pharm” is being called out for the aftermath of the “Pill Mill” ordeal when powerful and addictive narcotics were being over prescribed, addicting millions of Americans. When states like Florida cracked down on the pill mills, it left those relying on the medications to find alternative means to feed their addiction. In Delray Beach’s case, the city’s third-party legal team accuses pharmaceutical distributors and manufacturers of engaging in deceptive marketing and that they violated the Florida Unfair Deceptive Trade Practices Act by overselling opioids to doctors while minimizing the threat of addiction.

   In 2015, Manatee County had Florida’s highest per capita rate of overdose fatalities related to morphine, fentanyl and cocaine. One year later, the county would be labeled the overdose capital of the country, and while 2017 has seen ebbs and flows in overdoses, the crisis remains in full swing. Mayor Shirley Groover Bryant said the legal team must take into consideration those future numbers and not just settle on the past and present figures.

   “This has the potential to be very costly in the long term at the rate this continues to escalate,” Bryant said. “It’s very unfair to our citizens who will be burdened with those costs.”

   Pharmaceutical companies also are being accused of failing to alert the U.S. Drug Enforcement Agency for suspicious opioid purchases, such as orders of unusual size and frequency. Allegations typically state that the manufacturers exaggerated the benefits of the medications, knew they were being over prescribed and yet failed to warn doctors of the extremely addictive nature of the narcotics. Other lawsuits also state that pharmaceutical companies lobbied politicians and doctors in an effort to artificially increase the use of these same opioids.

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8. Pulaski County’s opioid lawsuit transferred to federal court in Ohio

   Dec 19, 2017 | Commonwealth Journal (KY)

   By Janie Slaven

   In September, Pulaski County Fiscal Court agreed to join a class action against pharmaceutical distributors and/or manufacturers accused of contributing to the opioid epidemic. On Thursday, the county’s case was among some 60 others conditionally transferred to the United States District Court for the Northern District of Ohio in order to consolidate pretrial proceedings.

   The order was made by the United States Judicial Panel on Multidistrict Litigation and involves similar lawsuits from city and county governments in Alabama, Arkansas, Florida, Illinois, Indiana, Kentucky, Louisiana, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, Pennsylvania, Texas, Washington, West Virginia and Wisconsin.

   According to an amended complaint filed on behalf of Pulaski County Fiscal Court on October 4, the defendants include: AmericsourceBergen Drug Corporation, Cardinal Health Inc., McKesson Corporation, Purdue Pharma Inc., Purdue Frederick Company Inc., Teva Pharmaceutical Industries, Cephalon Inc., Johnson & Johnson, Janssen Pharmaceuticals, Noramco Inc., Endo, Allergan PLC, Watson Pharmaceuticals and Mallinckrodt.

   The county accuses the defendants of public nuisance, RICO (Racketeer Influenced and Corrupt Organizations) Act violations, negligence, civil conspiracy and fraud in connection to “false, deceptive and unfair marketing” of prescription opioids.

   Of the manufacturers, the lawsuit alleges that they “aggressively pushed highly addictive, dangerous opioids, falsely representing to doctors that patients would only rarely succumb to drug addiction. These pharmaceutical companies aggressively advertised to and persuaded doctors to prescribe high addictive, dangerous opioids, turned patients into drug addicts for their own corporate profit. Such actions were intention and/or unlawful.

   “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 complaint further alleges.

   The county is seeking damages in regard to the costs related to opioid-related addiction as well as “the means to abate the epidemic created by Defendants’ wrongful and/or unlawful conduct.”

   The lawsuit outlines first the national opioid epidemic before delving into Kentucky and finally Pulaski County itself.

   “From 2013 through the middle of 2017, more than 21.2 million doses of prescription opioids, including hydrocodone, oxycodone, tramadol, and oxymorphone, were dispensed in Pulaski County, Kentucky which has a population of approximately 69,000 people,” the complaint states. “That is more than 331 doses of prescription opioids for every man, woman, and child in Pulaski County, Kentucky.

   “During this same time period, more than 1.3 million doses of medications which are often used as overdose antidotes, including naloxone, have been dispensed in Pulaski County, Kentucky — 21 per person.”

   Pulaski County Fiscal Court’s lawsuit was filed by Paul T. Farrell Jr. on behalf of a consortium of five law firms based in West Virginia, Florida, Texas and Mississippi.

   The local case will now be heard along with those of the other plaintiffs by U.S. District Judge Dan Polster in Cleveland, Ohio.

   The Healthcare Distribution Alliance has issued several statements on behalf pharmaceutical distributors — most recently on Friday in response to a report in The Washington Post — pointing to many factors driving the crisis.

   “These factors include the DEA’s year-over-year approvals of increased production of opioids and the accepted standards of medical practice that encouraged the proliferation of pain medicine prescriptions,” HDA Senior Vice President John Parker stated. “Further, it has been well established by the GAO, as well as current and former DEA staff, that the lack of communication between the Agency and its registrants stymied effective enforcement…

   “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. Further, distributors respond to demand in the market for medicines — they don’t create it. 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.

   “Urgent action is needed to address the epidemic in a meaningful and substantial way. Doing so will require us to take an honest and hard look at what changes need to be made. For our part, we’re ready to move forward with practical solutions to improve communication between all entities in the supply chain and with law enforcement to mitigate abuse and misuse before it occurs.”

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9. County signs resolution to fight opioid crisis, puts lawsuit contract on hold

   Dec 19, 2017 | Bladen Journal (NC)

   By W.Curt Vincent

   Bladen County commissioners agreed that it makes sense to join with other counties in the state in a resolution declaring the opioid crisis as a public nuisance, but were forced to hold off on voting to join with 46 other counties in a lawsuit against pharmaceutical companies.

   During its regular meeting Monday, the board discussed the issue of signing a resolution that essentially declares war against opioid abuse.

   But commissioners also said the resolution — and the lawsuit — need to go further.

   “I’m not against the county joining (the lawsuit), but there are other areas to focus on, too,” said Commissioner Charles Ray Peterson. “Pharmaceutical companies have deep pockets and can get past this with settlements — we need to also look hard at doctors and pharmacies.”

   Other commissioners agreed.

   “Doctors are writing these prescriptions and are a big part (of the problem),” said Commissioner Ashley Trivette. “We should expand (the lawsuit) further out.”

   “We need to even look at at the federal government,” Commissioner Michael Cogdell said. “It’s the FDA that approved these drugs and we need to cut it off at the source.”

   Although the board unanimously approved signing the resolution, when the issue of joining 46 other counties in the lawsuit, things came to a halt.

   “That wasn’t part of the agenda, so I think it will have to wait until the next meeting (on Jan. 2),” Peterson said. “We haven’t even seen the contract.”

   The board agreed, promising to put the issue on the agenda for next month.

   In other business Monday, the board:

   — Approved the purchase of 53 Ballistic Helmets from the Bob Barker Company for the Bladen County Sheriff’s Office at a cost of $14,147.

   — Approved a fence project at the Bladen County Courthouse and an agreement with the town of Elizabethtown for the project.

   — Accepted a $200,000 appropriation from the General Assembly to be used at the Sheriff’s Office Training Center.

   — Approved renewing agreements between the Bladen County Health Department and East Carolina for clinical rotations; Bladen Medical Associates for complex issues referrals; Bladen County DSS for child abuse/neglect reporting; Eastpointe for referrals; and the Office of Rural Health for medical access plan at a cost of $16,700.

   — Approved a $128,600 contract with Dewey Shaw of Elizabethtown for the Administration Building (former Sheriff’s Office) renovation project.

   — Voted 5-3 against video-taping county commissioner meetings.

   — Tabled a policy for monetary support of sports teams through the County Parks & Rec Department that advance to regional, state and World Series levels. The policy would give $15 per player for teams going to a regional and state competitions less than 60 miles away, $30 per player for those more than 60 miles away; and a flat donation of $500 to those teams traveling to World Series competitions.

   — Recognized Commissioner Peterson for his service as board chairman in 2017.

   The next meeting of the county commissioners will be Tuesday, Jan. 2, at 6:30 p.m.

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10. Catawba County Commissioners declare opioids a "public nuisance"

    Dec 18, 2017 | Hickory Record (NC)

    By Kevin Griffin

    The Catawba County Board of Commissioners opened the door to legal action against opioid manufacturers and distributors with a resolution declaring the opioid crisis to be a “public nuisance.”

    The resolution, adopted unanimously after the board came out of closed session at its Monday meeting,  declared that the “opioid crisis…must be abated for the benefit of Catawba County’s citizens.”

    The resolution also says that the board has reason to believe that opioid manufacturers and distributors had distributed the substances in ways that “may have violated federal and/ or state laws,” as well as regulations intended to keep drugs out of “the illicit market.”

     The board voted to allow Chairman Randy Isenhower to enter into a representation agreement with Paul Farrell and “associated firms,” while also designating County Attorney Debra Bechtel as local counsel.

    After the meeting, Bechtel said that the resolution approved at the meeting “is just the first step to explore options.”

    “We have not even drafted the complaint yet,” Bechtel said.

    “But I can tell you that in looking at other counties that have filed suit that this firm uses, they have filed suit against manufacturers and distributors. We would not be going and filing any action against any physicians.”

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11. Madison Co. commissioners take steps to fight opioid epidemic

    Dec 18, 2017 | WBBJ TV (TN)

    By Josh Robinson

    Madison County commissioners on Monday approved the hiring of a firm out of Florida to represent them in a lawsuit against manufacturers and distributors of opioids.

    “There have been numerous lawsuits filed across the country to deal with the over prescription of drugs and the opioid crisis,” Steve Maroney, the county attorney, said.

    All of these cases have been consolidated into a mass tort claim. Several Tennessee counties have already hired firms to represent them.

    “It’s important to go ahead and get a claim filed for the sake of the county because after the first of the year the state could act in some way that would preempt the county of being able to make its own individual claim,” Maroney said.

    If Madison County did not file a claim and there was a settlement, the county would be at the mercy of the state as to how much money they would receive.

    No taxpayer money will be used to pay for these attorneys.

    “Madison County will pay the attorneys that represent it out of any recoveries that we make,” Maroney said. “So if there’s no recovery, there will be no tax dollars in on the attorneys for this.”

    About 180 local jurisdictions have joined the lawsuit. Maroney says this is the start of a long road.

    Opioids include heroin, fentanyl and oxycodone.

    Maroney said there will be an initial hearing after the first of the year in Cleveland, Ohio, and then the case will begin to take shape.

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Midwest (IL, IN, MI, OH)

12. Champaign County Board to vote on hiring law firms over opioid crisis

    Dec 19, 2017 | The News-Gazette (IL)

    By Tom Kacich

    Champaign County may join a growing number of counties that are targeting pharmaceutical companies for their alleged role in the nationwide opioid abuse problem.

    Tonight, the county board will consider hiring three law firms to pursue claims against drugmakers for the county's costs in addressing problems associated with the drug-addiction crisis.

    Piatt, Kankakee and Kane counties already have decided to partner with law firms in litigation against opioid manufacturers.

    Under a proposed agreement with the county, the law firms Meyers & Flowers LLC of Chicago; Simmons Hanly Conroy LLC of Alton; and Koester & Bradley LLP of Champaign would be hired "to investigate the viability of and to prosecute all claims against the manufacturers of prescription opiates ... that contributed to the damages incurred by the county arising out of aggressive marketing and distribution both in and to the county."

    The county would incur no cost, according to the agreement. If there is a settlement or trial verdict in favor of the county, it would pay the law firms 25 percent of the gross amount recovered.

    County board Chairman C. Pius Weibel and State's Attorney Julia Rietz recommended hiring the firms.

    "I've had several law firms or people working for law firms approach me on this," Weibel said, "and I pretty much passed it onto Julia. Her office decided who to go with, and also whether or not it was worthwhile to do it too.

    "From my viewpoint, I thought it was worth investigating and I asked whether we should do it and who should we go with. She obviously answered both of those questions."

    Rietz said she had talked with a number of firms and with other state's attorneys "and based on those conversations, we decided to go with" the three firms.

    Neither Weibel nor Rietz could say how much the opioid crisis has cost the county, nor how much it could gain in a successful lawsuit.

    The resolution before the board asserts that the "opioid manufacturers and their affiliates have had a significant role in the creation of the opioid epidemic and have faced civil and criminal liability for their actions relating directly to the rise of the opioid epidemic" and that as a result of the problem, "the county has expended funds and resources through its programs and services."

    Rietz said most counties "are at the very beginning" of the legal process in pursuing claims against drug manufacturers. She said Champaign County alone could not undertake an investigation.

    "This is a mass tort litigation. This is happening not just in Illinois but across the country," she said. "Likely, it's going to be a very long process that may result in some sort of a groups resolution" like the tobacco master settlement of 1998 between state governments and four major tobacco companies, she said.

    "That's why there are a number of different groups that are forming and are using large, experienced law firms that are willing to front the expenses of doing all the data analysis," she said.

    Rietz said she could have decided herself which law firm to contract with "but I think it's appropriate to bring it before the county board and advise them that we're doing this since there has been so much discussion of it.

    "But again, I think it will be a long process that won't cost us any more than cooperating with them and gathering data. I think it's worth it to get in at this point."

    She said the goal is not only a financial resolution "but also some sort of injunctive relief to get the drug manufacturers and distributors to revise their processes and hopefully end this issue."

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13. City of Fort Wayne suing opioids distributors

    Dec 18, 2017 | News-Sentinel (IN)

    By Lisa Esquivel Long

    Mayor Tom Henry on Monday announced that the city of Fort Wayne will file a public nuisance lawsuit against three opioids distributors, which will bring money into the community to help with treatment for the highly addictive painkillers. Meanwhile, a group representing the distributors said they understand the opioid epidemic’s effect on communities, but “we aren’t willing to be scapegoats.”

    The city has hired Taft Stettinius & Hollister based in Indianapolis as lead counsel, which has handled high-profile cases both for and against large corporations. The city has paid no money up front, and the law firm works on a contingency model, Henry said.

    Chou-il Lee, of the law firm, said the contingency fee is 30 percent of whatever settlement the city would get.

    The lawsuit would be filed in federal court in Fort Wayne, then likely be consolidated into Ohio’s northern district, said John Perlich, a mayoral spokesman.

    The lawsuit is against the country’s three largest wholesale drug distributors – AmerisourceBergen, Cardinal Health and McKesson Corp. The three companies, with combined annual revenues of $400 billion and profits in the billions of dollars, control more than 80 percent of the market for prescription opioids, according to Henry.

    McKesson alone does about $100 million a day in business, according to Henry.

    “As far as I’m concerned, their primary motivation is not health care, it’s profit.”

    As such, he intends to ask for as much money as possible in the lawsuit.

    Healthcare Distribution Alliance represents wholesale distributors, including McKesson, Cardinal, and AmeriSource Bergen. In response to a request for comment, alliance spokesman John Parker said in a statement, “As distributors, we understand the tragic impact the opioid epidemic has on communities across the country. We are deeply engaged in the issue and are taking our own steps to be part of the solution – 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. 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.”

    Henry said the city is holding the distributors accountable for not adhering to the protocol for distribution of opioids that has flooded the city with thousands of pills that are not needed.

    “It’s our duty to serve and protect our public,” Henry said.

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

    AmerisourceBergen said in a statement that it’s willing to work with Fort Wayne leaders. Its statement said in part, “We are dedicated to doing our part as a distributor to mitigate the diversion of these drugs without interfering with clinical decisions made by doctors, who interact directly with patients and decide what treatments are most appropriate for their care. Beyond our reporting and immediate halting of tens of thousands of potentially suspicious orders, we refuse service to customers we deem as a diversion risk and provide daily reports to the DEA that detail the quantity, type, and the receiving pharmacy of every single order of these products that we distribute.

    “We are committed to collaborating with all stakeholders, including in Fort Wayne, Indiana, on ways to combat opioid abuse.”

    Fort Wayne Police Deputy Chief James Feasel, who oversees the narcotics division, said after the announcement that all four quadrants of the city deal with vehicle break-in thefts, a lot of them tied to opioid addicts stealing for feed their habit.

    “A lot of our crime has to do with these people being addicted.”

    Treatment must go hand-in-hand with enforcement because officers are seeing a lot of repeat offenders, he said.

    Those who can afford treatment are begging for help to overcome the grueling withdrawal, said Megan Fisher, director of addiction recovery services at the Bowen Center, after the announcement.

    “They’re suffering so much,” Fisher said. “Heroin and opioids have one of the worst withdrawal procedures.”

    The community’s addicts come from all walks of life, with the average one being a 39-year-old white male, the same type of person who likely is the average Allen County worker, Fisher said.

    Money from a lawsuit settlement could go to fill the community’s treatment needs, she said: creating residential and jail treatment programs and treating those who go to hospital emergency rooms with overdoses and then are released to go back to home with their addictions.

    Fentanyl, an opioid, was originally designed to treat surgical pain and pain from cancer, but it’s showing up more and more in the hands of addicts.

    Fort Wayne Police has seized 1,000 times more fentanyl than last year, said chief Steve Reed, another proponent of treatment as well as education.

    Narcotics-related arrests are up 87 percent, and total drug raids are up 53 percent.

    Fort Wayne firefighters, who respond to health-related calls, carry Narcan, a drug that can reverse the effects of an opioid overdose.

    According to police opioid statistics, Jan. 1-Dec. 1 the city has had:

    *94 overdose deaths, with 50 suspected cases pending

    *1,130 calls on overdoses, with 98 in November alone

    *512 doses of Narcan distributed

    *A low-end estimate of $90,000 spent on employee hours alone

    Dr. Deborah McMahan has said this is the worst health crisis in her 17 years as Allen County health commissioner. Opioids do not cause the number of deaths that other health crises, such as Ebola, have, she said. It’s requiring leaders to “think outside the box” with how the community is going to tackle the problem.

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14. City files lawsuit against top distributors of opioids

    Dec 19, 2017 | The Journal Gazette (IN)

    By Rosa Salter Rodriguez

    The city of Fort Wayne has become the second local government entity within days to announce it is fighting the opioid epidemic with a lawsuit.

    During a news conference Monday, Mayor Tom Henry said the city would seek an undetermined amount of compensation from distributors of the powerful prescription painkillers. The drugs have led to hundreds of city residents' deaths and overdoses in recent years.

    The suit is being filed against Amerisource Bergen, Cardinal Health and McKesson Corp. The three have combined annual revenues of $400 billion and together control more than 80 percent of the opioid market, according to Chou-il Lee, an attorney with Taft Stettinus & Hollister, the Indianapolis law firm retained by the city.

    The companies are the three largest wholesale distributors of the drugs, not pharmaceutical manufacturers, Henry said. That makes the city's suit unlike one announced Friday by the Allen County commissioners.

    The county's suit claims pharmaceutical companies misrepresented the nature of opioid drugs they were recommending that doctors dispense for other than severe pain problems, according to William Fishering, county attorney. That suit is being filed by Crueger Dickinson LLC of Whitefish Bay, Wisconsin.

    The city's action takes the form of a public nuisance lawsuit, according to Henry. Such suits allege the action of an individual or company has adversely affected the health, safety, welfare or comfort of the public.

    In Fort Wayne, the harm affects not only the health of individuals and families, Henry said, but also the finances of the public health and judicial systems and public safety departments.

    That includes police and firefighters, who have been responding to increasing numbers of overdoses and deaths, he said.

    During the news conference, Fort Wayne Police Chief Steve Reed said city police have dealt with 94 overdose deaths, with 50 more pending, since the beginning of the year. Police have responded to 1,130 overdose calls this year.

    Counting only man-hours on overdose calls, the city has spent more than $90,000 this year, he said.

    Drug arrests are up 97 percent and drug raids are up 53 percent, from 67 last year to 103 this year, he added in an interview after the news conference. Police also have seized 1,000 times more fentanyl, an especially potent opioid, this year than last, Reed said.

    Also after the news conference, Lee said his law firm is one of several soliciting municipalities for opioid suits based in part on distributors not complying with reporting requirements.

    He said the firm was still determining city expenses from department heads, so he could not predict how much the city would seek or receive.

    The law firm retains 30 percent of whatever damages are ordered, Lee said.

    “Fort Wayne has had a more active plan than some other areas in trying to meet the trend, and I'm sure the (expense) numbers will be high,” he said.

    Henry after the news conference that he estimated the total cost to the city might exceed $10 million.

    The suit is one of several that will be filed in the U.S. District Court for the Northern District of Indiana and will likely be amalgamated with other cases in the Northern District of Ohio, Lee said.

    Other cities that have agreed to file with Lee's firm include Noblesville, Westfield, Greenwood, Jefferson, New Albany, Muncie and Terre Haute, Lee said. Towns include Danville, Sheridan and Chandler, he said, and Harrison County also is a client.

    Henry said he was not troubled that county officials went their own way in deciding to file suit. He said he encourages other municipalities to join Fort Wayne by filing their own suits.

    But the mayor said other communities could not simply join with the city in this action because it is not a class-action lawsuit. The city did not want to file that kind of suit because of the difficulty in dividing benefits, he said.

    Allen County Health Commissioner Dr. Deborah McMahan said the Fort Wayne area needs money now to build a new system that would more effectively handle addicted people. She said the opioid crisis was “the worst public health crisis” she had faced in her tenure as commissioner.

    “We applaud the mayor in joining this lawsuit,” she said.  

    Henry said that in addition to helping defray expenses, he would like “almost all” proceeds go to increased treatment options for those addicted to the drugs.

    Too many individuals' and families' lives have been torn apart, by companies making and distributing the drugs, he said. “We have to step forward and let them know they must be accountable,” Henry said.

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15. Fort Wayne Joins Statewide Opioid Legal Effort

    Dec 19, 2017 | WBOI (IN)

    By Zach Bernard

    Fort Wayne announced Monday it will be joining a mounting legal effort in Indiana against pharmaceutical companies and distributors.

    As of November 29, there have already been 26 more opioid-related deaths in Fort Wayne compared to last year, with more than 50 awaiting toxicology reports. The city’s 1,130 non-fatal poisonings this year exceeds 2016’s total of 804.

    Fort Wayne’s legal effort will focus on the three largest opioid manufacturers in the country: Amerisource Bergen, Cardinal Health and McKesson Corporation, who account for 80 percent of the market for prescription opioids.

    Mayor Tom Henry says the three companies take in a combined $400 billion in annual revenue, and is confident they could foot the bill if the lawsuit is successful.

    “As far as I’m concerned, their primary motivation is not healthcare; it’s profit,” said Henry. “And they should be in a position to give us as much money as they possibly can for the treatment of these individuals they put in harm’s way.”

    The city will use the services of Indianapolis-based law firm Taft Stettinius & Hollister for its legal representation. If successful, the firm will take 30 percent of the return for its work.

    Allen County’s Board of Commissioners also voted unanimously to join the effortlast Friday.

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16. County considering joining opioid lawsuit

    Dec 18, 2017 | The Star Press (IN)

    By Keith Roysdon

    Delaware County, ravaged by opioid abuse and drug overdoses in recent years, might join a lawsuit against drug makers and distributors.

    The county commissioners on Monday heard a presentation from attorneys from Cohen and Malad, an Indianapolis firm that already represents the city of Indianapolis and other municipalities, including New Castle, in suing several pharmaceutical makers and distributors.

    During Monday's meeting, attorney Vess Miller told the commissioners that in 2012, 146 opioid prescriptions were written for every 100 people in Delaware County. 

    The lawsuit from dozens of cities, states and counties, targeting companies like Purdue Pharma, allege there was no effort on the part of pharmaceutical companies to stop "suspicious" prescriptions and stem the tide. The companies that have been sued have denied using deceptive marketing campaigns to fuel the public health crisis.

    As heroin use grew locally in recent years, so did the use of prescribed opioids. In October 2014, local, state and federal authorities raided the local pain clinic of physician William Hedrick, who had hundreds of patients. Hedrick is awaiting trial in 2018.

    "I don't have to tell you about the havok opioids are wreaking on communities," Miller said.

    For the past year or two, local public safety officials have talked about the impact on police departments, courts and medical providers of the opioid crisis.

    Miller said powerful opioids were once used only for painkillers after surgery or at the end of life. As they became more common, addictions greatly increased.

    "These are heroin pills," the attorney said. "If you give someone 10 heroin pills, they are a heroin addict."

    Miller said Cohen and Malad would absorb its own expenses if it loses the lawsuit.

    "It's cost us a lot of money and a lot of lives," Commissioner Shannon Henry said about opioid abuse. 

    Jason Rogers, director of Delaware County EMS, said the ambulance service has spent $22,000 so far this year on Narcan, the drug used to revive people who have overdosed.

    The commissioners asked the law firm to prepare a contract to give to County Attorney John Brooke for review. Indianapolis joined the lawsuit in November, while New Castle joined more recently.

    Miller said the city of Muncie had talked to a firm from Florida about representing it in an opioid lawsuit but is not part of the Cohen and Malad lawsuit.

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17. Escanaba joins opioid lawsuit

    Dec 18, 2017 | Daily Press (MI)

    By Jenny Lancour

    The Escanaba City Council has decided to join a nation-wide mass lawsuit against manufacturers of opioids in an effort to curb marketing of these products, which are contributing to the local drug epidemic.

    Escanaba’s decision to join more than 100 municipalities across the country in the legal suit was made during a special meeting Friday morning, pending the city attorney’s review of the lawsuit agreement, which took place later Friday followed by council’s signing of the engagement letter.

    Prior to voting on the matter Friday, council discussed the lawsuit against opioid manufacturers, which was initially brought before the board by City Attorney Ralph “B.K.” Peterson during council’s regular meeting on Dec. 7 when council requested more information about the legal action.

    Opioids are a class of drugs, which include the illegal drug heroin, synthetic opioids such as fentanyl, and pain relievers available legally by prescription such as oxycodone, hydrocodone, codeine and morphine, according to the National Institute on Drug Abuse.

    These drugs, along with others, are prevalent in Delta County and contribute directly and indirectly to 80 percent of the criminal behavior taking place in Escanaba, according to Public Safety Director Rob LaMarche, who is in favor of the fight against drugs.

    “Any proactive steps to curb the opioid epidemic, I support,” LaMarche commented following Friday’s meeting.

    Prior to council’s decision on Friday, Timothy Smith of Smith & Johnson Attorneys of Traverse City, updated council on the lawsuit, explaining the first municipality to jump on board was Suffolk County, N.J., followed by more than 100 municipalities to date, including Delta County.

    Smith explained the attorneys involved in the case are paying the legal costs up front. Any monetary awards resulting from the lawsuit will be used to reimburse these costs with 30 percent of the remaining award monies going to the lawyers and the remaining 70 percent going to the participating municipalities.

    “I don’t see a (financial) risk to the municipal clients we have,” said Smith. “We (the attorneys) only get paid if we’re successful in our case.”

    For judicial economy of the lawsuits, all the individual legal complaints will be placed under the jurisdiction of one federal judge and one federal court in the Northern District of Ohio, Smith explained, noting later the litigation could last two to five years.

    Smith told council members he has been looking at suing “pill mills” for many years and was waiting for Michigan Attorney General Bill Schuette to engage in a lawsuit. In September, Schuette said he would not pursue a lawsuit, but he will join 40 other attorney generals in investigating activities of opioid manufacturers, said Smith.

    The attorney said federal fining of opioid manufacturers has not been working because companies apologize and pay the multi-million-dollar fines and are back in business. Distribution centers must be held accountable to strict rules of manufacturing and operation, he said.

    Mayor Pro Tem Ron Beauchamp, who thinks the lawsuit is going after the wrong party, questioned Smith on why the legal action is not targeting doctors who are prescribing the pills, pharmacies which are selling the prescriptions, and insurance companies which are paying for the pills.

    Beauchamp added the Federal Drug Administration (FDA) should be doing a better job of enforcing the rules for drug companies.

    Council member Michael Sattem agreed the lawsuit is going after the wrong people.

    The attorney said the FDA is doing its job by approving uses for opioids. Regarding the other parties, Smith said that pill manufacturers’ sales teams are selling the pills to health care providers while giving them “bad information” on the drugs which the sellers know are dangerously addictive.

    The drug companies know opioids are addictive, but their sales people are lying that these prescriptions are not addictive, said Smith, adding these sales tactics represent criminal behavior.

    “This litigation is about criminal behavior they’ve already plead (guilty) to,” said Smith, noting the marketing fraud is similar to the lawsuits which targeted tobacco manufacturers who knew cigarettes caused cancer.

    Council member Ralph Blasier agreed the lawsuit against the drug manufactures is the right path for the city to follow because it is taking action to fight the local drug problem.

    Smith said the lawsuit is a risk but he may be able to slow down drugs and he may be able to get funding for the city to pay for the costs which drugs are creating in the community.

    Council member Peggy Schumann described the lawsuit as “a great step,” adding she hopes the legal action is going after the right party — the drug manufacturers which are being unethical by giving doctors condensed information on the opioids.

    Schumann made the motion for council to join the mass lawsuit. Blasier seconded the motion. During further discussion, Beauchamp asked for a review of the legal agreement, which council would be signing to join the lawsuit. Council’s 4-1 vote agreeing to engage in the legal action was passed pending the city attorney’s review of the agreement which took place later Friday.

    Beauchamp voted against the motion. Schumann, Blasier, Sattem and Mayor Marc Tall voted in favor of the motion.

    During Smith’s presentation Friday, Beauchamp and Sattem expressed concerns that Blasier should be excluded from discussing and voting on the issue because it is a conflict of interest for him because he is a doctor who prescribes painkillers to patients.

    Blasier was entitled to participate in the agenda item following a vote by council that failed 3-2 to pass Beauchamp’s motion to exclude Blasier.

    During council’s Dec. 7 discussion on the lawsuit, Peterson explained the attorneys involved in the legal action are paying up front for court costs but added that if no money is awarded from the lawsuit, the communities participating in the lawsuit might have to pay the court costs.

    At that time, Peterson had recommended council join the lawsuit before a Dec. 19 deadline on this initial effort, adding there would likely be another opportunity for the city to sign onto another lawsuit later.

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18. Nine metro Detroit cities, counties suing drugmakers for opioid epidemic

    Dec 19, 2017 | WXYZ Detroit (MI)

    By Staff

    Nine cities and counties in Michigan are filing a federal lawsuit demanding pharmaceutical manufacturers and distributors be held responsible for the opioid crisis in Michigan.

    The lawsuits say manufacturers and distributors have played a role in the record levels of opioid drug usage.

    Pharmaceutical companies have been accused of alleged racketeering, aggressive over-promotion, fraudulent claims regarding the safety of prescription opioids and reckless production and distribution. 

    The lawsuits are against these following companies:

    - Purdue Pharma

    - Teva Pharmaceuticals

    - Endo Pharmaceuticals

    - Janssen Pharmaceuticals

    - Mallinckrodt Pharmaceuticals

    - Watson Pharmaceuticals

    - Actavis Pharma

    - Cardinal Health 

    - McKesson Corporation

    - Masters Pharmaceutical

    - CVS Health Corporation

    - Walgreen Boots Alliance, Inc.

    - Rite Aid Corporation

    - Costco Wholesale Corporation

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19. Lansing sues drug companies over opioid epidemic

    Dec 19, 2017 | Lansing State Journal (MI)

    By Matt Mencarini

    The city of Lansing is suing 21 drug companies, distributors and retailers it says helped fuel the nationwide opioid epidemic, which, in turn, put an economic strain on the city as it was forced to address the problem.

    The city's lawsuit, filed this morning in federal court in Grand Rapids, is one of a growing number filed by municipalities nationwide against pharmaceutical companies. 

    Michigan municipalities also filing lawsuits this morning include Detroit, Macomb County, Genesee, Saginaw County, Grand Traverse County, Delta County, Chippewa County and Escanaba, according to a news release.

    "Lansing has been hampered by the tidal wave of opioids addiction that has swept through the nation forcing it to expend city resources combating the opioid epidemic and its cascading effects," the city's attorneys wrote in the lawsuit.

    "As a direct result of Defendants’ corporate malfeasance, the City’s medical professionals and first responders must now prioritize combating drug overdoses, including opioid overdoses. The City’s law enforcement officers are engaged in a pitched battle against the heroin trade, and against criminal enterprises illegally trading in prescription opioids."

    The lawsuit alleges that the drug manufacturers "aggressively over-promoted highly addictive, dangerous opioid products" and funded a campaign to convince doctors and the general public that opioids could safely be used as a daily treatment for chronic pain.

    "These diverse manifestations of the opioid epidemic are all rooted in a common
    cause: corporate malfeasance," attorneys wrote in the lawsuit.

    "As patients throughout the country became addicted to opioids, manufacturers, distributors and retailers of opioids similarly became addicted to the immense profits associated with the widespread consumption of opioids. Motivated by their own bottom lines, these corporate actors looked the other way — or worse — as the epidemic unfolded."

    Purdue Pharma, Teva Pharmaceuticals Industries, Watson Laboratories, Inc., Cardinal Health, Inc. and Omnicare Distribution Center LLC are among the 21 named defendants. 

    Lansing Mayor Virg Bernero, Police Chief Mike Yankowski, Fire Chief Randy Talifarro and the city's attorneys will hold a news conference this afternoon to discuss the lawsuit.

    Ingham County and East Lansing are considering lawsuits of their own.

    The county is seeking proposals from law firms and set a Jan. 4 deadline. East Lansing plans to hire the same attorneys who are representing Lansing. 

    Check back for updates.

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20. Opioid epidemic: Michigan communities file lawsuit against drug companies

    Dec 19, 2017 | Click on Detroit (MI)

    By Nick Monacelli and Dave Bartkowiak, Jr.

    Michigan communities are joining together to tackle the nation's opioid epidemic.

    In their sights are the companies behind pain pills. History has shown abuse of pain pills has led to abuse of drugs such as heroin. 

    A federal lawsuit demands pharmaceutical manufacturers be held responsible for such abuse and addiction. The lawsuit alleges racketeering, aggressive over-promotion, fraudulent claims and reckless production. 

    About 175 Americans die every day from opioid use. About 75 percent of opioid abusers began their addiction through prescription opioids since the 2000s. Those statistics are according to Macomb County officials. The county is part of nine other Michigan municipalities -- including Detroit and Lansing -- backing this lawsuit. 

    "In addition to the tragic loss of life, counties and cities across Michigan have sustained significant costs for providing additional medical care, rehabilitation and treatment for those suffering addiction, dependence, overdose and death; increased law enforcement and public safety personnel; and treatment, care or foster placement for minors suffering from parental addictions," a statement from the group reads. 

    Wayne and Oakland counties filed a similar lawsuit going after pharmaceutical companies for marketing practices. 

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21. Macomb County, Detroit to sue drug makers, distributors over opioids epidemic

    Dec 19, 2017 | Macomb Daily (MI)

    By Staff

    A federal lawsuit is expected to be filed Tuesday on behalf of Macomb County and eight other Michigan cities and counties that demands pharmaceutical manufacturers, distributors and pharmacies be held liable for local costs of the opioids epidemic.

    Municipalities in urban, suburban and rural areas in Michigan are requesting the federal court compel the defendants to remedy the exorbitant costs to taxpayers for the increased burdens to their citizens and communities, officials from the Sam Bernstein Law Firm, which will represent the plaintiffs with other firms.

    In addition to Macomb County, plaintiffs will include the city of Detroit, Lansing and Escanaba, and the counties of Genesee, Saginaw, Grand Traverse, Delta and Chippewa, according to spokeswoman Kristen Sokul. She said other governmental entities likely will be added.

    A news conference about the lawsuit is scheduled for Tuesday morning at the Macomb County Medical Examiner’s Office in Mount Clemens. Participants will include County Executive Mark Hackel, Detroit Mayor Michael Duggan and attorney Mark Bernstein, among others.

    Similar lawsuits have been filed or are planning to be filed on behalf of other governmental entities.

    Warren Mayor James Fouts said earlier this month his city is planning to sue several major pharmaceutical companies for distributing “grossly excessive” opioid prescriptions and flooding millions of the addictive pills in the marketplace that often end up being illegally resold on the street. The lawsuit likely would involve a class-action lawsuit against nine potential defendants.

    Oakland and Wayne counties in October filed a joint lawsuit against 12 pharmaceutical companies over the Big Tobacco-style marketing of prescription drugs. The Miller Law Firm based in Rochester and Robbins, Geller, Rudman and Dowd LLP., based in Boca Raton, Fla., are representing Oakland and Wayne.

    The lawsuit involving Macomb County will allege racketeering, excessive promotion, fraudulent claims regarding the safety of prescription opioids and reckless production and distribution of the highly addictive, dangerous substance for the sake of billions of dollars of profits, officials said.

    Addiction experts say that addiction to opioids used as prescription painkillers often leads to heroin abuse.

    In addition to the loss of life, counties and cities across Michigan have sustained significant costs for providing additional medical care, rehabilitation and treatment for those suffering addiction, dependence, overdose and death; increased law enforcement and public safety personnel; and treatment, care or foster placement for minors suffering from parental addiction.

    In the United States, 175 people die each day from opioids, and since the 2000s, 75-percent of opioid abusers began their addiction through prescription opioids, officials said.

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22. County commissioners join opioid distributor civil action

    Dec 18, 2017 | Coshocton Tribune (OH)

    By Leonard Hayhurst

    In an attempt to battle the continuing opioid epidemic Coshocton County Commissioners have filed a lawsuit similar to other municipalities against several major pharmaceutical companies. 

    Commissioners approved a resolution on Nov. 13 to pursue the suit, which was filed Monday in Southern Ohio District Court. AmericansourceBergen Drug Corporation, Cardinal Health and McKesson Corporation were named as distribution defendants. 

    Purdue Pharma, Teva Pharmaceuticals, Cephalon, Johnson & Johnson, Janssen Pharmaceuticals, Noramco, Endo Health Pharmaceuticals, Allergan, Watson Pharmaceuticals and Mallinckrodt were named as manufacturer defendants. 

    The county is represented by Greene, Ketchum, Farrell, Bailey & Tweel LLP, a firm which is representing other counties in similar suits.

    According to the suit, the wholesale distributors sold more than 14 million opioids in Coshocton County from 2010 to 2015, which would equal out to more than 380 pills for each individual living in the county during the time period. 

    The stated purpose of the civil action is to eliminate the hazard to public health and safety caused by the opioid epidemic, abate the public nuisance caused by it and recoup money spent based on false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids. The defendants are also said to have been involved in racketeering and violations of the Corrupt Practices Act.

    The suit states that “the widespread abuse of opioids has resulted in a national epidemic of opioid overdose deaths and addictions.” It also alleges that the addictive nature of such drugs were falsely represented to doctors who then prescribed them to their patients based on incorrect information motivated by corporate greed.

    The wholesale distributors named, referred to as the “Big 3” in the suit, are said to control 85 percent of the market share. They operate distribution centers in Washington Court House, Lockbourne, Zanesville and Groveport. 

    Commissioner Gary Fischer said they did not pursue the suit for any financial gain, which is undetermined and could be several years away. They wanted to try to curb the over prescribing that has had a ripple effect. Fischer said the opioid epidemic has had negative impact on the local county jail, court system and division of job and family services among other agencies. 

    Commissioner D. Curtis Lee said if the county would see any money from a settlement, they could use it for services and programs relating to the opioid epidemic. That could even go toward a new justice center commissioners have been actively pursuing if it’s shown drug related crimes has upped the number of inmates. 

    Other examples include more money to the court system for prosecuting such cases, drug treatment programs at the local jail and more funding into foster care. The Public Children Services Association of Ohio relates an 11 percent increase in children in state care over the past six years to the opioid epidemic.

    “They’re attacking the root of the problem, not catch the end result. They’re going to the cause of the problem,” Fischer said of the suit’s purpose. “It’s not targeting doctors or patients, it’s targeting the distributors.”
    

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23. Summit County to sue drug companies over opioid crisis

    Dec 19, 2017 | Akron Beacon Journal (OH)

    By Staff

    Summit County plans to join a growing list of governments suing the pharmaceutical companies for the opioid crisis.

    The county announced Monday that a press conference will be held at 9:30 a.m. Thursday about a civil lawsuit against opioid manufacturers and distributors. The press conference will be in Summit County Council Chambers in the Ohio Building, 175 S. Main St. in Akron.

    Several other governments, including Cuyahoga County and the state of Ohio, have taken legal action against drug companies, accusing them of overprescribing opiates, with many people becoming addicted to them and then moving on to heroin.

    Ohio has seen a surge in opiate overdose deaths in the past few years.

    Greta Johnson of the Summit County executive’s office, said the local lawsuit will be filed in Summit County Common Pleas Court. She said numerous other local governments will be involved in the suit and will have representatives at the press conference.

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24. Opioid lawsuit a good move (EDITORIAL)

    Dec 19, 2017 | Star Beacon (OH)

    By Staff

    Earlier this month, Ashtabula County made the smart and important decision to take legal action against 23 pharmaceutical companies and individual physicians whom they say “directly contributed” to the county’s ongoing drug crisis. Saying the case is about “corporate greed” the suit seeks unspecified damages to recoup costs in combating and treating opioid abuse.

    The suit focuses on claims of deception, negligence, fraud and unjust enrichment, arguing opioid makers and distributors intentionally misled the public on the dangers of long-term opioid use and dependency and pushed to normalize opioid painkiller prescription for profits — a practice Ashtabula County Prosecutor Nick Iarocci said continues to this day.

    These problems are no secret. Opioids have long been prescribed too liberally and as the quick, easy solution to long-term or chronic pain. In 2012, health care providers nationwide wrote 259 million prescriptions for opioid painkillers and though Americans represent less than 5 percent of the world’s population, they consume about 80 percent of opioids supplied worldwide, Iarocci said. The lawsuit isn’t going to solve the problem — but it can be part of turning the tide and is a bold step forward. 

    The county is doing the right thing here, not only for practical purposes but also in the larger, historical context of being on the right side of this issue. There is blame to be shared for the opioid epidemic ravaging our communities, and it is not passing the buck to say the addicts bear responsibility but so do the pill pushers. There are benefits to going down this route, even if there is no payout — especially as states continue to watch doctors’ prescription habits in an effort to curb those who get accidentally addicted when prescribed pain medication. At the very worst, it continues the public education on this issue.

    Ashtabula County is not alone on this issue either. On Oct. 27, the firm helping to represent Ashtabula County filed a similar suit on behalf of Cuyahoga County, naming some of the defendants listed in Ashtabula County’s suit as a “criminal enterprise.” On May 31, Ohio Attorney General Mike DeWine filed a similar suit against five manufacturers on behalf of the state. Those cases are still in the early stages, and it’s too soon to predict what damages could be awarded.

    One note, however, should the county successfully receive any money — whether in a settlement or if this case goes all the way through the courts — we hope it would be truly used in the opioid fight. Specifically, for rehab and treatment options, which the county still severely lacks. One only needs to look at the way states across the nation used and abused the money received in the tobacco settlements to see how easily it is for something that starts in principal to become a cash grab. We certainly don’t think that is what the county has in mind, but we hope that, at some stage in the process, a specific outline and guideline of how any such money would be spent is publicly put together. 

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Southwest (TX)

25. County of El Paso to join lawsuit against opioid manufacturers

    Dec 18, 2017 | KVIA ABC 7 (TX)

    By Mauricio Casillas

    El Paso County Commissioners unanimously voted to join a lawsuit against several pharmaceutical companies for their alleged role in contributing to the opioid crisis.

    The County of El Paso had been debating for months whether to join an on-going lawsuit. County Judge, Ruben Vogt, told ABC-7 they received four presentations from different law firms across the state. The county ultimately decided to go with the Gallagher Law Firm, which is based out of Houston.

    Vogt says this lawsuit will not cost the tax payer anything.  "Given the fact that there's no expense to the tax payers, this was somewhat of a no-brainer for us to ensure that we were doing our due diligence to see if El Paso county was being affected by the crisis that's occurring nationally," Vogt told ABC-7. 

    The County has agreed to offer the Gallagher Law Firm 30-percent of any award that is given out as a result of the lawsuit, and the county will keep the other 70-percent. If there is no award, the county is not required to pay the law firm.

    The Gallagher Law Firm first made a presentation to the county in October. In its presentation the firm said it would go after six pharmaceutical companies. Those six companies included Johnson & Johnson.

    The firm will be sending researchers down to El Paso County at the start of 2018 and try to quantify the effects of the opioid crisis here locally.

    "Every community will be impacted differently, we just don't know to what severity El Paso county has been hit." Vogt said.

    Harris County and Bexar County have also joined the Gallagher Law firm's suit. 
    

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26. County to choose counsel for opioid-crisis lawsuit

    Dec 18, 2017 | Times Record News (TX)

    By Claire Kowalick

    Wichita County is choosing a law firm Friday for representation in a suit against Perdue Pharma L.P., et al, in regards to the opioid epidemic.

    During a session Monday afternoon, commissioners delayed action concerning the lawsuit until Friday.

    Commissioner Mark Beauchamp said the county is deciding which law firm to represent them if they choose to move forward with litigation against prescription drug companies that produce opioids. He said Wichita County is the 12th highest in the state for opioid prescriptions written. Averaged out, there is more than one opioid prescription for every resident in the county. 

    A growing number of counties in Texas, and across the country, are filing suit against prescription drug companies that produce opioids. Opioids are drugs most often prescribed for pain relief. In 2016, there was an estimated two million Americans with a substance-abuse problem related to prescription pain relievers.The drugs are a $13 billion-a-year industry. Due to their addictive nature, there is a high risk of misuse and overdose leading to a massive healthcare crisis in many counties.

    Many statistics make Texas stand out in this crisis. Texas is number two in the country for health-care costs related to opioid abuse. A large increase in pregnant women deaths has been linked to opioid abuse and the state has seen a 500 percent increase in babies born addicted to opioids. With the state having one of the highest rates of people without health insurance, much of the burden of the cost of medical care is shouldered by the cities, counties and state.

    Per similar suits filed this year, there are six main entities who allegedly benefit from this health epidemic: Purdue Pharma Entities; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Johnson & Johnson; Janssen Pharmaceuticals Entities; and Endo Pharmaceuticals Entities.

    Areas of alleged misconduct include:

    - Claims that these groups “created” the epidemic through messaging campaigns. The companies are said to have had an active role in designing misleading statements to promote their drug. The drug companies are said to have provided third-party documents that that provide credibility to the drugs but did not disclose potential “risks for addiction, abuse, misuse, and overdose, or affirmatively denied or minimized those risks.”

    - The companies are said to have cultivated a select group of “pro-opioid” doctors who were willing to lend their names to books, articles and serve on committees advocating for opioid use. In return, these doctors are said to have received “prestige, recognition, research funding and avenues to publish.”

    - Instead of putting the opioid drugs through safety and efficacy checks, the suit claims these companies made it appear to doctors, insurers and patients that these tests had already been completed. It claims these companies created false or misleading medical literature marketing the benefits of long-term opioid use and minimizing the risks.

    - Some suits claim “front groups” are used, such as the American Pain Foundation. The APF allegedly misrepresented itself as an independent organization, but was funded almost completely by opioid manufacturers.  Manufacturers then used studies and research from APF for educational literature distributed to health-care providers promoting the benefits and safety of opioid use. In 2012, the U.S. Senate Finance Committee began looking at a possible relationship between APF and opioid manufacturers. Days later, the APF was dissolved.

    - Other groups alleged in the suit to receive large amounts of money from opioid manufacturers or deemed “industry friendly” include the Federation of State Medical Boards, American Academy of Pain Medicine and the American Geriatrics Society.

    The first round of 64 lawsuits from seven states were filed in federal court in Ohio this year claiming opioid manufacturers overstated benefits and downplayed risks of the drugs. The lawsuits also claim distributors failed to properly monitor suspicious orders for prescription opioid drugs.

    Beauchamp said this lawsuit could involve dozens of counties in several states and may result in one of the most important judgments since the lawsuit against tobacco industries in 2000. It could be a long haul, though, as a decision on the case could be three to five years away. Beauchamp said the legal battle will not cost the county anything as the fees will be paid out of winnings, if any, from the case.

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27. County weighing counsel options pending opioid lawsuit

    Dec 18, 2017 | Newschannel 6 Now (TX)

    By Brenda Robeledo

    Wichita County officials have a decision to make. They will decide to join a growing list of counties that are suing pharmaceutical companies for opioid epidemics or fighting them alone.

    Barry Mahler, County Commissioner Precinct 3, said there are some benefits to filing as a single county. 

    For that reason, the commissioner's court is looking into several law firms to represent the county to see what is the best option.

    The issue is very big in Wichita County. Statistics show the county is high on the list in Texas for opioid prescriptions.     

    Commissioner Mahler said, at one time, on average 100 residents in the county had 188 prescriptions for opioid painkillers.

    "Part of the reason is to get the manufactures of these products to use more wisely," Commissioner Mahler said. "To instruct doctors to prescribe them more wisely and to use them for what they are used for."

    Commissioner Mahler said this has already been determined as an MDL which is a multiple district litigation.

    In other words, they are going to take a lot of individual suits and group them together in the federal courts, much like a class action lawsuit. 

    That being said, the county is looking into law firms that have experience in that.

    The commissioner's court will make that decision Friday morning. Newschannel 6 will be there to let you know they decide.

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28. Pharma companies respond to Harris County opioid suit: 'We aren't willing to be scapegoats'

    Dec 18, 2017 | Houston Chronicle

    By Keri Blakinger

    The pharmaceutical industry is pushing back to charges outlined in an expansive lawsuit filed last week by Harris County officials, who allege they are responsible for a growing opioid epidemic.

    "We aren't willing to be scapegoats," said John Parker of the Healthcare Distribution Alliance, a trade association that represents some of the 21 companies named in the suit.

    The comments came in response to a sweeping 39-page suit filed Wednesday in Harris County court, accusing drugmakers, distributors, doctors and one pharmacist of conspiracy, neglect and creating a public nuisance with the sales and marketing of highly addictive opioids pain killers.

    The county is just latest government entity to lay out legal claims against Big Pharma. Previously cities from Seattle to Newark and states from Washington to Ohio filed similar litigation. Since Harris County launched its lawsuit last week, another city - Columbus, Ohio - filed suit as well.

    "We believe these copycat lawsuits filed against us are misguided, and do nothing to stem the crisis," Cardinal Health, one of the distributors named in the Harris County case, said in a statement. "We will defend ourselves vigorously in court and at the same time continue to work, alongside regulators, manufacturers, prescribers, pharmacists and patients, to fight opioid abuse and addiction."

    The company also pointed out that it doesn't make the drugs or sell them directly to the public. As a drug distributor, Cardinal essentially serves as a middleman between pharmaceutical companies and drug-dispensing entities like pharmacies and hospitals.

    At last week's press conference, officials explained their interest in including distributors in the suit, alleging that they're the companies best poised to know which areas are most inundated with prescription painkillers.

    The number of opioid-related deaths in Harris County risen over the past five years. Last year 311 people died from opioids, a category that includes everything from the codeine in some cough syrups and super-potent fentanyl to heroin and prescription oxycodone. That number represented an 18 percent increase over the 2012 death toll.

    Teva, the drugmaker behind Actiq fentanyl lozenges, responded to a request for comment by noting that it's working to develop non-opioid painkillers.

    Meanwhile, Allergan - the company behind Norco and Kadian - pointed out that its branded opioid products account for less than 0.08 percent of all opioids prescribed 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," the company said.

    The company also sells generic versions of addictive drugs like oxycodone and hydromorphone, according to the lawsuit.

    One drugmaker - Endo Pharmaceuticals - responded by noting that it has already voluntarily withdrawn one of its most addictive opioids from the market. The move, earlier this year, came in response to a request from the FDA.

    The company has already axed opioid promotion efforts and eliminated the entire product salesforce, according to a representative.

    "It is Endo's policy not to comment on current litigation," the company said. "That said, we deny the allegations contained in these lawsuits and intend to vigorously defend the company."

    Before filing suit last week, local stakeholders had already begun taking action to confront drug abuse.

    The Harris County Sheriff's Office, Houston Police Department and Pasadena Police Department have all announced plans to equip law enforcement with the overdose-reversing drug Narcan.

    Last month, the sheriff's office launched a pilot program offering Vivitrol, a monthly shot designed to combat heroin use, to inmates leaving the county jail.

    "We're not talking about a minor epidemic," County Attorney Vince Ryan said at a Wednesday press conference. "This is really, really as bad as one can imagine."

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29. Bell County considers lawsuit against opioid manufacturers

    Dec 18, 2017 | Temple Daily Telegram (TX)

    By Jacob Sanchez

    Bell County may join a growing list of governmental entities suing the nation’s largest opioid manufacturers.

    The Commissioners Court met with Bell County Attorney Jim Nichols in a workshop meeting Monday afternoon to discuss if the county would want to take part in a lawsuit amid a national opioid-drug epidemic.

    Several weeks ago, Bell County Judge Jon Burrows was contacted by law firms to gauge whether the county had any interest in suing pharmaceutical companies producing opioids. Coryell, Travis, Harris, Dallas and Tarrant counties already filed suit, Burrows said.

    For every 100 people in Bell County, 53.4 opioid prescriptions were dispensed in 2016, according to data by the Centers for Disease Control and Prevention. In the same year, the state average was 57.6 prescriptions per 100 people. The national average prescribing rate in 2016 was 66.5 per 100 people.

    Many entities are suing opioid manufacturers for the way they have marketed the drug, Nichols said.

    Pharmaceutical companies push opioids — such as oxycodone — as way to deal with acute pain and provide relief of chronic pain, the county attorney said. Despite drug makers’ knowledge of the drugs, they allowed physicians to prescribe patients these highly-addictive drugs outside the controlled-setting of a hospital, Nichols added.

    “I think more and more counties in more and more states and more (attorneys general) are going to start falling in line with this lawsuit,” Nichols said. “The dam has already fallen through.”

    To take part in a lawsuit against opioid manufacturers, the commissioners will have to vote on a proposal during a regular meeting.

    If there is interest among the Commissioners Court, Burrows said, it might be beneficial for the county to follow neighboring Coryell and McLennan counties’ leads and take part in a lawsuit. Bell County would want to do this before the Texas attorney general gets involved on behalf of the entire state, the county judge added.

    Commissioner Tim Brown said he is not opposed to listening to any law firm’s proposal on why Bell County should file suit.

    If the county wants to move forward on a lawsuit, however, the Commissioners Court should solicit proposals from local law firms to find who is best suited to lead this effort on behalf of Bell County, Brown said.

    That may lead to unforeseen consequences, Commissioner Bill Schumann said.

    Schumann is worried that these opioid-related lawsuits could trickle down and impact physicians in Bell County.

    “When you look at the opioids, the problem begins with the physicians,” he said.

    Schumann is not sure if Bell County should be in lawsuit against physicians that could impact local health care systems, like Baylor Scott & White.

    Commissioner Russell Schneider said he had not heard of an outbreak of opioid-related problems in Bell County.

    The Commissioners Court will continue to explore the possibility of an opioid lawsuit, Burrows said.

    “My guess is whether we file suit or the AG does it, we’re going to be involved in it,” the county judge said.

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Commentary and FYIs

30. Trimming NFL Concussion Fees | 'Get Some Popcorn' for this Hip Implant Appeal | Second Time's the Charm in Pelvic Mesh Trial “NFL Concussion Fee Bid Out of Bounds”

    Dec 18, 2017 | Law.com

    By Amanda Bronstad

    Welcome to Critical Mass, Law.com’s new briefing on class actions and mass torts. I’m Amanda Bronstad in Los Angeles. This week, a class action expert puts limits on attorney fees in the NFL concussion case, and the 5th Circuit asks about reassigning the judge in the appeal of a $502 million hip implant verdict. The second New Jersey bellwether trial over alleged defects in surgical pelvic mesh has resulted in a $15 million plaintiffs’ verdict. And are you a lawyer involved in the growing litigation over opioids? Better have that holiday shopping done — there’s some deadlines coming up next week.

    Want to subscribe? This briefing—and others written by my Law.com colleagues—are now available. You can sign up for a complimentary trial here. In the meantime, please send your feedback to abronstad@alm.com or find me on Twitter: @abronstadlaw
    

    NFL Concussion Fee Bid Out of Bounds?
    

    Harvard Law School professor William Rubenstein has recommended a 15% cap on contingency fees for plaintiffs lawyers representing individual players in the $1 billion NFL concussion settlement. Here’s the full report and Law.com’s Max Mitchell with the story. Rubenstein also rejected the idea that an additional 5% to go to the common benefit fund for class counsel, who have already asked for $112.5 million in fees.
    

    Why it matters: Rubenstein isn’t just an expert on class actions. He’s the author of the frequently cited 11-volume treatise called “Newberg on Class Actions.”

    Back in September, I reached out to Rubenstein for a story on how judges frequently used academic studies to decide attorney fees, particularly in large class action settlements. “Judges do take the role seriously,” Rubenstein told me. “And they understand they’re a bulwark against excessive fees from the class members’ money.”
    

    What the report said: Rubenstein called the 5% set-aside “troubling in that it implies that class counsel sought to significantly enhance their own fees without significantly enhancing their own work, or most importantly, their clients’ recoveries.”

    Mass torts expert Elizabeth Burch, a professor at the University of Georgia School of Law, agreed with that conclusion. “There is a disconnect between class counsel receiving all of their attorneys’ fees up front and (at least some) class members waiting for decades for their payment. So, not permitting the 5% set aside on top of the $112.5 million strikes me as reasonable.”
    

    Popcorn, Anyone?

    Kirkland & Ellis partner Paul Clement had just begun listing a host of evidentiary errors that led to a $502 million hip implant verdict against his client, DePuy Orthopaedics, when he got this unexpected question from 5th Circuit Judge Jerry Smith:
    

    “You’re not making a request this would be retried to a different district judge. I assume you’re not suggesting that the errors are serious enough that we’d consider that alternative, which is rarely granted?”

    That opened a window, at least a crack, in favor of Johnson & Johnson, DePuy’s parent corporation. The New Jersey-based company has long criticized U.S. District Judge Ed Kinkeade for establishing jurisdiction over consolidated trials in 9,300 cases in multidistrict litigation in the Northern District of Texas. Those trials have lead to other verdicts of $1.04 billion and $247 million last month.

    Smith, if you recall, wrote a 5th Circuit opinion in October in a separate case finding Kinkeade had committed “grave error” in establishing jurisdiction in those trials.

    But in oral arguments this month, Smith said he wasn’t sure he could reassign the case if nobody asked him to. In a supplemental brief filed this week, Clement wrote that he could. “In short, the court has the power to reassign a case sua sponte and has done so in practice.”
    

    Check out the oral arguments between Clement and plaintiffs attorneys Ken Starr and Mark Lanier. The name of Saddam Hussein comes up a lot, and at one point a panelist remarked: “I feel like I’m going to have to get some popcorn.”

    Second Time’s a Charm
    

    A jury came back on Thursday with a $15 million pelvic mesh verdict against Johnson & Johnson’s Ethicon division in the second bellwether case in New Jersey state court, where 2,000 pelvic mesh cases are pending against Ethicon. Here’s Law.com’s Charles Toutant with the story.
    

    It’s a big win for Adam Slater of Mazie Slater, who got an $11 million verdict back in 2014 in the first pelvic mesh trial in New Jersey against Ethicon. Slater noted that the award included $10 million in punitive damages. With the second case over, he said, “every single important legal ruling has been made, so trying these cases going forward is going to be very streamlined.”
    

    Here’s what else you need to know today:

    An Aspiring Actor, Maybe: It was a long shot. But with the onslaught against class actions this year, the plaintiffs in a case over AT&T’s “unlimited” service plans challenged the arbitration of their consumer fraud allegations by claiming that the Federal Arbitration Act was unconstitutional. Why? Because it violated their First Amendment right to petition the government.
    

    AT&T turned to Mayer Brown’s Andrew Pincus for the appeal. In the end, the 9th Circuit found the plaintiffs couldn’t even prove AT&T was a “state actor” – a necessary requirement to assert constitutional violations. Here’s my story.

    Battle Over Lawyer Ads: Fewer of us are watching television commercials these days, but a lawyer in Philadelphia wants to see more of them. In particular, Jeff Rosenbaum of Rosenbaum & Associates has filed a motion to compel Morgan & Morgan to turn over its past commercials as part of his suit alleging the Florida firm’s ads in Pennsylvania are deceptive and have caused him to lose business. Law.com’s Lizzy McLellan has that report.

    What Holiday Break?: There won’t be much of a holiday break for lawyers retained by governmental bodies to bring lawsuits over the opioid epidemic (the latest of which is Harris County, Texas). U.S. District Judge Dan Polster in the Northern District of Ohio, assigned last week to oversee all opioid cases in federal court, has asked that motions for lead counsel be filed by Dec. 20. Given that the plaintiffs bar has come out in droves to bring opioid cases, the filings should be plentiful.

    Polster also wants suggestions for a special master by Dec. 20 and ideas by Jan. 5 on how to manage the MDL.
    

    The next conference is set for Jan. 9.

    Opioid lawyers: Better put down that egg nog and get crackin’…

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31. Nearly 200 Municipalities Pursue Legal Action Against Pharmaceutical Distributors to Combat Opioid Crisis (PRESS RELEASE)

    Dec 18, 2017 | BusinessWire

    By Staff

    Today, the national law firm of Baron & Budd; the law firm of Greene, Ketchum, Farrell, Bailey & Tweel LLP; and the law firm of Levin Papantonio, announced that nearly 200 municipalities have contracted with the firms to pursue lawsuits related to allegations that pharmaceutical distributors deliberately failed to monitor and report suspicious orders of opioids. The lawsuits allege the corporate negligence exercised by three Fortune 500 pharmaceutical distributors played an influential role in creating an opioid addiction epidemic throughout the United States.

    Numerous municipalities that are working with the firms have already filed suit against the pharmaceutical distributors – Cardinal Health, AmerisourceBergen, and McKesson Corp. – alleging each of the distributors played a pivotal role in creating a public nuisance by failing to regulate orders of prescription opiates. In these cases, the plaintiffs are seeking damages to cover the costs of services including, but not limited to: medical care and treatment for patients suffering from opioid-related addiction or disease; treatment of infants born with opioid-related medical conditions; costs associated with caring for children whose parents suffer from opioid addiction; and law enforcement and public safety services related to the opioid epidemic.

    Among the list of nearly 200 public entity clients represented by the firms are the City of Birmingham, Alabama; the City of Louisville, Kentucky; the City of Baton Rouge, Louisiana; and the State of New Mexico. The list includes numerous local governments across the nation and a sovereign tribe of Native Americans.

    “Regardless of geography, for each of our clients, their situation boils down to these drug distributors showing complete disregard for public safety in their never-ending quest for more money and more profits,” said Baron & Budd Shareholder, Burton LeBlanc. “These municipalities have been stuck footing the bill for everything from neonatal intensive care treatment for babies who are born addicted to opioids to an unprecedented number of bodies that must be stored in local morgues. It’s not right. And now we intend to hold these companies responsible for the disaster they have created.”

    Early this month, a federal judicial panel ordered that 180 government lawsuits brought against opioid manufacturers and distributors be transferred to a judge in Ohio. The order requires that all federal lawsuits brought by government entities be sent to U.S. District Judge Dan Polster of the Northern District of Ohio.

    In addition to Greene Ketchum, Levin Papantonio, and Baron & Budd, these public entities are also working with the following law firms related to these cases: Hill, Peterson, Carper, Bee & Deitzler, PLLC; The McHugh Fuller Law Group; and Lancione & Lancione, LLC.

    ABOUT BARON & BUDD, P.C.

    The law firm of Baron & Budd, P.C., with offices in Dallas, Baton Rouge, New Orleans, Austin, Los Angeles, and San Diego, is a nationally recognized law firm with a nearly 40-year history of "Protecting What's Right" for people, communities and businesses harmed by negligence. Baron & Budd's size and resources enable the firm to take on large and complex cases. The firm represents individuals and government and business entities in areas as diverse as dangerous pharmaceuticals and medical devices, environmental contamination, the Gulf oil spill, financial fraud, overtime violations, deceptive advertising, automotive defects, trucking accidents, nursing home abuse, and asbestos-related illnesses such as mesothelioma.

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32. In the fight against the opioid epidemic, lawsuits could be a useful tool (OPINION)

    Dec 18, 2017 | Michigan Radio (NPR)

    By April Van Buren

    The number of government lawsuits against prescription opioid makers and distributors is rising rapidly.

    "There are over a hundred that have been filed by state governments, federal governments, local governments, and then Native American tribes,” said Rebecca Haffajee, assistant professor at the University of Michigan’s School of Public Health.

    Haffajee thinks those lawsuits could be an effective tool in the fight against the opioid epidemic, as she wrote in a recent New England Journal of Medicine article. 

    The opioid epidemic has had devastating consequences. In Michigan, nearly 1,700 people died of overdoses from an opioid drug in 2016. Across the country, there were almost 50,000 opioid overdose deaths that same year.

    But attempts to hold manufactures and distributors accountable in court through personal injury lawsuits haven’t been all that successful. The companies being sued, according to Haffajee, have a pretty strong defense. They can say that the doctors prescribing opioid drugs were making bad decision or the patients themselves were using the drugs in a different way than prescribed.

    "And that makes it really difficult to pin all of the blame on manufactures and distributors,” explained Haffajee.

    She says state and local governments have a much stronger case because there is no doctor or patient to blame. 

    "The government is bringing the suit and saying ‘You opioid manufacturers and distributors ... you have in some way debilitated our social system and we need to repair them.’”

    Haffajee says the legal arguments governments are using in these cases avoid some of the pitfalls of individual personal injury suits as well as previous public health lawsuits against tobacco and firearms companies. 

    “In some of these cases, the government is claiming unjust enrichment and Medicaid fraud for all of the claims they have had to pay for under the Medicaid program for these drugs,” said Haffajee.

    The lawsuits have not resulted in the kinds of huge payouts previously seen from the tobacco industry. The largest so far was a $600 million federal settlement with Purdue ten years ago. But Haffajee is optimistic that the suits being filed by federal, state, and local governments have a good chance of getting what they need most to deal with the opioid epidemic.

    "The opioid epidemic is in the tens or hundreds of billions per year in cost to society, so we need much much more money."

    The so-called “Tobacco Master Settlement Agreement” forced large tobacco firms to pay a minimum of $206 billion dollars over 25 years. Haffajee says if opioid manufacturers and distributors face the similar financial consequences, governments could start to pay for the costly consequences of the epidemic. That includes additional law enforcement efforts, addiction treatment for people hooked on the drugs, and the strain on the foster care system.

    "I think the challenge will be in ensuring that governments do use the money for appropriate causes and don't divert it to unrelated purposes,” said Haffajee.

    Haffajee says that while lawsuits against manufacturers and distributors might be a useful tool in stemming the opioid epidemic, they aren’t a silver bullet. It took decades, she says, to get into the epidemic, and she thinks it will take at least a decade to get out of it.

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33. FDA Cannot Remain MIA As States', Cities' Drug-Litigation Crusade Threatens Regulatory Uniformity (OPINION)

    Dec 18, 2017 | Forbes

    By Washington Legal Foundation

    A November 30, 2017 post discussed the Food and Drug Administration's (FDA) return to third-party courtroom advocacy for national, uniform regulation of products under its authority. In separate amicus briefs, the agency argued that federal law preempted both New York City's enforcement of an expanded menu-labeling ordinance and certain claims in a products-liability suit against a medical-device maker. FDA also urged the International Trade Commission (ITC) to terminate an investigation into the drug-or-dietary-supplement status of an imported omega-3 substance because the inquiry would directly conflict with the agency's authority in that area.

    As a long-time proponent of regulatory uniformity, Washington Legal Foundation is encouraged by these developments, and we trust that FDA's courtroom advocacy is a work in progress. The agency can make an even bigger difference in 2018 by weighing into litigation involving one of FDA's most highly regulated class of prescription drugs: opioid-based pain medications.

    In 2017, what had been a trickle of government lawsuits against opioid-based pain-medication manufacturers and others in the distribution chain became a flood as over 100 states, counties, cities, and even fire districts filed claims. The suits, conceived by private contingent-fee counsel, are analogous to the failed "overmarketing" litigation crusade cities and states launched against gun makers in the 2000s. As with those suits, government plaintiffs want courts to shift the blame and financial burden of other parties' illegal diversion, misuse, and abuse of opioids to deep-pocket businesses.

    On December 5, the U.S. Judicial Panel on Multidistrict Litigation (MDL) transferred 115 local-government claims against pain-medication makers, distributors, sellers, and prescribers to the U.S. District Court for the Northern District of Ohio. More suits are expected to be added to the Ohio MDL. Scores of other lawsuits filed by state attorneys general are pending in state courts.

    In a nutshell, the suits allege that the defendants created a public nuisance and violated other state laws by improperly marketing opioid-based medications for long-term use to treat chronic pain. A decision for the MDL plaintiffs, or any one of the states, would directly impact what drug makers can and cannot say about that particular product use. Such an outcome would place opioid manufacturers in a Catch-22.

    Long-term use of opioids for chronic pain is FDA-approved and the labeling for such use is strictly controlled. Manufacturers could not comply with a court order to reduce or increase information about that opioid use without running afoul of FDA regulations. When compliance with both state and federal labeling requirements is impossible, courts have held that federal law can impliedly preempt the state-law legal action.

    The opioid manufacturers can present clear evidence that FDA would reject a label-change request for long-term, chronic-pain use. A public-health activist group petitioned FDA in 2012 to exclude treatment of chronic pain as an indication on all opioid-based drugs. The petition also called for dose and time limits for non-cancer pain prescriptions. FDA rejected the group's request in September 2013. A May 2017 Tenth Circuit decision involving drug preemption concluded that a rejected citizen petition provides sufficient evidence that FDA would not permit warnings sought in a state-law products-liability suit.

    Despite its deep involvement in the regulation of opioids, FDA has stood idly by as the opioid litigation crusade has unfolded. It's time for FDA to end the silence. At the opportune moment in the MDL or a state suit, the agency should defend its regulatory primacy and the concept of national uniformity through an amicus brief arguing that the state-law claims conflict with FDA labeling requirements.

    The case for FDA involvement is a compelling one.  The state and local government suits controvert the public-health goal FDA advances through opioid-based medicines' approval and availability. In rejecting the 2012 citizen petition, FDA stated that "opioids can effectively manage pain and alleviate suffering—clearly a public health priority." It added, "Chronic pain is a serious and growing health problem." Opioid abuse and misuse present serious consequences, including addiction. With those concerns in mind, FDA ordered manufacturers to further study the benefits and risks of chronic opioid therapy, with results expected soon.

    The lawsuits' ultimate outcomes could directly contradict what actions FDA takes after receiving those results, leading to inconsistent limitations on opioids' use. The agency stressed such potential conflict when urging the ITC to end its investigation into a dietary supplement, noted in our November 30 post. Such regulatory confusion, as one state judge remarked when ordering a stay on a California county's opioid suit, causes "a potential chilling effect on the prescription of these drugs for those who need them most."

    FDA's amicus involvement in one or several opioid suits would also send a vital, broader message: government litigation is an inappropriately blunt, haphazard regulatory device for weighing the competing risks and benefits of complex pharmaceutical products. If the localities and states succeed in imposing controls on opioids, they and their avaricious allies in the plaintiffs' bar will be looking for the next FDA-regulated target to sue. That's a state of affairs FDA certainly wants to avoid.

    Opioid abuse, its causes, and potential remedies have become politically charged, highly emotional issues. That reality will weigh heavily on FDA if it does consider asserting its considerable legal influence in the opioid litigation. Perhaps the federal judge presiding over the MDL might consider inviting the agency to express its views on preemption once the issue is raised in court filings, as the U.S. Court of Appeals for the Third Circuit did in the Shuker case discussed in our November 30 post.

    Whether acting at the request of a court or on its own initiative, FDA should take the opportunity to continue the welcome courtroom defense of regulatory uniformity it began in August 2017.

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34. Fight The Opioid Epidemic, All Agree. But Strategies Vary Widely

    Dec 19, 2017 | NPR Morning Edition

    By Will Stone

    It's no secret why drug users come to George Patterson in a mall parking lot just outside Phoenix to get their clean needles, syringes and other supplies on Tuesday afternoons, instead of heading to the pharmacy down the street.

    "It's really low-barrier the way we are doing it," Patterson says. "All you have to do is find us."

    Patterson asks for no IDs, no signatures and no questions — all of which can dissuade IV drug users from seeking out clean needles or the overdose reversal drug naloxone, Patterson says. He's among the volunteers who run Central Arizona's only syringe exchange program; it's called Shot in the Dark.

    "A lot of [the drug users he sees] have trust issues — understandably — with the health care industry, with what's going to be put on their record," Patterson says, as he hands out the medical supplies from the trunk of his car.

    While many states have syringe exchanges, only some have laws that explicitly permit syringe exchanges — and Arizona isn't one of them. Shot in the Dark operates quietly, without public funding. The group sets up in different corners of the Phoenix metro area for a few hours at a time, Patterson says, and struggles to keep up with demand.

    "There are still a lot of people that don't know even know about it," says one man who uses the service. "It shouldn't be so hidden." NPR agreed not to use his name because his drug use is illegal.

    States across the U.S. are pouring resources into fighting the opioid epidemic. According to state data from 2016, two people died every day in Arizona from opioid-related overdoses. Deaths due to heroin tripled between 2012 and 2016.

    "It's a problem that knows no bounds," Arizona's Republican governor, Doug Ducey, said in January during his State of the State address. "It affects men and women, young and old, rich and poor."

    Ducey has declared the opioid epidemic a public health emergency — a move that a handful of other states have made, too. In Arizona, the designation allowed public health officials to begin tracking overdose data in real time and set in motion a multi-agency effort to combat the epidemic.

    But some public health advocates, including Patterson, feel the governor's declaration hasn't necessarily translated into more help for people on the street using drugs.

    "Instead of focusing on ways that you can connect with the IV-drug using population — show them that their health matters, and prevent all the people who are likely never going to stop using IV drugs," Patterson says, "they, like, leave them out here to pick up dirty needles out of parks and give themselves diseases."

    Needle exchanges are based on a concept known as harm reduction — they seek to reduce the negative consequences of drug use without forcing abstinence. The U.S. Surgeon General has determined such programs don't promote drug use and do improve health outcomes, including lower HIV rates.

    But that hasn't convinced some of Arizona's most influential law enforcement figures.

    "It's a well-intentioned, misguided program," Maricopa County Attorney Bill Montgomery says. "We don't have a free-case-of-beer-a-month program for alcoholics," he points out. "It sends the wrong message — and it's not providing the treatment."

    This is a common argument against syringe exchange programs — that they enable drug use. Proponents of harm reduction, however, point to research showing that people who use these programs are actually more likely than others to seek treatment.

    Despite his lack of faith in needle exchange programs, Montgomery says he is sympathetic to people who are addicted to opioids — he is not out to prosecute drug users when he doesn't have to.

    "Law enforcement really does look at 'treatment first' as an option for those who are addicted," Montgomery says. He points to a pretrial diversion program that is expanding statewide, and the Arizona Angel Initiative, which lets drug users turn to the police and opt for treatment.

    Expanding those kinds of programs is part of the state's wide-ranging Opioid Action Plan, which treatment specialists helped craft.

    The 100-page policy roadmap recommends improving access to treatment and naloxone, as well as enacting a Good Samaritan law that gives immunity to those who call 911 to report an overdose.

    But the plan also proposes more regulation of doctors and their prescribing practices, including a 5-day limit on initial opioid prescriptions for patients who are taking the drug for the first time.

    That kind of focus on prescribers is "misguided" says Dr. Jeffrey Singer, an Arizona surgeon, and senior fellow at the libertarian Cato Institute.

    "Our policies right now are aimed at the supply side," Singer says. "And all they are doing is driving the death rate up. They're not driving use down."

    Opioid users are increasingly turning to heroin and fentanyl, Singer says. He points to research that shows the rate of opioid prescriptions has fallen in recent years while the deaths associated with illicit drugs continue to rise.

    Singer believes even labeling the state's opioid crisis as a public health emergency could backfire.

    "That tends to create a sense of panic," Singer says. "History has shown us every time we have a panic we end up passing laws and doing things in haste that are not well thought out."

    Singer thinks Arizona should embrace harm reduction strategies like syringe exchanges, instead of tamping down prescribing.

    "My job is to save lives and to ease suffering," Singer says. "The law enforcement people need to have that same attitude. We've got to take out personal biases out of it and just focus on the goal, which is less death and less disease."

    Earlier this year, the Arizona Department of Health Services asked a group of treatment providers who were working on the state's action plan for their top recommendations. Legalizing syringe exchanges was one of the group's priorities, according to interviews and draft documents obtained by KJZZ News.

    But that priority didn't make the final version of the plan; only a broad reference to using "harm reduction strategies" survived.

    A spokesperson for the department says the recommendation was omitted because it "doesn't directly reduce opioid-related overdoses or deaths."

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35. Survey Shows Massive Opioid Impact in Farm Country

    Dec 18, 2017 | Lancaster Farming (PA)

    By Staff

    The opioid crisis has struck farm families much harder than the rest of rural America, a Morning Consult survey shows.

    While just under half of rural Americans say they have been directly affected by opioid abuse, 74 percent of farmers and farmworkers say they have.

    Three in four farmers say it would be easy for someone in their community to access opioids illegally, and just under half of rural adults — 46 percent — say the same.

    The poll, sponsored by the American Farm Bureau Federation and National Farmers Union, is a first step in the groups’ collaboration on this issue.

    “We’ve known for some time that opioid addiction is a serious problem in farm country, but numbers like these are heartbreaking,” Farm Bureau President Zippy Duvall said.

    “Opioids have been too easy to come by and too easy to become addicted to,” Duvall said. “That’s why we are urging everyone we know to talk to their friends, family, co-workers — anyone at all they know or suspect needs help.

    “And because opioid addition is a disease, it’s up to all of us to help people who suffer from it and help them find the treatment they need,” he said. “Government cannot and will not fix this on its own. Rural communities are strong. The strengths of our towns can overcome this crisis.”

    Roger Johnson, president of the National Farmers Union agrees.

    “The opioid crisis is not just some talking point or abstract issue. It is an enormous challenge for both rural and urban America, and we as a country need to come to grips with it,” Johnson said.

    “Farm and rural communities currently face major challenges in the fight against addiction, like access to services, treatment and support,” he said.

    The survey also found that:

    • Half of farmers and farmworkers say addiction to opioids is a disease, rather than due to a lack of willpower.

    • Three in four farmers, as well as those who work in agriculture generally, say it would be easy for someone in their community to access a large amount of prescription opioids or painkillers without a prescription.

    • Three-quarters of rural adults recognize that opioid abuse can begin accidentally with the use of what are deemed safe painkillers, or opioids.

    • About 31 percent of rural adults are unaware that rural communities are affected the most by the opioid crisis. And, they say opioid abuse is a major problem in urban communities more so than in rural communities by a 10-point margin

    • One in three rural adults say it would be easy to access treatment for addiction to prescription drugs or heroin in their local community. But, less than half are confident they could seek care that is either effective, covered by insurance, convenient or affordable.

    • One in three rural adults say there is a great deal of stigma associated with opioid abuse in their local community and the stigma of abuse and addiction contributes a great deal to the opioid crisis.

    • About 68 percent of rural Americans believe increasing public education and reducing the shame or stigma around opioid addiction are effective means for solving the opioid crisis.

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36. Fight opioids with lessons learned from Ebola, HIV crises (OPINION)

    Dec 18, 2017 | The Hill

    By Anthony Pipa

    As someone who worked for decades on poverty in the U.S. before focusing on international development, I find it worth exploring what lessons from the global experience might be relevant to today’s opioid crisis in the U.S.

    The opioid crisis is one of the most urgent issues facing America today. Policymakers at multiple levels are making it a priority: President Trump has declared the epidemic a public health emergency, while Congress passed the comprehensive Addiction and Recovery Act last year.

    Despite this attention, public health officials recently testified before the Senate Health, Education, Labor and Pensions Committee that the crisis is getting worse, not better.

    In contrast, the U.S. has enjoyed much success over the past 15 years, on a bipartisan basis, addressing health challenges overseas. Its investments and initiatives have been highly effective in globally reducing child mortality, maternal mortality, malaria and HIV/AIDS, and its leadership was critical in shutting down ebola as the disease began to spin out of control in West Africa.

    Development is a discipline, and when viewing the opioid epidemic through the lens of practitioners involved in these global efforts, the playbook is not a mystery — and raises the following questions:

    What’s the goal? Clear, time-bound goals based on rigorous analysis of the data are the cornerstone for mobilizing people, money and action. Analyses of the opioid crisis are awash in statistics: a 493-percent increase in opioid addiction since 2010, a quadrupling of opioid-related deaths since 1999, maps of the breadth and geographic distribution of the epidemic.

    Yet, there is no clear, serious articulation — backed up by evidence and analysis — of ambitious yet feasible reductions that the U.S. seeks to achieve, and by when. Why hasn’t the U.S. committed to a goal, such as a 50-percent reduction in addiction and overdoses within five years?

    True, developing such measures is not an easy task, and requires informed debate among experts and leaders. There is not even good data or agreement about the extent to which current overdoses are related to prescription opioids. But until the U.S. commits to a clear definition of success, one with a basic level of consensus among key stakeholders, its efforts risk incoherence, and its ability to make swift and sufficient progress will be unnecessarily limited. 

    What’s the plan? With a clear, measurable goal in mind, a strategy can then prioritize, sequence and integrate interventions — and even accelerate promising new innovations — for maximum impact. A list of 56 recommendations, the output of the presidential commission, does not a constitute a coherent plan.

    The five-point strategy put forth by the Department of Health and Human Services provides more focus, but does not link estimated results to the interventions it proposes; nor does it explain why they were prioritized over others. 

    Various trade-offs must be weighed. Some interventions might be deployed at scale more quickly; others might have been proven more effective, but cost more; still others might show great promise, but require more testing.

    It’s crucial to balance the known effects with the unknown, integrate and sequence efforts for maximum impact and commit to credible estimations of the outcomes expected, based on historical data and prior evaluations.

    Who’s responsible and for what? Clear goals and a plan provide the basis for mobilizing action. The president’s pick of Kellyanne Conway as opioid czar has attracted some criticism, but as Ron Klain proved during his management of the ebola response, the central leader doesn’t have to be a substantive expert to be effective.

    What she must do is leverage the authority and political capital of the White House, to coordinate internally and attract serious commitments from stakeholders who matter — key cabinet members, governors, pharmaceutical CEOs, hospitals CEOs, health-care organizations, health professionals, philanthropists and community nonprofit leaders.

    Addressing such a complex and multifaceted epidemic requires the contributions and actions of stakeholders to reinforce each other.

    How will we know? Transparent accountability, to track follow-through on those commitments and progress on ending the epidemic, is central to sustaining momentum over the time period necessary to achieve success. The public should easily be able to access understandable data that is regularly updated to view progress.

    Such transparency minimizes the guessing game of identifying who’s not keeping up their end of the bargain and what’s not working as planned, and it provides incentives for elevating and scaling what is.

    Here is one example of how this has worked: In 2012, the U.S. and partners realized the global community was falling short of an agreed-upon goal under the U.N. to achieve a two-thirds reduction in unnecessary child deaths by 2015.

    Experts published key trend analyses in the Lancet, and a global coalition of governments, civil society organizations, multilateral agencies and businesses emerged to make new pledges and expand partnerships to accelerate progress.

    This Call to Action, convened by the U.S., India and Ethiopia in collaboration with the United Nations International Children's Emergency Fund (UNICEF), prioritized increased efforts in 24 countries that accounted for 80 percent of the under-age-five deaths at the time.

    It also focused on addressing the top causes that accounted for nearly 60 percent of deaths. Impact was swift: Over the next two years, it was estimated that an additional 500,000 children’s lives were saved. A publicly accessible data dashboard is still available to view the most recent statistics by country.

    Yes, there are substantive and contextual differences between this (and other global health crises) and the opioid epidemic in the U.S. The blueprint for a successful response, however, remains relevant.

    In fact, the opioid crisis demonstrates the applicability of the U.N.’s Sustainable Development Goals (SDGs) to the U.S. and other developed countries. Prevention and treatment of substance abuse, including narcotics, is one of the targets under SDG 3.

    U.N. agencies and other multilateral entities have proven the value in driving social progress through this type of goal-setting and mobilization of stakeholders.

    Indeed, the U.S. has led efforts to hold global institutions to outcome-oriented standards in order to maximize its own return on investment. The country needs to do the same thing at home — across local, state and federal governments. 

    To end the opioid epidemic, bipartisan agreement isn’t enough. Political attention isn’t enough. Good intentions aren’t enough. The lessons we’ve learned are clear:

    Well-defined, time-bound and evidence-based goals provide the basis; tested and scalable interventions, combined with key innovations, provide the means; coordinated commitments and contributions from a wide array of stakeholders provide the muscle; and transparent reporting and easily accessible updates provide the measure.

    Americans know how to “do” goals. President Kennedy practically invented the concept with the moonshot. It’s time to hold ourselves to the same measurable standards we ask of others. Our fellow citizens affected by this crisis deserve no less.

    Anthony Pipa is a senior fellow in the Global Economy and Development program at The Brookings Instution. In that capacity, he studies efforts to realize the universality of the United Nations 17 Sustainable Development Goals (SDGs), exploring how economic mobility and security and democratic cohesion and governance can be advanced simultaneously in developed and developing countries.

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37. SC governor limits prescriptions for opioid pain killers, declares public health emergency

    Dec 19, 2017 | The State (SC)

    By Avery G. WIlks

    Gov. Henry McMaster on Monday declared a statewide public health emergency as part of an effort to curb the rising death toll of opioid abuse in South Carolina.

    The Richland Republican also secured commitments from two state agencies to limit the number of highly addictive opioid pills some S.C. patients can be prescribed for short-term pain or after surgery. Under McMaster’s order, patients covered by Medicaid or the state health plan can get a five-day supply of the medication but must return to a doctor for more.

    “Some people walk out of the hospital with 60 or 90 pills in one prescription, and they don’t need that many,” McMaster said Monday, adding those extra pills can end up on the street. “They’re carrying around, potentially, an addiction for somebody else.”

    Flanked by legislators, law enforcement chiefs and state agency heads at the state’s Emergency Management Division headquarters, McMaster announced that opioid-related overdoses in South Carolina rose to 616 in 2016 from 504 in 2014.

    Last year, McMaster said, opioids, which include painkillers like oxycodone and illegal drugs like heroin, were responsible for more S.C. deaths than drunk driving – 331 – or homicide – 366.

    McMaster on Monday also commissioned an “Opioid Emergency Response Team” of state agencies, health care professionals and law enforcement leaders to coordinate the state’s efforts to curb opioid addiction and abuse, starting Tuesday.

    The governor’s intentions mirror a push from lawmakers to crack down on opioid abuse. S.C. House Speaker Jay Lucas, R-Darlington, created a legislative panel earlier this year to study the problem and make recommendations. Those proposals could be considered when lawmakers return to Columbia in January.

    Lawmakers in 2015 passed a law allowing doctors to prescribe an opioid overdose antidote to first responders. That drug has saved 149 S.C. residents from overdoses so far, according to Sara Goldsby, director of the state Department of Alcohol and Other Drug Abuse Services.

    
    

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Broadcast Media Coverage

38. ABC 7 News at 5

    Dec 18, 2017 | El Paso, TX

    By KVIA (ABC)

    Rough Transcript: join an on-going lawsuit county judge ruben vogt told me they received four presentations from different law firms across the state ultimately -- they decided to go with the gallagher law firm, which is based out of houston vogt says this lawsuit will not cost you -- the tax payer -- anything the county has agreed to offer the gallagher lawfirm 30-percent of any award that is given out as a result of the lawsuit. the county keeps the other 70-percent. if there is no award -- the county is not required to pay the law firm. the gallagher law firm first made a presentation to the county in october in its presentation -- the firm said it would go after six pharmaceutical companies -- including johnson & johnson the firm will be sending researchers down to el paso county at the start of 2018 -- to try and quantify the effects of the opioid cris here locally. "given the fact that there's no expense to the tax payers, this was somewhat of a no-brainer for us to ensure that we were doing our due diligence to see if el paso county was being affected by the crisis that's occurring nationally -- every community will be impacted differently, we just don't know to what severity el paso county has been hit"

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39. Northwest Now

    Dec 19, 2017 | Seattle, WA

    By KBTC (PBS)

    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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40. Fox 47 Morning News at 7

    Dec 19, 2017 | Lansing, MI

    By WSYM (FOX)

    Rough Transcript: also happening today... a federal lawsuit will be filed on behalf of lansing and 8 other cities and counties in michigan... against drug manufacturers and distributors over the opioid cris. the communities are asking for compensation from the drug companies... for the cost to tax payers connected to the crisis. the lawsuit is expected to be announced at a press conference at 4 o'clock this afternoon. 

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41. 6 News This Morning

    Dec 19, 2017 | Lansing, MI

    By WLAJ (ABC)

    Rough Transcript: today-- lansing along with 8 other michigan cities and counties -- will take action on the opioid crisis. the local governments plan to file a federal lawsuitagainst pharmaceutical manufacturers... distributors... and pharmacies-- -saying they need to be held responsible for their role in the record-breaking use of opioids... deaths from the drug... and the cost to local governments.

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42. News 10 Today

    Dec 19, 2017 | Lansing, MI

    By WILX (NBC)

    Rough Transcript: moving now to the latest on the opioid crisis--- mid-michigan counties and leaders holding pharmaceutical manufacturers and pharmacies responsible. a federal lawsuit will be filed this afternoon on behalf of the capitol city and 8 other cities and counties statewide against drug

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43. 7 Action News This Morning on TV20 Detroit

    Dec 19, 2017 | Detroit, MI

    By WMYD (MNT)

    Rough Transcript: we are live with who is showing that lawsuit. >> Reporter: nine cities and counties are part of the suit that they say that these pharmaceutical companies and the distributors are all playing a role when it comes to the opioid crisis. according to the suit, the federal court urged those responsible to find a solution to take the burden off the taxpayers. they are against cvs health corporation, and costco wholesale corporation and many more. they are being accused of racketeering aggressive over promotion fraudulent claims regarding the safety and reckless projection and distribution. >> that's it has amounted to billions of dollars. a press conference will be held later this morning to talk about the suit. and we expect the mayor to be there as well as the MacOMB county executive.>>> and the opioid addiction assistance angel program has been expanded statewide.

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44. 7 Action News This Morning 6am

    Dec 19, 2017 | Detroit, MI

    By WXYZ (ABC)

    Rough Transcript: counties are filing a lawsuit in connection to the opioid cris. they want to hold drug manufacturers, distributors and pharmacies accountable for the cris in michigan. nia harden is live. >> Reporter: we are talking 9 counties and cities in michigan. they are all blaming the pharmaceuticalmanufacturers and distributors saying they played a big role in the record levels of opioid drug use. we know that the cities are requesting that the federal court urge those responsible to find a solution to take the burden off of taxpayers and the communities. against perdue, walgreens, boots alliance, cvs and costco wholesale corporation and many more. they are accused of oh racketeering, aggressive overpromotion, fraudulent claims regarding the safety of prescription opioids and

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45. ABC12 News at Six

    Dec 19, 2017 | Flint, MI

    By WJRT (ABC)

    Rough Transcript: milestone day in the fight against opioid epidemic. nienl local ci nine local cities and counties file a lawsuitagainst pharmaceutical distributors and pharmacies. claim they have been reckless in distribution of highly addictive substances in of big profits. angel operation program is now open. allows someone with a drug addiction to walk into post for help without fear of arrest or investigation. those in need can stop in monday through friday between 8-4:00. >>>

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46. First News at 6

    Dec 19, 2017 | Omaha, NE

    By KETV (ABC)

    Rough Transcript: now a state of addiction update. the douglas county board will consider a plan today to hire outside legal help, to join a federal lawsuit against opioid makers. we told you about it last week when county attorney don kleine took the idea to the board. kleine says big opioid manufacturers make $400 billion a year in revenue, and do nothing to ensure those pills don't end up in the wrong hands. the move would connect douglas county to a federal lawsuit to pay for law enforcement, rehab and drug court costs. attorneys will get paid only if they win. 30% of any judgment goes to them -- the rest to the parties in the suit.

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47. FOX 22 News at 7AM

    Dec 19, 2017 | Bangor, ME

    By WFVXLD (FOX)

    Rough Transcript: the city of bangor plans to join over 70 other states and municipalities across the country in taking on the pharmaceutical companies in charge of making opioids. city officials plan to join a lawsuit against prescription opioid manufacturers. the lawsuit says those companies knowingly and willingly downplayed the risks associated with opioid addicon ... resulting in a nationwide epidemic. city officials say this is the first step in the process ... which may take a few years to work through. there is no cost to the city to join this lawsuit..which is handled by a new york-based law firm. funds won in the lawsuit would be used to repay the monetary costs of fighting the opioid crisis. we've had a lot of costs, everything from the fire and ems depts to police to legal to housing, it's all over the city, so there's a human costs to it, and that's most important, but there's been a cost to

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48. Local 15 Today

    Dec 19, 2017 | Mobile, AL

    By WPMI (NBC)

    Rough Transcript: opioid lawsuit new information this morning-- about another alabama county looking into the possibility of filing a lawsuit against big pharma. the walker county alabama commission voted monday to table the issue until january. walker county is between tuscaloosa and birmingham. commission chairman jerry bishop says the goal is to stop opiod abuse. he said he's in favor of the lawsuit against the major opioid manufacturers. but some of his coleagues needed more time to get their questions answered. "..39:53 it's a abusive use of the opiod drugs and that's what they're trying to stop. how do you stop, how did you stop the cigarette smokers, they sued the manufacturers, right? well that's what our leaders seem to think about this. that's all i can say about it. ." walker county is nothe only alabama county when it comes to looking into suing opiod manufacturers. mobile county is also considering a possible lawsuit. earlier this year, the cities of

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49. WECT News at 11

    Dec 18, 2017 | Wilmington, NC

    By WECT (NBC)

    Rough Transcript: As our county leaders file a federal lawsuitagainst opioid manufacturers... leaders to our south are calling h for change. South Carolina's Governor, Henry McMaster, issued a state of emergency to battle the opioid cris. Raycom's Ashleigh Hollan'sd has the details. pkg: nats/ sot: Rep. Eric Bedingfield/ Greenville: "My son ssed away from a fentanyl overdose." sot: Kathery Ferrell/ Victim of Drug Overdose: "In 2016, i lost my daughter to a drug overdose." These are the faces of families affected by drug overdose in South Carolina.and these, some of the faces of overdose. sot: Rep. Eric Bedingfield/ r Greenville: "When my son was taken off this planet by this abuse, not only a did it tear me apart, tear his mother apart, he had two children that we are no w taking care of." sot: Kathy Ferrell/ Victim of Drug Overdose: "i just don'want other families to have to endure the pain that my family has had to endure." And these stories areto part of the growing epidemic that bringsem

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50. NewsChannel 6 at 10

    Dec 18, 2017 | Wichita Falls, TX

    By KAUZ (CBS)

    Rough Transcript: wichita county officials have a decision to make. join a growing list--- suingpharmaceutical companies for the opioid epidemic.. or..file alone. county commissioner..barr y mahler says they are looking into several law firms --to represent the county--- to see what their best option is. he says the issue hits home... because the county is high on the list when it comes to opioidprescriptions...in the lone star state. part of the reason is to get the manufactures of these products to use more wisely. to instruct doctors to prescribe them more wisely and to use them for what they are used for helr says it's a multiple district litigation.. in other words-- they are going to take a lot of individual suits-- and group them together in the federal court. much like a class action lawsuit. the commissioners court will make a

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51. 7 Eyewitness News at 6

    Dec 18, 2017 | Jackson, TN

    By WBBJ (ABC)

    Rough Transcript: the madison county commissoners voted today to take steps in battling the opioid epidemic in tennessee. they approved the hiring of a law firm out of florida to represent the county in a lawsuit against opioid manufacturers and distributors. several counties across tennessee have already joined this tort case against the companies. the county attorney says filing a suit specifically for madison county will help in the long run. Potentially down the raod there could a be a settlement with these claims and Madison County by virtue of filing a claim would be a beneficiary opioids include heroin, fentanyl and oxycodone. maroney said that there will be an initial hearing after the first of the year in cleveland ohio and then the case will begin to take shape good monday evening everyone!

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