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Opioid Litigation Daily Media Report - 1/24/18
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New York City sues drug companies over opioid epidemic
Jan 23, 2018 | Reuters
By Jonathan Stempel & Nate Raymond
New York City on Tuesday sued eight companies that make or distribute prescription opioids, blaming them for fuelling a deadly epidemic afflicting the most populous U.S. city. -
New York City Joins Municipalities Filing Opioid Lawsuits
Jan 23, 2018 | Associated Press
By Staff
New York officials announced Tuesday the city is joining hundreds of other municipalities suing the nation's largest opioid manufacturers and distributors. -
New York hits big pharma with $500mn lawsuit in opioid crisis
Jan 23, 2018 | Agence France-Presse
By Staff
New York turned the screws on pharmaceutical giants in America's opioid epidemic, suing manufacturers for $500 million on Tuesday as a photographer kickstarted a petition to hold Purdue Pharma accountable as a recovering addict. -
New York City Sues Drug Companies Over Opioid Crisis
Jan 23, 2018 | The New York Times
By J. David Goodman & William Neuman
Mayor Bill de Blasio on Tuesday announced that New York City had filed a lawsuit against the manufacturers and distributors of opioid prescription drugs, joining a national campaign to hold the companies responsible for hundreds of millions of dollars in costs related to the deadly opioid epidemic. -
New York City Sues Companies Over Opioid Abuse
Jan 23, 2018 | The Wall Street Journal
By Corinne Ramey & Sara Randazzo
New York City has filed a lawsuit against opioid manufacturers and distributors, accusing the companies of oversupplying the market and misrepresenting the safety of the drugs, Mayor Bill de Blasio said Tuesday. -
New York mayor Bill de Blasio SUES Big Pharma over the opioid epidemic which has cost the city $500 million
Jan 23, 2018 | Daily Mail
By Natalie Rahhal
New York City has sued several major pharmaceutical companies in an effort to hold them accountable for their role in the city's opioid epidemic. -
De Blasio says pharmaceutical companies will pay for 'bloody murder'
Jan 24, 2018 | Politco PRO
By Staff
collaboratively to solve this public health challenge. Although our products account for approximately 2 percent of the total opioid prescriptions, as a company, we’ve distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed three of the first four FDA-approved opioid medications with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone." Kaelan Hollon,... -
'IT’S TIME FOR BIG PHARMA TO PAY FOR WHAT THEY’VE DONE,' NEW YORK MAYOR SAYS IN LAWSUIT OVER OPIOID CRISIS
Jan 23, 2018 | Newsweek
By Melina Delkic
New York is suing big pharma over its role in the opioid crisis. -
NYC Sues Drugmakers, Distributors Over Opioid Epidemic
Jan 23, 2018 | Law360
By Rachel Graf
New York City has joined a growing number of municipalities suing drugmakers and distributors over their alleged roles in the opioid epidemic, saying Tuesday in state court that Purdue Pharma Inc., Teva Pharmaceuticals USA Inc., Johnson & Johnson and others misrepresented the safety of their opioids to drive sales. -
Pharmalittle: J&J loses a Remicade patent battle: NYC piles on and sues opioid makers
Jan 24, 2018 | STAT News
By Ed Silverman
ood morning, everyone, and welcome to the middle of the week. You made it this far, so why not carry on? Our survival plan calls for quaffing a cup or three of delicious stimulation — peppermint mocha is on our menu. As always, you are welcome to join us. Remember — no prescription is required. So time to get cracking. After all, meetings, phone calls, and deadlines are looming. To help you along, we have gathered the usual menu of tidbits. We hope you find them helpful. Meanwhile, have a wonderful day and do stay in touch … -
New York City sues 'Big Pharma' for $500m for fueling opioid epidemic
Jan 23, 2018 | The Guardian
By Joanna Walters
New York City on Tuesday sued the makers of prescription painkillers such as OxyContin, Percocet and fentanyl that have played a central role in the opioid crisis killing tens of thousands across the nation. -
New York City sues eight opioids producers, distributors
Jan 23, 2018 | The Hill
By Rebecca Savransky
New York City on Tuesday sued multiple drug companies, alleging they played an instrumental role in creating the deadly opioid epidemic. -
De Blasio administration files suit against major drug companies over city’s opioid epidemic
Jan 23, 2018 | NY Daily News
By Jillian Jorgensen & Erin Durkin
The city filed suit against prescription drug companies on Tuesday, charging they're “getting away with bloody murder” in the deadly opioid epidemic that has swept New York. -
CITY SUES DRUG MAKERS FOR 'DECEPTIVE MARKETING' THAT LED TO THE OPIOID EPIDEMIC
Jan 24, 2018 | Spectrum News NY1 (NY)
By Staff
Mayor Bill de Blasio files a lawsuit against the country's largest opioid manufactures. -
NYC Seeking $500M From Opioid Manufacturers, Distributors
Jan 23, 2018 | WBGO (NY)
By Ang Santos
New York City Mayor Bill de Blasio says it’s time to hold pharmaceutical companies accountable for the opioid epidemic. -
De Blasio Slams Drug Companies For ‘Bloody Murder’ In Opioid Suit
Jan 23, 2018 | CBS New York (NY)
By Staff
On Tuesday, New York City filed suit against the nation’s largest opioid manufacturers and distributors. -
New York City sues opioid makers and distributors
Jan 23, 2018 | The Columbus Dispatch (OH)
By Marla Matzer Rose
The city of New York on Tuesday became the latest and largest city to sue drugmakers and drug distributors over their alleged role in the opioid crisis. -
NYC files opioid lawsuit against 8 drugmakers, distributors
Jan 23, 2018 | Becker’s Hospital Review
By Brian Zimmerman
Attorneys filed a lawsuit Tuesday on behalf of New York City against five drugmakers, three drug distributors and subsidiaries of the companies. -
City Sues Pharmaceutical Companies As Part of Effort to Combat Opioid Epidemic
Jan 23, 2018 | WNYC (NY)
By Brigid Bergin & Mara Silvers
New York City filed a lawsuit in State Supreme Court Tuesday against seven drug manufacturers and three distributors in an effort to slow the growing number of opioid overdose deaths. -
NYC Seeking $500M From Opioid Manufacturers, Distributors Newburgh Gazette
Jan 24, 2018 | Newburgh Gazette (NY)
By Dwayne Harmon
The city's lawsuit, filed in the State Supreme Court, claims that deceptive marketing and an excessive distribution of drugs in the NY market led to the city spending millions of dollars on hospital services, treatment programs, and other consequences. -
New York City Files $500 Million Lawsuit Against Drug Companies Over Opioid Deaths
Jan 24, 2018 | WNBC (NY)
By Staff
New York City filed a $500 million lawsuit Tuesday against prescription opioid manufacturers and distributors, seeking to hold them accountable for their alleged part in the city's drug epidemic. -
New York City Sues Companies Over Opioid Abuse
Jan 24, 2018 | Click Lancashire (PA)
By Elias Hubbard
Mayor Bill de Blasio announced the lawsuit, saying it seeks to recoup $500 million of costs to combat the epidemic. "The suit targets seven manufacturers and three distributors who are most responsible for creating this crisis". -
NYC sues drug companies for $500 mln over opioid epidemic
Jan 24, 2018 | ECNS (CHINA)
By Gu Liping
U.S. biggest city New York City (NYC) on Tuesday sued big drug companies that make or distribute prescription opioids, blaming them for their part in the City's ongoing deadly opioid epidemic. -
New York City Sues Big Pharma for $500 Million Over Opioid Epidemic
Jan 23, 2018 | Observer
By Madina Toure
Mayor Bill de Blasio and First Lady Chirlane McCray announced that New York City is suing the United States’ largest opioid manufacturers and distributors for $500 million on the grounds that they are responsible for the city’s fatal opioid epidemic. -
Opioid drug manufacturers accused of ‘murder’ by New York
Jan 24, 2018 | The National
By Rob Crilly
New York city has accused drug manufacturers of “murder” by pursuing a multimillion dollar campaign of misinformation to persuade patients and prescribers that opioid medicines are safe and effective for widespread use without any evidence. -
A Major City Has Just Sued Drug Companies Over the Opioid Crisis — Seeking $500 Million in Damages
Jan 23, 2018 | Independent Journal Review
By William Vaillancourt
New York City Mayor Bill de Blasio announced Tuesday that the city is suing manufacturers and distributors of opioids and seeking $500 million in damages. -
NYC sues top opioid manufacturers and distributors for more than $500 million
Jan 23, 2018 | Crains New York Business (NY)
By Will Bredderman & Caroline Lewis
The de Blasio administration, which recently announced it would sue fossil-fuel companies for causing global warming, said Tuesday it will bring a similar action against the painkiller industry in response to the opioid crisis. -
NYC sues big pharma for $500M for role in opioid epidemic
Jan 24, 2018 | GK MEN
By Bennie Garza
Mayor Bill de Blasio announced the lawsuit on Tuesday, saying it seeks to recoup $500 million of what the epidemic has cost the city, which he says will be reinvested into fighting opioid addictions and overdoses. -
Hogan wants Md. to sue opioid manufacturers, turn jail into treatment center
Jan 23, 2018 | The Washington Post
By Fenit Nirappil
Maryland Gov. Larry Hogan (R) called Tuesday for the state to sue opioid manufacturers and distributors and ordered a study on converting a shuttered Baltimore jail into a treatment facility, part of his broader efforts to combat the drug crisis. -
Maryland officials announce measures to continue fighting the opioid epidemic
Jan 23, 2018 | ABC 47 (MD)
By Tahja Cropper
Maryland officials unveiled plans for continuing the fight against the opioid epidemic including suits against drug manufacturers and distributors. -
Hogan wants to turn closed city jail into treatment center
Jan 23, 2018 | Fox 45 News WBFF (MD)
By Bryna Zumer
Maryland Gov. Larry Hogan is proposing some new initiatives to fight the opioid epidemic in 2018, including letting the Attorney General sue some opioid manufacturers and turning part of downtown Baltimore's defunct jail into a special treatment center. -
Revere Sues Pharma Cos. Over Opioids, Boston Might Follow
Jan 23, 2018 | Law360
By Christine Powell
Revere on Monday joined a growing chorus of Massachusetts cities to accuse several drug manufacturers and distributors of deceptively marketing and illegally diverting prescription opioids, while Boston Mayor Martin Walsh announced that the city is considering bringing its own such litigation. -
PG County Suing The Entire Opioid Industry
Jan 24, 2018 | Bowie Patch (MD)
By Dan Taylor
Prince George's County has announced a lawsuit "all facets of the opioid business" as an addiction crisis mounts in the county and nationwide. -
Fourteen cities, towns join lawsuit against drug companies in opioid crisis
Jan 24, 2018 | The Valley Breeze (RI)
By Nicole Dotzenrod
Fourteen Rhode Island municipalities are filing public nuisance lawsuits against five pharmaceutical drug manufacturers and three wholesale drug distributors for their role in the ongoing opioid epidemic, Lt. Gov. Dan McKee announced at North Providence Town Hall on Monday. -
Pharma suits moving ahead
Jan 23, 2018 | Albany TimesUnion (NY)
By Paul Nelson
The recent lawsuit filed by Saratoga County against pharmaceutical companies will for the time being be consolidated with dozens of other similar actions in New York, a lawyer representing several Capital Region counties said. -
Onondaga County blames opioid manufacturers and distributors for heroin crisis, files lawsuit
Jan 24, 2018 | WYSR (NY)
By Andrew Donovan
Onondaga County is suing the manufacturers, distributors and others it says are responsible for the growing opioid crisis. -
Onondaga County files lawsuit against drug companies over opioid crisis
Jan 24, 2018 | CNY Central (NY)
By Like Parsnow
Onondaga County officials announced Tuesday they have retained counsel and filed a lawsuit against pharmaceutical companies, manufacturers and distributors in an attempt to hold them responsible for the growing opioid crisis. -
EBR files suit against major opioid manufactures
Jan 23, 2018 | CBS 9 WAFB (LA)
By Marcus Brown
Mayor-President Sharon Weston Broome announced the parish is taking a strong stance against the opioid crisis and are suing the manufacturers and distributors. -
Baton Rouge files lawsuit against opioid drug makers
Jan 23, 2018 | Greater Baton Rough Business Report (LA)
By Staff
Baton Rouge Mayor Sharon Weston Broome, claiming opioid manufacturers are responsible for doctors writing prescriptions without monitoring usage or warning patients of the highly addictive nature of opioids, announced East Baton Rouge Parish was suing pharmaceutical companies for their role in the area’s opioid epidemic. -
Walton County looks to join opioid legal battle
Jan 23, 2018 | WJHG (FL)
By Danielle Ellis
Another local county is looking to join the fight against opioid addiction. -
Jasper joins in fight against opioid
Jan 24, 2018 | Newton County Times (AR)
By Staff
The Jasper City Council passed a resolution recognizing the national opioid epidemic and joined a coalition of Arkansas municipalities intent on litigating opioid manufacturers and distributors. The Arkansas Municipal League recently proposed a lawsuit accusing the companies of "borrowing a page from Big Tobacco's playbook" by downplaying the risks of using opioids -- addiction, in particular -- and overstating the benefits of using the drugs. -
But the governor’s news release saying he “directed” Attorney General Brian Frosh to sue opioid manufacturers was greeted with some pushback — from Frosh himself. In a statement released Tuesday afternoon, Frosh wrote “Governor Hogan often issues a press
Jan 24, 2018 | The Columbus Dispatch (OH)
By Kimball Perry
Franklin County hires exterior legal professionals in opioid lawsuit January 24, 2018 Kaplan Contributor Kimball Perry The Columbus Dispatch In hiring outside lawyers Tuesday to represent it in a national lawsuit, Franklin County wants opioid manufacturers and distributors to pay for treatment and other services the epidemic will cost in the future. -
Franklin joining opioid lawsuit
Jan 24, 2018 | Daily Journal (OH)
By Michele Holtkamp
Franklin has joined communities across the nation in suing the makers and distributors of prescription pain pills in a lawsuit that alleges they flooded communities with drugs that have caused an addiction epidemic. -
County joins mass tort lawsuit
Jan 23, 2018 | CCHeadliner (MO)
By Amelia Wigton
The Christian County Commission voted unanimously Jan. 18 to join a mass tort lawsuit against opiate manufacturers and distributors for money the county has spent working to curb the opioid epidemic. -
Usual Suspects: Lawyers Used To Getting Their Way In MDL Process To Lead Opioid Litigation (EDITORIAL)
Jan 23, 2018 | Forbes
By Daniel Fisher
There will be a lot of familiar faces in U.S. District Judge Dan Polster’s courtroom in Cleveland on Jan. 31, when lawyers gather for a hearing on multidistrict litigation against the nation’s opioid manufacturers and distributors. -
Illinois Supreme Court mulling who gets consolidated opioid cases – Cook Co. or Springfield judge
Jan 23, 2018 | Madison St. Clair Record (IL)
By Staff
Supreme Court Justices must decide whether suits that counties continue filing against opioid manufacturers belong with a judge from Cook County or a judge from Springfield. -
Okla. AG, State Opioid Commission, recommend bold action to combat rising epidemic
Jan 24, 2018 | Red Dirt Report (OK)
By Heide Brandes
Oklahoma Attorney General Mike Hunter and members of the Oklahoma Commission on Opioid Abuse released its findings and recommendations Tuesday on ways to combat the opioid epidemic in Oklahoma, a plan that also includes taxing opioid manufacturers, distributors and wholesalers. -
Broward County Selects Legal Team to Spearhead Opioid Litigation
Jan 24, 2018 | Law.com
By Celia Ampel
The Broward County Commission approved a team of five law firms to pursue litigation against pharmaceutical companies over their alleged role in the opioid crisis. -
Md. governor, attorney general publicly butt heads over opioid initiatives
Jan 24, 2018 | WTOP (MD)
By Kate Ryan
Maryland Gov. Larry Hogan announced actions aimed at the state’s opioid crisis, including suing opioid manufacturers, converting former jail space into a treatment facility and enhancing ways that first responders share data about overdoses. -
A member of Trump’s opioid commission calls its work “a charade” (EDITORIAL)
Jan 24, 2018 | VOX
By German Lopez
A member of President Donald Trump’s opioid epidemic commission is furious with how the commission’s work has been treated by Trump and Republicans in Congress. -
Varney & Company
Jan 24, 2018 | FBN (FBN)
By National Programming
Video Link: http://app.criticalmention.com/app/#clip/view/32210510?token=e5604a61-4500-48e8-846b-5135722c94cc -
PIX11 Morning News
Jan 24, 2018 | WPIX (CW)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210475?token=e5604a61-4500-48e8-846b-5135722c94cc -
News All Evening
Jan 24, 2018 | NY1HDSI (Spectrum News)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210490?token=e5604a61-4500-48e8-846b-5135722c94cc -
News 12 Long Island
Jan 24, 2018 | N12LI (News 12)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210517?token=e5604a61-4500-48e8-846b-5135722c94cc -
Good Day New York
Jan 24, 2018 | WNYW (FOX)
By New York, NY
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Today in New York
Jan 24, 2018 | WNBC (NBC)
By New York, NY
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CBS 2 News This Morning
Jan 24, 2018 | WCBS (CBS)
By New York, NY
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The Morning News at 5:30am
Jan 24, 2018 | WSYR (ABC)
By Syracuse, NY
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Good Day DC
Jan 24, 2018 | WTTG (Fox)
By Washington D.C.
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New York City Suit
Northeast (MD, RI, NY)
Southeast (LA, FL, AR)
Midwest (OH, MO)
Commentary and FYIs
Broadcast Media Coverage
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New York City sues drug companies over opioid epidemic
Jan 23, 2018 | Reuters
By Jonathan Stempel & Nate Raymond
New York City on Tuesday sued eight companies that make or distribute prescription opioids, blaming them for fuelling a deadly epidemic afflicting the most populous U.S. city.
Mayor Bill de Blasio said the lawsuit sought $500 million of damages to help fight the crisis, which kills more people in the city annually than homicides and car accidents combined, including more than 1,100 from opioid-induced overdoses in 2016.
“Big Pharma helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit,” de Blasio said in a statement.
The defendants include manufacturers Allergan Plc (AGN.N), Endo International Plc (ENDP.O), Johnson & Johnson (JNJ.N), Purdue Pharma LP and Teva Pharmaceutical Industries Ltd (TEVA.TA), and distributors AmerisourceBergen Corp (ABC.N), Cardinal Health Inc (CAH.N) and McKesson Corp (MCK.N).
All were accused in the city’s complaint of creating a public nuisance, and the distributors were accused of negligence.
Allergan, Endo, J&J, Purdue, Teva, AmerisourceBergen and McKesson in separate statements emphasized the importance of using opioids safely.
Endo, J&J and Purdue also denied the city’s allegations, while McKesson declined to comment on the lawsuit. Cardinal Health did not immediately respond to requests for comment.
New York City, whose population is about 8.54 million, joined a long list of U.S. states and municipalities to sue drug companies over opioid abuse, which U.S. President Donald Trump has called a national public health emergency.
Opioids, including prescription painkillers and heroin, played a role in 42,249 U.S. deaths in 2016, up 28 percent from 2015 and 47 percent from 2014, according to the U.S. Centers for Disease Control and Prevention.
In its complaint filed in state court in Manhattan, New York accused manufacturers of having for two decades misled consumers into believing that prescription opioids were safe to treat chronic non-cancer pain, with minimal risk of addiction.
The city also said distributors fueled abuse through oversupply, including a failure to identify suspicious orders and report them to authorities, contributing to an illegal secondary market.
Prescription opioids, such as Purdue’s OxyContin and Endo’s Percocet, are regulated as controlled substances.
New York City said roughly 2.5 million to 2.7 million opioid prescriptions were filled there each year from 2014 to 2016.
The case is City of New York v Purdue Pharma LP et al, New York State Supreme Court, New York County, No. 450133/2018.
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New York City Joins Municipalities Filing Opioid Lawsuits
Jan 23, 2018 | Associated Press
By Staff
New York officials announced Tuesday the city is joining hundreds of other municipalities suing the nation's largest opioid manufacturers and distributors.
Mayor Bill de Blasio said the companies should be held accountable for the drug-abuse crisis.
"More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years," de Blasio said, noting that more than 1,000 people in New York City died of a drug overdose involving an opioid in 2016, a record.
"Big Pharma helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit."
The lawsuit seeks to recover a half-billion dollars in current and future costs the city says it will incur to combat the epidemic.
More than 200 lawsuits against drug companies have been brought by local communities across the country, including those in California, Illinois, Kentucky, Ohio and West Virginia. The lawsuits have been consolidated into what is known as "multidistrict litigation," an approach taken when lawsuits of a similar nature are filed around the country.
It was not immediately clear whether New York's suit would be combined with others around the country.
Drug distributors and manufacturers named in the lawsuits have said they don't believe litigation is the answer but have pledged to help solve the crisis.
"We are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution," said John Puskar, a spokesman for Purdue Pharma L.P., one of the defendants in the New York litigation. "As a company grounded in science, we must balance patient access to FDA-approved medicines, while working collaboratively to solve this public health challenge."
Janssen Pharmaceuticals, Inc., spokeswoman Sarah Freeman called the allegations in the lawsuits baseless and unsubstantiated.
"Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible," she said. "At the same time we recognize that opioid abuse and addiction are serious public health issues that must be addressed."
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New York hits big pharma with $500mn lawsuit in opioid crisis
Jan 23, 2018 | Agence France-Presse
By Staff
New York turned the screws on pharmaceutical giants in America's opioid epidemic, suing manufacturers for $500 million on Tuesday as a photographer kickstarted a petition to hold Purdue Pharma accountable as a recovering addict.
The city filed the half-a-billion lawsuit in the New York State Supreme Court, following hundreds of other towns and cities in a bid to recoup costs from big pharma as they battle to contain the escalating opioid crisis.
"Who's getting away with bloody murder right now? The big pharmaceutical companies. That's what's really going on," New York Mayor Bill de Blasio told a news conference.
"Big pharma hooked millions of Americans on these drugs, deceived the people and the human cost has been inestimable. At the same time they made billions of dollars in the process," he added.
In 2016, 63,600 people died from a drug overdose in the United States, an average of 174 Americans a day. In 2016, overall US life expectancy fell for the second year running, fueled by the crisis.
In New York, the most populous US city and home to 8.5 million people, more than 1,000 people died in an opioid overdose in 2016, the highest year on record.
More New Yorkers died from opioid overdoses than from car accidents and homicides combined, with rates of overdose deaths more than doubling between 2010 and 2016.
"It's simple. It's time for big pharma to pay for what they have done. It's time for them to be held accountable," de Blasio said.
The lawsuit, like hundreds of others, accuses manufacturers of deceptive marketing and distributors of over-supplying prescription painkillers, burdening the city with increased healthcare, criminal justice and law enforcement costs.
The manufacturers named in the suit include Purdue Pharma, maker of OxyContin, the world's best-selling anti-pain medication; Teva Pharmaceuticals USA, Inc.; Johnson& Johnson, and Janssen Pharmaceuticals.
Mega-drug wholesalers named in the petition include McKesson Corporation, Cardinal Health and AmerisourceBergen Corporation.
- Narrowly escaped -
Photographer Nan Goldin, herself a recovering opioid addict, is separately waging her own campaign to hold Purdue Pharma accountable for its role in the epidemic.
Goldin, 64, is circulating a petition, already signed by more than 6,000 people, demanding that Purdue Pharma and the family that owns it accept responsibility.
"I survived the opioid crisis. I narrowly escaped," she says in a statement accompanying her petition on change.org.
After getting treatment, Goldin began researching the opioid epidemic and the mounting deaths.
"I learned that the Sackler family, whose name I knew from museums and galleries, were responsible for the epidemic," she said.
The Sacklers are descended from two brothers, Mortimer and Raymond Sackler, who helped build Purdue into a pharmaceutical powerhouse.
Goldin has formed an advocacy group, Prescription Addiction Intervention Now, or PAIN, to pressure the Sackler family and Purdue Pharma to finance treatment and prevention programs, and to re-educate doctors on the dangers of over-prescription of opioids.
Her petition, which circulates on Twitter under the hashtag #ShameOnSackler, calls on museums and universities who benefit from Sackler money -- including the Metropolitan Museum, the Guggenheim and Harvard -- "to refuse future donations from the Sacklers."
Purdue Pharma, which already faces a string of lawsuits, says in an open letter on its website that it is acting to bring the epidemic under control.
"Our industry and our company have and will continue to take meaningful action to reduce opioid abuse," it said, adding that it was supporting initiatives to educate doctors and develop non-opioid painkillers.
Elizabeth Sackler, a daughter of one of the company's founders, told The New York Times that Purdue Pharma's role in the opioid crisis was "morally abhorrent to me."
Goldin, who lives between New York and Paris, became known in the 1970s with photographs that pushed the boundaries of intimacy and spontaneity, breaking numerous taboos on sexuality. Her work has been exhibited in top museums, including MoMA.
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New York City Sues Drug Companies Over Opioid Crisis
Jan 23, 2018 | The New York Times
By J. David Goodman & William Neuman
Mayor Bill de Blasio on Tuesday announced that New York City had filed a lawsuit against the manufacturers and distributors of opioid prescription drugs, joining a national campaign to hold the companies responsible for hundreds of millions of dollars in costs related to the deadly opioid epidemic.
It was the second time this month — and the second time in his just-begun sophomore term — that Mr. de Blasio has held a news conference to herald legal action taken against corporate giants that he blames for problems that impact the city and beyond. On Jan. 10, he said the city was suing major oil companies, with the aim of collecting damages to cover the city’s costs in responding to climate change.
The lawsuits appeared to be a new favored tactic by Mr. de Blasio in his ongoing effort to take on issues with national scope, raising his profile outside New York City as he does so.
“It is a national tragedy,” Mr. de Blasio said of addiction to opioids. “It needs a national solution.” He spoke at a news conference at a community center in the Bronx where he was joined by a mother who said her son died of an overdose of opioids, and city officials charged with combating the worsening scourge of overdoses.
“It’s time for Big Pharma to pay for what they’ve done,” he said — an echo of two weeks earlier where he spoke of “big oil” during a news conference on the climate change lawsuit, and later in an op-ed piece in The Washington Post.Continue reading the main storyRELATED COVERAGEAs Drug Deaths Soar, Mayor Offers Plan to Cut Toll MARCH 13, 2017The Bronx’s Quiet, Brutal War With Opioids OCT. 12, 2017A Death on Staten Island Highlights Heroin’s Place in ‘Mainstream Society’OCT. 2, 2016
In announcing both suits, Mr. de Blasio and his staff likened the efforts to litigation targeting tobacco companies, and suggested that the goals were similar: compensation for city spending to address problems caused by the company’s products, and a change in future corporate behavior.
The city’s top lawyer, Zachary W. Carter, acknowledged that the city would look to take legal action in cases “when the target is an industry that’s causing harm.” But he rejected the notion that the two suits represented any new initiative in city government. “That really is a coincidence of timing,” he said.
Indeed, in 2000, under Mayor Rudolph W. Giuliani, the city sued gun manufacturers and distributors, claiming they failed to properly monitor sales to keep guns out of the hands of criminals. The lawsuit was eventually dismissed.
Mayor Michael R. Bloomberg had more luck with a 2006 lawsuit that focused on dealerships in the South that had sold guns used in New York City crimes. Most of the dealers settled.
New York is far from the first to take drug companies to court over the opioid crisis. Chicago did so in 2014 and its case is continuing; city lawyers there have received 10 million pages of documents and conducted hundreds of interviews, according to a spokesman for the Chicago law department, Bill McCaffery.
In the years since, many municipalities have joined a growing legal movement among local leaders seeking to halt the cycle in which opioid analgesics — legal prescriptions — lead to dependence and death, either from the drugs themselves or after users begin to use illegal opiates such as heroin. Philadelphia and Delawareeach filed lawsuits in recent days. A lawsuit filed by Oklahoma is expected to go to trial later this year.
In New York State, more than a dozen counties filed suit last year, represented by the law firm Simmons Hanly Conroy that is based in Alton, Ill. The firm, which is representing localities in about 200 cases around the country, is representing New York City in its suit.
“There’s a new case getting filed every day,” Paul J. Hanly Jr., who leads the law firm’s New York office, said of the national trend. “We could be in a situation a year from now when there are a thousand or two thousand cases.”
As opioids and heroin have claimed an increasing number of lives, New York City has been slow to respond to the crisis. Last year Mr. de Blasio announced a plan to reduce opioid deaths through a combination of outreach, treatment and law enforcement.
Though the final tally of overdose deaths from 2017 was not yet available, Mr. de Blasio said that more people died last year in New York City from a drug overdose, most involving an opioid, than the combined deaths from car accidents and homicides.
The lawsuit, filed Tuesday in State Supreme Court in Manhattan, alleges that the opioid crisis was caused by the deceptive marketing of drugmakers, and by distributors bringing large amounts of prescription painkillers into the New York market. All of this has caused the city to spend millions of dollars on substance abuse treatment programs, hospital services, emergency medical services and law enforcement.
The manufacturers named in the lawsuit include Purdue Pharma, Teva, Cephalon, Johnson & Johnson, Janssen, Endo, Allergan, Watson and various subsidiaries. The distributors include McKesson, Cardinal Health and AmerisourceBergen.
“We maintain that the allegations made in these lawsuits against our company are baseless and unsubstantiated,” a spokeswoman for Janssen Pharmaceuticals, Sarah Freeman, said in a statement. “Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible.”
A spokesman for Purdue Pharma, John Puskar, said the company was “deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution,” and added that it “vigorously” denied the city’s allegations.
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New York City Sues Companies Over Opioid Abuse
Jan 23, 2018 | The Wall Street Journal
By Corinne Ramey & Sara Randazzo
New York City has filed a lawsuit against opioid manufacturers and distributors, accusing the companies of oversupplying the market and misrepresenting the safety of the drugs, Mayor Bill de Blasio said Tuesday.
The lawsuit, filed in New York State Supreme Court, seeks half a billion dollars that city officials say they need to fight the opioid epidemic.
“More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years,” Mr. de Blasio, a Democrat, said in a statement. “Big Pharma helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit.”
Five opioid manufacturers and their subsidiaries, including Purdue Pharma, Johnson & Johnson and Endo International , as well as distributors McKesson Corp. , Cardinal Health Inc. and AmerisourceBergen Corp. , were named in the lawsuit.
New York City’s move follows a wave of similar lawsuits brought by 15 states and about 300 other cities and counties in the U.S.
The companies have denied the allegations and said they are committed to working with communities to stem opioid abuse.
Purdue reiterated Tuesday that it is “deeply troubled by the prescription and illicit opioid-abuse crisis, and are dedicated to being part of the solution.”
Endo said it has stopped promoting and developing opioids, and eliminated its product sales force, as well as withdrawing its drug Opana at the request of the Food and Drug Administration.
McKesson said it reports hundreds of thousands of suspicious orders to federal authorities each year and that “this complicated, multi-faceted public-health crisis cannot be solved by any one participant,” but needs to come from a comprehensive approach involving everyone from doctors to insurance companies to distributors and manufacturers.
More than 1,000 people in New York City died in a drug overdose which involved an opioid during 2016, city officials said. Costs to the city have included those related to treatment, hospitals, criminal justice and law enforcement, officials said.
Opioids killed more than 42,000 people in the U.S. in 2016, according to the Centers for Disease Control and Prevention. Forty percent of opioid overdoses in 2016 involved a prescription opioid, the CDC said.
Earlier this week, Kentucky filed a lawsuit against McKesson, claiming the distributor flooded the state with opioids, including the generic versions of oxycodone and hydrocodone. Kentucky Attorney General Andy Beshear, a Democrat, also sued Endo last year.
Delaware sued manufacturers, distributors and pharmacies in state court there on Friday, saying the volume of opioids shipped to Delaware annually amounts to more than 50 opioid pills for each resident.
Hundreds of the suits filed in federal court have been consolidated in front of U.S. District Judge Dan Polster in Ohio. Judge Polster is pushing for early settlement talks and has encouraged state attorneys general that have filed suits to attend a meeting in his court at the end of the month.
Ohio Attorney General Mike DeWine, a Republican who filed one of the first major opioid cases this past summer, has said he has begun settlement talks with some opioid manufacturers.
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Jan 23, 2018 | Daily Mail
By Natalie Rahhal
New York City has sued several major pharmaceutical companies in an effort to hold them accountable for their role in the city's opioid epidemic.
Mayor Bill de Blasio announced the lawsuit on Tuesday, saying it seeks to recoup $500 million of what the epidemic has cost the city, which he says will be reinvested into fighting opioid addictions and overdoses.
In 2016, more than 1,000 New York City residents died as a result of opioid overdoses, according to a statement from the mayor's office.
The city is claiming that opioid manufacturers have burdened the health and finances of New York's government by employing deceptive marketing to sell inordinate amounts of dangerous and addictive drugs to citizens.
Between 2010 and 2016, overdose death rates more than doubled in New York City, where about 2.7 million opioid prescriptions are filled annually.
Nearly 20 percent of opioid overdose deaths in New York happen as a result of prescription opioids.
De Blasio and First Lady Chirlane McCray filed their lawsuit against more than 10 major pharmaceutical companies that manufacture and sell opioids.
The defendants include Allergan, Johnson & Johnson, Purdue Pharma and Teva, and distributors such as AmerisourceBergen, Cardinal Health and McKesson.
The lawsuit charges these companies and others with being a 'public nuisance,' acted negligently in their distribution of opioids and 'were unjustly enriched at the City's expense.'
'More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years,' the Mayor said in a statement, blaming Big Pharma for fueling the epidemic.
'It’s time for hold the companies accountable for what they’ve done to our City, and help save more lives,' he said.
The mayor's office has promised that any damages awarded to the city through the lawsuit will be dedicated to its fight against the opioid epidemic.
McCray, who heads up New York City's mental health and substance abuse efforts through ThriveNYC, said: 'Today, New York City demands transparency and accountability from the nation’s largest opioid manufacturers and distributors who have profited from people’s pain.
The de Blasio administration introduced HealingNYC, a $38 million local initiative to distribute naloxone, addiction treatment medications and to educate local emergency rooms and clinicians about opioids, in March.
Tuesday's filing follows a suit the city leveled against oil companies, similarly accusing them of contributing to climate change, which the mayor announced on January 10.
New York City is hardly the first government to sue Big Pharma companies over the opioid epidemic.
Montana and Washington as well as some smaller city governments have also filed legal complaints against OxyContin maker Purdue Pharma.
Earlier today, opioid commission member and former Congressman Patrick Kennedy slammed the federal government for what he described as hollow efforts against the opioid epidemic.
Of New York City's action, he said 'lawsuits like this are important because they can generate an influx of sorely-needed resources to fund treatment and prevention efforts for those suffering from addiction.'
Kennedy applauded de Blasio's proactive approach and pointed out that 'Congress only appropriated $500 million this year to fight the opioid crisis.
'In contrast, the federal government was spending $24 billion at the height of the HIV/AIDS crisis. People in need of treatment and their families need support now,' he said.
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De Blasio says pharmaceutical companies will pay for 'bloody murder'
Jan 24, 2018 | Politco PRO
By Staff
collaboratively to solve this public health challenge. Although our products account for approximately 2 percent of the total opioid prescriptions, as a company, we’ve distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed three of the first four FDA-approved opioid medications with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone." Kaelan Hollon,...
The remainder of this article is under paywall at: https://www.politicopro.com/states/new-york/city-hall/story/2018/01/23/de-blasio-says-pharmaceutical-companies-will-pay-for-bloody-murder-207790
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Jan 23, 2018 | Newsweek
By Melina Delkic
New York is suing big pharma over its role in the opioid crisis.
New York City Mayor Bill de Blasio announced a $500 million lawsuit against several major pharmaceutical companies on Thursday, saying it was "time for Big Pharma to pay for what they’ve done. It’s time that they are held accountable.” De Blasio is asking for the money to cover damages caused by a high opioid-related death count in the city in recent years, alleging that manufacturers played a role in.
“More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years. Big Pharma helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit,” de Blasio said in a statement. “It’s time for hold the companies accountable for what they’ve done to our City, and help save more lives.”
The lawsuit names Purdue Pharmaceuticals, Teva Pharmaceuticals and Johnson & Johnson, to name a few. It alleges that makers marketed products in deceptive ways, saddling New York City with increased costs for emergency services, criminal justice costs and law enforcement costs.
The pharmaceutical companies have thus far denied the claims in statements.
“We maintain that the allegations made in these lawsuits against our company are baseless and unsubstantiated. Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible,” Sarah Freeman—a spokesperson for Janssen Pharmaceuticals, a company owned by Johnson & Johnson— said in a statement to The Hill.
New York is not the first city to take legal action against Big Pharma for its alleged role in the opioid crisis. Chicago sued Big Pharma in 2014, and several other cities have followed suit or are considering doing so.
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NYC Sues Drugmakers, Distributors Over Opioid Epidemic
Jan 23, 2018 | Law360
By Rachel Graf
New York City has joined a growing number of municipalities suing drugmakers and distributors over their alleged roles in the opioid epidemic, saying Tuesday in state court that Purdue Pharma Inc., Teva Pharmaceuticals USA Inc., Johnson & Johnson and others misrepresented the safety of their opioids to drive sales.
The city is seeking “hundreds of millions of dollars” for drugmakers’ alleged misrepresentations about the safety of opioids to treat chronic pain and distributors’ alleged failure to flag suspicious orders or address the oversupply of the drugs. In New York City, the rate of drug overdose fatalities has more than doubled between 2010 and 2016, according to the complaint.
“More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years,” Mayor Bill de Blasio said in a statement. “Big Pharma helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit.”
The suit alleges that the opioid epidemic has been fueled largely by overprescription and oversupply of the drugs, with many people who are now dependent on opioids first prescribed the drugs to treat chronic, non-cancer pain. The treatments have not been proven effective to treat non-cancer pain, the suit said.
But drugmakers including Purdue, Teva, Johnson & Johnson, Endo Pharmaceuticals Inc. and Allergan PLC nonetheless advertised opioids to treat this type of chronic pain and downplayed the risk of side effects and addiction, according to the complaint.
Representatives of Purdue, Endo and Johnson & Johnson unit Janssen denied the allegations, and a Teva representative said the drugmaker is “committed to the appropriate use of opioid medicines.”
The suit accuses distributors McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Corp. of failing to inform officials of suspiciously large opioid orders that they can track and of failing to temper the oversupply of pills.
A trade association that represents wholesale distributors including McKesson, Cardinal Health and AmerisourceBergen said in a statement that the companies merely transport medicines from drugmakers. Distributors do not manufacture, market, prescribe or dispense the medications, the trade association, Healthcare Distribution Alliance, said.
“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,” John Parker, a senior vice president of the Healthcare Distribution Alliance, said in a statement.
An Allergan representative did not respond Tuesday to a request for comment.
New York is represented by Paul J. Hanly, Jr., Jayne Conroy, Andrea Bierstein, Thomas I. Sheridan III, Sarah S. Burns and Richard Kroeger of Simmons Hanly Conroy LLC and Joshua P. Rubin, Tonya Jenerette and Gail Rubin of the New York City Law Department.
Counsel information for the drugmakers and distributors was not available Tuesday.
The case is City of New York v. Purdue Pharma LP et al. in the Supreme Court of the State of New York. The case number was not available Tuesday. -
Pharmalittle: J&J loses a Remicade patent battle: NYC piles on and sues opioid makers
Jan 24, 2018 | STAT News
By Ed Silverman
ood morning, everyone, and welcome to the middle of the week. You made it this far, so why not carry on? Our survival plan calls for quaffing a cup or three of delicious stimulation — peppermint mocha is on our menu. As always, you are welcome to join us. Remember — no prescription is required. So time to get cracking. After all, meetings, phone calls, and deadlines are looming. To help you along, we have gathered the usual menu of tidbits. We hope you find them helpful. Meanwhile, have a wonderful day and do stay in touch …
A U.S. appeals court upheld a ruling that a crucial patent on Johnson & Johnson’s (JNJ) blockbuster Remicade arthritis treatment is invalid, because the concepts were covered in a prior J&J patent. The decision limits J&J’s ability to seek damages from Pfizer (PFE), which already launched a lower-cost biosimilar version of the drug, but recently filed a lawsuit claiming J&J illegally maneuvered insurers to stifle sales of its Inflectra medication...
The remainder of this article is under paywall at: https://www.statnews.com/pharmalot/2018/01/24/patents-opioids-taxes-lawsuits/
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New York City sues 'Big Pharma' for $500m for fueling opioid epidemic
Jan 23, 2018 | The Guardian
By Joanna Walters
New York City on Tuesday sued the makers of prescription painkillers such as OxyContin, Percocet and fentanyl that have played a central role in the opioid crisis killing tens of thousands across the nation.
The mayor of New York, Bill de Blasio, and his wife Chirlane McCray, who leads the city’s efforts on mental health and drug addiction, announced a $500m lawsuit “to hold manufacturers and distributors to account”, filed in New York state supreme court.
“More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years. ‘Big Pharma’ helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions,” de Blasio said. A record 1,000-plus people died in New York from opioid-related overdoses in 2016, the mayor reported.
More than 60 federal lawsuits of a similar nature filed by cities and counties across the US are now being handled collectively by a federal judge in Ohio, Dan Polster.
There are indications he may also take on other related cases that have been filed in state courts, as legal experts talk of a “tidal wave” of litigation, potentially setting up a huge legal showdown with the industry.
New York City on Tuesday sued several companies, led by Purdue Pharma, the family-owned creator of OxyContin the original brand of slow-release, powerful prescription narcotics that ushered in the crisis 20 years ago with aggressive marketing campaigns and insufficient warnings about addiction and abuse.
Additional defendants include Endo, which makes the painkiller Percocet; Cephalon, which makes the fentanyl lollipop-type lozenge Actiq; Janssen, which makes fentanyl patches; and other opioid makers, including Johnson & Johnson, Watson, Teva and Allergan.
The singers Prince and Tom Petty had fentanyl in their systems when they died of accidental overdoses in 2015 and 2017 respectively, having previously become addicted to prescription opioids, and the art photographer Nan Goldin slammed Purdue in the Guardian on Monday after revealing she is in recovery from opioid addiction.
Chirlane McCray cited “the greedy and reckless behavior of these companies” for “tearing apart families”.
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New York City sues eight opioids producers, distributors
Jan 23, 2018 | The Hill
By Rebecca Savransky
New York City on Tuesday sued multiple drug companies, alleging they played an instrumental role in creating the deadly opioid epidemic.
The lawsuit — filed against eight companies that make or distribute prescription opioids — seeks $500 million in damages to help the city combat the opioid epidemic.
“Big Pharma helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit,” Mayor Bill de Blasio (D) said in a news release. “It’s time for hold the companies accountable for what they’ve done to our City, and help save more lives.”
In 2016, more than 1,000 people in New York City died of a drug overdose involving opioids, the highest yearly rate to date, according to the release. The litigation, announced Tuesday, comes as other cities and states have filed similar lawsuits.
The lawsuit alleges that manufacturers misrepresented the safety of using painkillers long term and that distributors supplied too many opioids, which enabled the pills to be sold illegally. In turn, this allegedly has created a “substantial burden” on the city, the lawsuit states, because it has had to increase treatment services, law enforcement costs, medical examiner costs and more, according to the release.
The defendants are manufacturers Allergan PLC, Endo International PLC, Johnson & Johnson, Purdue Pharma LP and Teva Pharmaceutical Industries Ltd., and distributors AmerisourceBergen Corp., Cardinal Health Inc. and McKesson Corp.
Several companies that responded to a request for comment pushed back against the allegations.
Endo said in a statement that, “It is Endo's policy not to comment on current litigation. That said, we deny the allegations contained in this lawsuit and intend to vigorously defend the Company.” The company noted it had voluntarily stopped opioid promotion, among other efforts.
Purdue Pharma also denied the allegations, saying in a statement that it "[looks] forward to the opportunity to present our defense” and is “dedicated to being part of the solution.”
Sarah Freeman — a spokeswoman for Janssen Pharmaceuticals, which is owned by Johnson & Johnson — wrote in a statement that “We maintain that the allegations made in these lawsuits against our company are baseless and unsubstantiated. Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible.”
Allergan also sought to put its role into context.
“Allergan’s two branded opioid products – Norco and Kadian – account for less than 0.08% of all opioid products prescribed in 2016 in the U.S. These products came to Allergan through legacy acquisitions and have not been promoted since 2012, in the case of Kadian, and since 2003, in the case of Norco,” it said in a statement.
AmerisourceBergen said in a statement that, “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.”
Teva said, "Teva is committed to the appropriate use of opioid medicines, and we recognize the critical public health issues impacting communities across the U.S. as a result of illegal drug use as well as the misuse and abuse of opioids that are available legally by prescription.”
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De Blasio administration files suit against major drug companies over city’s opioid epidemic
Jan 23, 2018 | NY Daily News
By Jillian Jorgensen & Erin Durkin
Mayor de Blasio said the $500 million suit filed in Manhattan Supreme Court is aimed at prescription painkiller makers and distributors he slammed as “corporate drug pushers.”
“Who’s getting away with bloody murder right now? The big pharmaceutical companies,” de Blasio said at a Bronx community center.
“Big Pharma hooked millions of Americans on these drugs, deceived the people, and the human cost has been inestimable,” he said. “It’s time for Big Pharma to pay for what they have done.”
The suit targets companies including Johnson & Johnson, Purdue, Cephalon, Teva, and Janssen.
More than 1,000 people in the city died in 2016 from drug overdoses involving opioids - more than the number of murders and traffic deaths combined.
De Blasio was joined at his press conference by Ann Marie Perrotto, whose 22-year-old son Christopher died from an opioid overdose. She said he was prescribed the drugs for a minor back injury that could have been treated with Tylenol - and was addicted within a week, eventually taking 25 to 30 pills a day.
“I’m going to be really blunt. The pharmaceutical companies killed my son,” she said.NEW YORK DAILY NEWS)BYJILLIAN JORGENSENERIN DURKINNEW YORK DAILY NEWSUpdated: Tuesday, January 23, 2018, 8:23 PM
The city filed suit against prescription drug companies on Tuesday, charging they're “getting away with bloody murder” in the deadly opioid epidemic that has swept New York.
Mayor de Blasio said the $500 million suit filed in Manhattan Supreme Court is aimed at prescription painkiller makers and distributors he slammed as “corporate drug pushers.”
“Who’s getting away with bloody murder right now? The big pharmaceutical companies,” de Blasio said at a Bronx community center.
“Big Pharma hooked millions of Americans on these drugs, deceived the people, and the human cost has been inestimable,” he said. “It’s time for Big Pharma to pay for what they have done.”
FDNY firefighter ordered to complete rehab after opioid arrest
The suit targets companies including Johnson & Johnson, Purdue, Cephalon, Teva, and Janssen.
More than 1,000 people in the city died in 2016 from drug overdoses involving opioids - more than the number of murders and traffic deaths combined.The city charges manufacturers were deceptive about the safety of their products, and distributors provided too many drugs that ended up on the black market. (JOHN MOORE/GETTY IMAGES)
De Blasio was joined at his press conference by Ann Marie Perrotto, whose 22-year-old son Christopher died from an opioid overdose. She said he was prescribed the drugs for a minor back injury that could have been treated with Tylenol - and was addicted within a week, eventually taking 25 to 30 pills a day.
“I’m going to be really blunt. The pharmaceutical companies killed my son,” she said.
China slams Trump's suggestion of guilt for U.S. opioid epidemic
It’s the second time this month Hizzoner has gone to court against corporations he casts as villains - following a suit filed against oil companies, who the city charged were to blame for the effects of climate change.
In the latest suit, city lawyers argue that drug manufacturers engaged in a deceptive marketing campaign to create the false perception that using opioids to treat chronic pain is generally safe. Distributors, they say, flooded the market with too many prescription drugs, failing to do anything about suspiciously large orders.
They ask for the firms to be forced to fork over damages to cover costs like drug treatment, emergency room services, and law enforcement.
The city is represented by the law firm Simmons Hanly Conroy, which has also filed similar suits against drug manufacturers on behalf of 11 counties in upstate New York and Long Island, as well as cities around the country.
Several of the drug companies disputed the allegations. “The allegations made in these lawsuits against our company are baseless and unsubstantiated. Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible,” said Janssen Pharmaceuticals spokeswoman Sarah Freeman.
Purdue Pharma spokesman John Puskar said the company has distributed guidelines for prescribing opioids, and developed opioid medications with abuse-deterrent properties. “We vigorously deny these allegations and look forward to the opportunity to present our defense,” he said. Teva spokeswoman Kaelan Hollon said the company has followed all federal and state rules and is developing medications to treat chronic pain without opioids.
While the crisis began with prescription painkillers, it is now drugs like heroin and fentanyl claiming the most lives.
Still, de Blasio said it’s worth going after the drug companies because people continue to get addicted to painkillers before moving on to illegal drugs.
“Just because a lot of people have moved on to heroin doesn’t mean that new people aren’t being hooked every day. That’s the problem here,” he said.
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CITY SUES DRUG MAKERS FOR 'DECEPTIVE MARKETING' THAT LED TO THE OPIOID EPIDEMIC
Jan 24, 2018 | Spectrum News NY1 (NY)
By Staff
Mayor Bill de Blasio files a lawsuit against the country's largest opioid manufactures.
The lawsuit intends to recover half a billion dollars in current and future costs the city would need to combat the opioid epidemic.
In 2016, more than one thousand people in New York City died from an opioid-related drug overdose — the highest year on record.
More New Yorkers died from opioid-related overdoses last year than from car accidents and homicides combined.
"Big pharma hooked millions of Americans on these drugs, deceived people and the human cost has been inestimable. At the same time, they made billions of dollars in the process."
The lawsuit alleges the opioid crisis was caused in part by manufacturer's "deceptive marketing."
Purdue and Johnson & Johnson were among the companies named in the multi-million dollar lawsuit.
"We believe this lawsuit will have a big and lasting impact, in terms of turning the tide on this epidemic," de Blasio said Tuesday.
The mayor used a similar message recently, announcing a lawsuit against the largest fossil companies, which he said are complicit in climate change.
The timing is coincidental —
"But we will use the avenue of bringing lawsuits when we think that the lawsuit can have an impact," said New York City's top lawyer, Corporation Counsel Zachary Carter.
Lawsuits that the mayor hopes echo cases against Big Tobacco.
"From the plaintiff's side, absolutely, it's easy to see how there are parallel circumstances in all three of these types of cases," said Justin Gundlach of the Columbia Law School/Sabin Center for Climate Change Law. "From the perspective of the defendants, I'm sure it's possible to identify distinctions."
When it comes to the pharma lawsuit, de Blasio is also making distinctions about who is legally responsible.
As for the physicians and others writing the prescriptions, the city is offering guidance but the mayor is taking a softer approach:
"The corporate complex had hooked everyone, including doctors, on the notion that they should be prescribing this drug," de Blasio said at the press conference.
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NYC Seeking $500M From Opioid Manufacturers, Distributors
Jan 23, 2018 | WBGO (NY)
By Ang Santos
New York City Mayor Bill de Blasio says it’s time to hold pharmaceutical companies accountable for the opioid epidemic.
“Those who created the problem have to feel the consequences, change their ways and finally address the damage they have done. The suit targets seven manufacturers and three distributors who are most responsible for creating this crisis.”
He says they deceived the public, while putting lives at risk, all for the sake of profits.
“A playbook that they had already seen the big tobacco companies use. They ignored all of the scientific evidence that made clear their product was lethal.”
De Blasio is confident the city will prevail in its lawsuit, and already has plans for the money.
“To stop so many more people from becoming addicted.”
More people died by overdose in New York City last year than by homicide and traffic fatalities combined.
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De Blasio Slams Drug Companies For ‘Bloody Murder’ In Opioid Suit
Jan 23, 2018 | CBS New York (NY)
By Staff
On Tuesday, New York City filed suit against the nation’s largest opioid manufacturers and distributors.
“Big pharma has been getting away with bloody murder,” Mayor Bill de Blasio said.
The suit charges that manufacturers misrepresented the safety and effectiveness of long term opioid use and that distributors over supplied them leading to a ready black market.
“And we are seeking over half a billion dollars in damages from these corporate drug pushers,” the mayor said.
Staten Islander Ann Marie Perrotto’s son Chris died of an overdose of prescription pain killers at age 22 after a minor injury from a car accident.
“I’m going to be really blunt. The pharmaceutical companies killed my son and it’s about damn time we started holding them accountable,” she said.
The companies named in the lawsuit said they don’t believe litigation is necessary. They have pledged to help solve the crisis.
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New York City sues opioid makers and distributors
Jan 23, 2018 | The Columbus Dispatch (OH)
By Marla Matzer Rose
The city of New York on Tuesday became the latest and largest city to sue drugmakers and drug distributors over their alleged role in the opioid crisis.
The suit, filed in a state court in Manhattan, accuses companies including Dublin-based Cardinal Health of putting profits before their responsibility to the public in supplying and promoting powerful painkillers that have led to addiction and death for thousands of New York residents. More than 1,100 New Yorkers died of opioid overdoses in 2016, according to the lawsuit.
New York Mayor Bill de Blasio called the companies being sued “corporate drug pushers” in making the announcement at a press event on Tuesday.
The city seeks damages of $500 million to help pay for fighting the addiction crisis and its related public health costs.
Other defendants in the suit include drug makers Allergan, Endo International, Johnson & Johnson, Purdue Pharma and Teva Pharmaceutical, along with Cardinal Health competitors AmerisourceBergen and McKesson.
In December, the city of Columbus also joined the growing number of cities, counties and states filing similar suits against the drug companies. Columbus’ suit did not specify a particular amount sought as damages.
Meanwhile, a conference is set for next week in Cleveland to continue settlement talks in a consolidated case against the drug companies.
U.S. District Judge Dan Polster is presiding over the suit, which involves more than 200 government entities suing the drug companies.
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NYC files opioid lawsuit against 8 drugmakers, distributors
Jan 23, 2018 | Becker’s Hospital Review
By Brian Zimmerman
Attorneys filed a lawsuit Tuesday on behalf of New York City against five drugmakers, three drug distributors and subsidiaries of the companies.
The lawsuit seeks to recoup half a billion dollars in both current and future city funds expended addressing the municipality's opioid crisis. The suit is similar to others filed by hundreds of city, local and state governments around the nation. New York City's lawsuit claims drugmakers and drug distributors misrepresented the safety of long-term opioid use, thereby facilitating widespread proliferation of the drugs.
"More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years," said New York City Mayor Bill de Blasio. "Big pharma helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit. It's time [to] hold the companies accountable for what they've done to our city and help save more lives."
The suit names drugmakers Allergan Pharmaceuticals, Endo International, Johnson & Johnson, Purdue Pharma and Teva Pharmaceutical Industries as defendants. The suit also names the drug distributors AmerisourceBergen, Cardinal Health and McKesson.
In statements made to Reuters, Allergan, Endo, J&J, Purdue, Teva, AmerisourceBergen and McKesson all highlighted the importance of safe opioid use. Additionally, Endo, J&J and Purdue denied the suit's allegations. McKesson declined to comment on the lawsuit specifically, and Cardinal Health did not immediately respond to Reuters' request for comment.
In 2016, more than 1,000 people in New York City died of an opioid-related overdose.
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City Sues Pharmaceutical Companies As Part of Effort to Combat Opioid Epidemic
Jan 23, 2018 | WNYC (NY)
By Brigid Bergin & Mara Silvers
New York City filed a lawsuit in State Supreme Court Tuesday against seven drug manufacturers and three distributors in an effort to slow the growing number of opioid overdose deaths.
Mayor Bill de Blasio says the suit is aimed at changing the behavior of pharmaceutical companies—with opioid deaths in the city outpacing the number of homicides and traffic deaths combined in both 2016 and 2017. The city is also seeking half a billion dollars from the companies to cover the costs of fighting the epidemic.
"It’s time for some of these pharmaceutical companies to forfeit their ill-gotten gains," de Blasio said.
The city joins a growing number of states and municipalities suing drug companies for what they allege are misleading marketing tactics and a misrepresentation of the dangers posed by long-term use of these drugs.
Staten Island is one of the places within the city hardest hit by the proliferation of opioids. District Attorney Michael McMahon said it’s "a plague" noting that every day 1-2 Staten Islanders experience an overdose.
It’s home to Anne Marie Perotto, who lost her son Christopher in 2011 to an overdose. Joining officials at the announcement, Perotto described her son as straight-A student and an athlete before he sustained a minor back injury in a car accident at the age of 19 and was prescribed prescription painkillers to treat the injury.
"He could have taken Tylenol, but instead he was given prescription opioids," said Perotto. Her son was addicted within a week, she said. "The pharmaceutical companies killed my son. And it's about damn time we start holding them accountable."
The city is suing manufacturers Purdue Pharma, The Purdue Frederick Company, Teva Pharmaceuticals, Cephalon, Endo, Allergan, Janssen Pharmaceuticals of Johnson & Johnson. The distributors are McKesson Corporation, Cardinal Health and AmerisourceBergen Corporation.
In statements to WNYC, each of the named manufacturers and distributors denied any charges of wrong-doing.
"Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible," said Sarah Freeman, a spokesperson for Janssen Pharmaceuticals, Inc., while acknowledging the public health crisis posed by opioids and the need for many stakeholders to find a solution.
A spokesman for the Healthcare Distribution Alliance (HDA), an umbrella group for the distributors, said since their companies do not make or market medicines to consumers, "we aren’t willing to be scapegoats," said John Parker, Senior Vice President, HDA. "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."
This is the second major lawsuit against corporations where the city seeks to hold them accountable for public health and environmental issues. Earlier this month, the city announced a lawsuit against large fossil fuel companies for their role in causing climate change.
"They only work when we believe there is a viable legal strategy," de Blasio said. Corporation Counsel Zach Carter, who likened this lawsuit to those against the tobacco industry added, "Because this announcement comes on the heels of our announcement to sue the fossil fuel companies, it appears to be part of a new initiative. That really is a coincidence of timing."
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NYC Seeking $500M From Opioid Manufacturers, Distributors Newburgh Gazette
Jan 24, 2018 | Newburgh Gazette (NY)
By Dwayne Harmon
The city's lawsuit, filed in the State Supreme Court, claims that deceptive marketing and an excessive distribution of drugs in the NY market led to the city spending millions of dollars on hospital services, treatment programs, and other consequences.
Five opioid manufacturers and their subsidiaries, including Purdue Pharma, Johnson & Johnson and Endo International, as well as distributors McKesson Corp., Cardinal Health Inc. and AmerisourceBergen Corp., were named in the lawsuit.
The first New York Grammy Week in 15 years kicked off with a bang, as Mayor Bill de Blasio and Recording Academy chief Neil Portnow presided over a ribbon-cutting ceremony for the organization's new local headquarters, a stunning $13.5 million, 1860 townhouse across East 37th Street from the J.P. Morgan Museum.
"Who's getting away with bloody murder right now?" The pharmaceutical companies have thus far denied the claims in statements. "
The people who created the crisis are getting away with it". 'It's time for hold the companies accountable for what they've done to our City, and help save more lives, ' he said.
It alleges that manufacturers misrepresented the safety of the long-term use of painkillers and that distributors supplied too many opioids that enabled the pills to be sold illegally.
Opioids killed more than 42,000 people in the U.S.in 2016, according to the Centers for Disease Control and Prevention. De Blasio and First Lady Chirlane McCray filed their lawsuit against more than 10 major pharmaceutical companies that manufacture and sell opioids.
"It's time that they are held accountable". "Every single death from opioids is a preventable death", Palacio said. Tuesday's filing follows a suit the city leveled against oil companies, similarly accusing them of contributing to climate change, which the mayor announced on January 10. "
This marks the first time the Academy will own our own offices and a real piece of the Big Apple", Portnow, a NY native, said. Could a medically supervised distribution program be the answer to the opioid crisis? . The district attorney also said that 80 percent of opioid users they deal with on Staten Island started off with prescription drugs.
"We have so much work to do", Palacio said. More New Yorkers died from opioid-related overdoses previous year than from vehicle accidents and homicides combined. That is a major issue in New York City and the Tri-State Area given the area's transit problems and aging roads and bridges.
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New York City Files $500 Million Lawsuit Against Drug Companies Over Opioid Deaths
Jan 24, 2018 | WNBC (NY)
By Staff
New York City filed a $500 million lawsuit Tuesday against prescription opioid manufacturers and distributors, seeking to hold them accountable for their alleged part in the city's drug epidemic.
The lawsuit aims to recover expenses the city will incur in combating the crisis. In 2016, more than 1,000 people in New York City died of an opioid overdose, according to official data — the highest number on record.
“More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years. 'Big Pharma' helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit,” Mayor Bill de Blasio said in a statement.
The lawsuit alleges the opioid epidemic was caused by manufacturers’ marketing and by distributors sending prescription painkillers into New York City. That in turn placed a burden on the city for increased substance use treatment services, ambulatory services, emergency department services, inpatient hospital services, medical examiner costs, criminal justice costs and law enforcement costs.
The lawsuit also claims that manufacturers created a false perception that using opioids to treat chronic pain was safe and that the drugs’ benefits outweighed the risks by using a coordinated, sophisticated and deceptive promotion and marketing campaign, which began in the late 1990s and became more aggressive around 2006.
Ann Marie Perrotto, a Staten Island woman who lost her 22-year-old son from a prescription opioid overdose in 2011, said it was time pharmaceutical companies were held accountable.
Over a dozen drug manufacturers and distributors are named in the multi-million dollar lawsuit, including OxyContin maker Purdue Pharma.
"We are deeply troubled by the prescription and illicit opioid abuse crisis and are dedicated to being part of the solution," Purdue Pharma spokesperson John Puskar said, adding "We vigorously deny these allegations and look forward to the opportunity to present our defense."
More than 200 lawsuits against drug companies have been brought by local communities across the country, including those in California, Illinois, Kentucky, Ohio and West Virginia. The lawsuits have been consolidated into what is known as "multidistrict litigation," an approach taken when lawsuits of a similar nature are filed around the country.
It was not immediately clear whether New York's suit would be combined with others around the country. New Jersey filed its own lawsuit against the companylast October.
First Lady Chirlane McCray, who leads the city's mental health and substance abuse efforts, said that through the lawsuit, the city "demands transparency and accountability from the nation’s largest opioid manufacturers and distributors who have profited from people’s pain."
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New York City Sues Companies Over Opioid Abuse
Jan 24, 2018 | Click Lancashire (PA)
By Elias Hubbard
Mayor Bill de Blasio announced the lawsuit, saying it seeks to recoup $500 million of costs to combat the epidemic. "The suit targets seven manufacturers and three distributors who are most responsible for creating this crisis".
Renowned photographer Nan Goldin, herself a recovering opioid addict, is waging a campaign to hold the family behind painkiller brand OxyContin accountable for its role in the epidemic.
The defendants include Allergan, Johnson & Johnson, Purdue Pharma and Teva, and distributors such as AmerisourceBergen, Cardinal Health and McKesson.
Sarah Freeman - a spokesperson for Janssen Pharmaceuticals, which is a company of Johnson & Johnson - wrote in a statement that "We maintain that the allegations made in these lawsuits against our company are baseless and unsubstantiated".
De Blasio said he told Trump at the time that he was representing the people's' views on immigration, stop-and-frisk, and income inequality.
Tuesday's filing follows a suit the city leveled against oil companies, similarly accusing them of contributing to climate change, which the mayor announced on January 10.
McMahon also joined the mayor's announcement on Tuesday and described the opioid crisis on the Island as a "plague".
According to Dr. Herminia Palacio, de Blasio's deputy for health and human services, fatal overdoses in New York City jumped 17 percent from 2014 to 2015, and 50 percent from 2015 to 2016.
The district attorney also said that 80 percent of opioid users they deal with on Staten Island started off with prescription drugs.
In 2016, more than one thousand people in New York City died from an opioid-related drug overdose - the highest year on record.
"It is infuriating, it's maddening that we as a society can allow ourselves to get to a position where we have preventable deaths caused by the corporate greed of big pharma", McMahon said.
In its complaint filed in state court in Manhattan, New York accused manufacturers of having for two decades misled consumers into believing that prescription opioids were safe to treat chronic non-cancer pain, with minimal risk of addiction. That's more than the number of New Yorkers who died in auto accidents and homicides combined a year ago.
That is a major issue in New York City and the Tri-State Area given the area's transit problems and aging roads and bridges.
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NYC sues drug companies for $500 mln over opioid epidemic
Jan 24, 2018 | ECNS (CHINA)
By Gu Liping
U.S. biggest city New York City (NYC) on Tuesday sued big drug companies that make or distribute prescription opioids, blaming them for their part in the City's ongoing deadly opioid epidemic.
The lawsuit aims to recover half a billion U.S. dollars in current and future costs that the NYC will incur to combat this epidemic.
"More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years. Big Pharma helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions of Americans in exchange for profit," said NYC Mayor Bill de Blasio in a statement Tuesday.
According to the statement, more than 1,000 people in NYC died in drug overdose which involved an opioid in 2016, the highest year on record. More New Yorkers died from opioid overdoses last year than from car accidents and homicides combined.
The charges that manufacturers' misrepresentations of the safety and efficacy of long-term opioid use and distributors' oversupply of opioids that enable diversion to the illegal market continue to fuel the crisis and significantly contributed to creating and maintaining a public nuisance in the City.
The lawsuit alleges that the opioid crisis caused by manufacturers' deceptive marketing, and distributors' flooding of prescription painkillers into NYC has placed a substantial burden on the City through increased substance use treatment services, ambulatory services, emergency department services, inpatient hospital services, medical examiner costs, criminal justice costs, and law enforcement costs.
NYC now joins hundreds of municipalities across New York State and the nation as it seeks to hold opioid manufacturers and distributors accountable for their illegal actions.
However, many defendants, including Allergan Plc, Endo International Plc, Johnson & Johnson, argued in separate statements the importance of using opioids safely.
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New York City Sues Big Pharma for $500 Million Over Opioid Epidemic
Jan 23, 2018 | Observer
By Madina Toure
Mayor Bill de Blasio and First Lady Chirlane McCray announced that New York City is suing the United States’ largest opioid manufacturers and distributors for $500 million on the grounds that they are responsible for the city’s fatal opioid epidemic.
The lawsuit, filed in New York State Supreme Court on Tuesday, seeks to recover $500 million in current and future costs the city will incur to fight the opioid epidemic.
The manufacturers named in the suit include Big Pharma behemoth Purdue Pharma, which paid one of the largest pharmaceutical fines ever in 2007 for mislabeling its product OxyContin, Teva Pharmaceuticals, Johnson & Johnson and Watson Laboratories, among others. Three distributors are also named in the suit.
“While we’re trying here in this city to find solutions and so many other cities and towns and counties around the country are trying to do the same, who’s getting away with bloody murder right now?” the mayor asked. “The big pharmaceutical companies. That’s what’s really going on. The people who created the crisis are getting away with it. They are not only not paying for what they have done, they’re continuing to do what they started. They haven’t changed.”
The announcement marks the second time this month that the city has filed a lawsuit against big corporations to tackle public health and environmental issues. Earlier this month, the city announced a lawsuit against five of the country’s biggest oil companies, arguing they have contributed to global warming.
De Blasio said the big pharmaceutical companies raked in billions of dollars and profit, while ignoring scientific evidence that made it clear that their products were lethal.
He pointed to statistics from the Centers for Disease Control and Prevention (CDC) indicating that prescription opioid sales quadrupled from 1999 to 2014. And at the peak point in 2012, there were 282 million prescriptions written for opioids in the United States—enough for every adult American to have their own bottle of pills.
The city, de Blasio said, is spending more than $500 million a year to address the epidemic.
“Those that created the problem have to feel the consequences and have to change their ways and have to finally help address the damage they have done,” he continued.
The city noted it has had to increase substance use treatment services, ambulatory services, emergency department services, inpatient hospital services, medical examiner costs, criminal justice costs and law enforcement costs as a result of manufacturers’ misleading marketing and distributors flooding prescription painkillers into the city.
Manufacturers, the de Blasio administration argued, worked to create a false notion that using opioids to treat chronic pain was safe for most patients and that the drugs’ benefits supersede the risks.
The city pointed to what it described as a deceptive promotion and marketing campaign that included unbranded messaging to avoid extensive regulatory framework governing branded communications—communications, the city noted, began in the late 1990s, became more aggressive around 2006 and continue in the present day.
The administration said distributor defendants have the tools to track suspiciously large surges in opioid demand and that they have failed to use those tools to warn public officials about suspicious orders—which they are legally required to do—or to curb the oversupply of opioid pills.
In 2016, more than 1,000 people in the city died in a drug overdose which involved an opioid—the highest year-to-date rate, according to the administration. More New Yorkers died from opioid overdoses last year than from car accidents and homicides combined.
Last year, the city launched HealingNYC, a $38 million initiative to tackle the epidemic.
McCray—who spearheads the city’s ThriveNYC mental health initiative—said that this year, the city is on track to distribute 100,000 naloxone kits. Naloxone is an overdose antidote.
“They have families and friends… they have goals and dreams,” she said. “When we lose them, the people they leave behind are never the same. Our communities are never the same. And when we throw the label ‘addict’ on a person, we strip them of their humanity with that word.”
Dr. Herminia Palacio, the city’s Deputy Mayor for Health and Human Services, said overdose deaths in the city jumped 17 percent from 2014 to 2015 and then 50 percent from 2015 to 2016, with fentanyl involved in nearly half of those deaths.
But she argued that last year, the city saw “that first glimmer of hope.”
“From 2016 to 2017, we expect a flattening of that curve, not another spike,” Palacio said. “We expect the number of overdose deaths to be roughly even year over year. That’s good news, but we have so much work to do. And fortunately, we have many tools at our disposal. We have effective treatments. We have policy. We have people lifting their voices, and we have data to guide us.”
The number of drug overdose deaths has increased within the city in each of the last six years, according to the administration. Rates of drug overdose deaths in the city more than doubled between 2010 and 2016, increasing from 8.2 per 100,000 residents in 2010 to 19.9 per 100,000 residents in 2016.
The Health Department said that while drug overdose deaths affect every neighborhood and demographic in the city, residents of impoverished areas are hit the hardest. And roughly 2.7 million opioid prescriptions were filled within the city each year between 2014 and 2016.
Ann Marie Perrotto, a Staten Island woman whose 22-year-old son Christopher died of an overdose, said her son went from taking to one to two pills a day to 25 to 30 pills a day.
“I’m going to be really blunt: the pharmaceutical companies killed my son, and it’s about damn time we started holding them accountable,” Perrotto said.
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Opioid drug manufacturers accused of ‘murder’ by New York
Jan 24, 2018 | The National
By Rob Crilly
New York city has accused drug manufacturers of “murder” by pursuing a multimillion dollar campaign of misinformation to persuade patients and prescribers that opioid medicines are safe and effective for widespread use without any evidence.
The city is the latest to launch a lawsuit against Big Pharma as it tries to tackle a deadly epidemic that is costing tens of thousands of lives across the nation.
Civic leaders are borrowing tactics first deployed against Big Tobacco to both recover the costs of a public health emergency and to change corporate behaviour.
New York is seeking $500m in damages from what Bill de Blasio, the city’s mayor, described as “corporate drug pushers”.
“Who’s getting away with bloody murder right now? The big pharmaceutical companies,” he said at a news conference in the Bronx.
More than 1,000 people died in the city in 2016 from overdoses including opioids - the name for synthetic and natural opiates covering everything from opium to powerful modern versions such as fentanyl – more than the combined number of deaths from car accidents and homicides.
It represents a local snapshot of a national nightmare.
In 2016, opioid-related overdoses grew by 28% on the previous year, killing more than 42,000 people across the country.
The toll was blamed for a second consecutive annual fall in American life expectancy, an extraordinary reversal after years of improving longevity.
While some people are introduced to opioid drugs on the street, many people become addicted to powerful drugs prescribed almost routinely for chronic pain.
A recent study by the National Institute on Drug Abuse found that one third of American adults were prescribed the drugs in 2015. That is about 92 million people.
High profile deaths have included the pop star Prince, who accidentally overdosed on fentanyl in 2016, and the rock star Tom Petty. His family this week said they hoped his example would illustrate the dangers of such medicines.
The lawsuit lays much of the blame with what it says is the deceptive marketing of drug makers and by distributors bringing large amounts of prescription painkillers into New York.
It targets eight manufacturers and distributors, including Purdue Pharma, Teva Pharmaceuticals, Johnson & Johnson, and Janssen Pharmaceuticals, which deny the allegations.
In particular, it says the problem stems from the 1990s when manufacturers sought to extend the market for drugs that had previously been limited to pain management of terminal cancer patients. They created a new market for the treatment of other chronic pain in the search for “blockbuster profits”.
“The manufacturers’ campaign was and is misleading,” it says. “The Manufacturers knew or should have known, that prescription opioids have never been demonstrated to be an effective treatment for chronic, non-cancer pain outside the scope of palliative care and that they are highly addictive and subject to misuse.”
It adds that there have been no long-term studies to show the safety and efficacy of such drugs, or their suitability for treating everything from migraines to back pain.
Nonetheless pharmaceutical companies spent hundreds of millions of dollars to woo influential doctors and support patient advocacy groups in spreading their message about a new class of wonder drug, it alleges.
“As a result, the number of prescriptions skyrocketed, resulting in misuse and addiction for millions of individuals,” the complaint reads.
John Puskar, director of public affairs at Purdue, said the company was deeply troubled by the illicit opioid abuse crisis and was dedicated to being part of the solution.
“We vigorously deny these allegations and look forward to the opportunity to present our defence,” he said.
Sarah Freeman, a spokeswoman for Janssen Pharmaceuticals, which is owned by Johnson & Johnson dismissed the allegations as “baseless”.
“Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible,” she said.
Cities, states and federal agencies are all trying to grapple with the crisis. New York joins Philadelphia, Delaware, Oklahoma and Chicago in launching lawsuits.
On Tuesday, the Drug Enforcement Administration said it had eased regulations to allow more healthcare professional to prescribe a medication used to treat opioid addiction. Buprenorphine has been credited with helping manage withdrawal and addiction but was seldom available outside cities.
In October, president Donald Trump declared the opioid epidemic to be a public health emergency, but was roundly criticised for failing to offer additional funding.
And this week, a member of the president’s opioid commission, which submitted its final report last month, described his frustration at the lack of money and absence of action.
“Everyone is willing to tolerate the intolerable – and not do anything about it,” Patrick Kennedy, a former Democratic congressman told CNN. “I’m as cynical as I've ever been about this stuff.”
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A Major City Has Just Sued Drug Companies Over the Opioid Crisis — Seeking $500 Million in Damages
Jan 23, 2018 | Independent Journal Review
By William Vaillancourt
New York City Mayor Bill de Blasio announced Tuesday that the city is suing manufacturers and distributors of opioids and seeking $500 million in damages.
“It is a national tragedy,” de Blasio said at a news conference in the Bronx, The New York Times reports. “It needs a national solution.”
Several counties, cities and states ranging from Delaware to Utah have filed lawsuits against companies that manufacture and transport opioid prescription drugs. Some of the companies mentioned in the city's lawsuit include Johnson & Johnson, Purdue Pharma, Teva and Cephalon.
“It's time for Big Pharma to pay for what they've done,” the mayor said.
The city's lawsuit, filed in the New York State Supreme Court, claims that deceptive marketing and an excessive distribution of drugs in the New York market led to the city spending millions of dollars on hospital services, treatment programs and other consequences.
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NYC sues top opioid manufacturers and distributors for more than $500 million
Jan 23, 2018 | Crains New York Business (NY)
By Will Bredderman & Caroline Lewis
The de Blasio administration, which recently announced it would sue fossil-fuel companies for causing global warming, said Tuesday it will bring a similar action against the painkiller industry in response to the opioid crisis.
Mayor Bill de Blasio announced the city had filed suit in state Supreme Court seeking more than $500 million from Purdue Pharma, Teva Pharmaceuticals, Johnson & Johnson, Janssen Pharmaceuticals, Endo Health Solutions and Allergan, along with several of their subsidiaries and affiliates. The suit also includes three distributors of the drugs: McKesson Corporation. Cardinal Health, Inc. and AmerisourceBergen Corp.
This declaration comes less than two weeks after de Blasio revealed his office would drag five fossil-fuel companies into court for menacing the city with rising sea levels. Just as with the oil giants, the mayor compared the opioid industry with tobacco peddlers, claiming it knowingly propagated a dangerous and addictive product while misleading the public about the risks.
"It's time for Big Pharma to pay for what they have done. It's time for them to be held accountable," said de Blasio, flanked by the family members of former opioid addicts, at a press conference in Bronx. "To deal with the lifetime needs of those who have been addicted, the cost is staggering. So it's time for these pharmaceutical companies to forfeit some of their ill-gotten gains."
A press release from the mayor said the legal action seeks to recover the city's current and future costs of dealing with opioid abuse. At the press conference, the mayor, citing law-enforcement, fire and health agencies, said, "This city alone is spending over a half-a-billion [dollars] a year to address the opioid epidemic—half-a-billion." His office did not immediately respond to an inquiry over how it calculated that figure.
The suit mirrors hundreds of others that states, cities and counties across the U.S. have brought against Big Pharma for its role in the opioid epidemic, according to Paul Hanly Jr., the lawyer whom the city hired to pursue the case. Hanly Jr. also represents several New York counties that have combined their cases against pharmaceutical companies.
“I’m certainly hopeful there will be a national settlement,” said Hanly Jr., who has likened the scope of the litigation against the pharmaceutical industry to past cases against tobacco companies. “That would be in the interest of everyone, including the City of New York.”
City Corporation Counsel Zachary Carter said the city and its peers hoped to bring "maximum pressure" against the industry to discourage what he described as its "deceptive practices." He asserted that the Food and Drug Administration approved prescription painkillers for only "limited purposes" and for a short time. But the manufacturers and distributors encouraged patients and physicians to utilize them for chronic pain, even though users had to continually increase their dosage to have the desired effect, and risked becoming hooked on the pills.
"Through deceptive marketing practices, they attempted to persuade—that is, the pharmaceutical industry—both doctors and the general patient community that risk could be managed," said Carter.
De Blasio and Carter said the city would pay Hanly and his firm solely out of the anticipated award.
The defendants pushed back on the city's accusations.
“We vigorously deny these allegations and look forward to the opportunity to present our defense," Purdue Pharma, the maker of OxyContin and other opioids, told Crain's in a statement.
The company’s response to the lawsuit primarily focused on its efforts to prevent opioid misuse and overdose.
“Although our products account for approximately 2% of the total opioid prescriptions, as a company, we’ve distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed three of the first four FDA-approved opioid medications with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone,” said Purdue, referring to an overdose antidote.
Skeptics caution that there’s little evidence that pills with “abuse-deterrent properties” are substantially less prone to misuse than the original formulations. Opioid abusers who initially became dependent on prescription drugs have increasingly turned to heroin, which is less expensive and more readily available.
In 2007, Purdue and its leadership pleaded guilty to federal charges that it had falsely advertised OxyContin and paid around $635 million in penalties.
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NYC sues big pharma for $500M for role in opioid epidemic
Jan 24, 2018 | GK MEN
By Bennie Garza
Mayor Bill de Blasio announced the lawsuit on Tuesday, saying it seeks to recoup $500 million of what the epidemic has cost the city, which he says will be reinvested into fighting opioid addictions and overdoses.
The lawsuit alleges that manufacturers misrepresented the safety of long-term opioid use and distributors oversupplied opioids, leading to the opioid crisis and a "substantial burden" on New York City because of increased substance use treatment.
In 2016, more than one thousand people in New York City died from an opioid-related drug overdose - the highest year on record.
Corporation Counsel Zachary Carter, the de Blasio administration's top lawyer, compared both lawsuits with successful litigation in the 1990s against tobacco manufacturers. That's more than the number of New Yorkers who died in auto accidents and homicides combined past year. "It's time that they are held accountable".
The defendants include Allergan, Johnson & Johnson, Purdue Pharma and Teva, and distributors such as AmerisourceBergen, Cardinal Health and McKesson.
New York City is suing the nation's largest opioid manufacturers and distributors in an effort to hold them accountable for what officials call their role in the city's ongoing opioid epidemic.
"This marks the first time the Academy will own our own offices and a real piece of the Big Apple", Portnow, a NY native, said. "That said, we deny the allegations contained in this lawsuit and intend to vigorously defend the Company".
The mayor and first lady last March launched HealingNYC, a $38 million initiative to address the opioid epidemic.
"I'm going to be really blunt, the pharmaceutical companies killed my son, and it's about damn time we started holding them accountable", Perotto said.
Opioids, including prescription painkillers and heroin, played a role in 42,249 U.S. deaths in 2016, up 28 percent from 2015 and 47 percent from 2014, according to the U.S. Centers for Disease Control and Prevention. "New York City is where salsa was born; contrary to some other people's claims, New York City is where hip-hop was born; New York City is where the American punk music scene was born".
McMahon also joined the mayor's announcement on Tuesday and described the opioid crisis on the Island as a "plague".
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Hogan wants Md. to sue opioid manufacturers, turn jail into treatment center
Jan 23, 2018 | The Washington Post
By Fenit Nirappil
Maryland Gov. Larry Hogan (R) called Tuesday for the state to sue opioid manufacturers and distributors and ordered a study on converting a shuttered Baltimore jail into a treatment facility, part of his broader efforts to combat the drug crisis.
Hogan’s office is also proposing legislation that would increase penalties for those trafficking high volumes of fentanyl — the leading cause of unintentional overdoses — and a bill allowing first responders to share overdose data, as they do in the majority of states.
“I am committed to doing everything in our power to bring those responsible for this scourge to justice and prevent future victims,” Hogan said in a statement.
The governor’s announcement directed Attorney General Brian Frosh (D) to consider lawsuits against opioid companies, without naming any, and to direct any settlement proceeds generated by those suits to addiction prevention and treatment programs.
But Frosh said his office is already involved in a 41-state investigation into opioid companies and doesn’t need the governor’s permission to sue them.
“It’s like a rooster taking credit for the sun rise. He’s directing us to do stuff we are already doing,” Frosh said in an interview. “All we need from him are resources.”
Frosh also accused Hogan of undercutting his office’s ability to combat the opioid crisis by not including funding for four lawyers dedicated to the issue in his annual budget. He says he did get authorization from the governor to hire outside counsel.
A Hogan spokesman fired back that Frosh has 36 vacant positions in his office.
“Instead of wasting his staff’s (and everyone else’s) time complaining about verb semantics, he should focus more of his energy on helping us combat the opioid crisis,” said Doug Mayer.
Hogan and Frosh are also feuding over Frosh’s efforts to sue President Trump’s administration. The General Assembly last year passed legislation allowing the attorney general to sue the federal government without the governor’s authorization, which had been required by state law.
But Hogan did not include funding for such litigation in his budget proposal, suggesting the funding instead could come from legal winnings generated by Frosh’s consumer protection division.
That funding dispute was first reported by The Baltimore Sun.
Hogan’s latest opioid proposal comes on the heels of years of work on the issue. It’s also personal: He lost a cousin to a heroin overdose years ago. Opioid-related deaths have been on the rise in Maryland and surpassed 1,000 in the first half of last year, according to preliminary state data.
[In Maryland’s 6th congressional district, opioids are a campaign issue]
In March, Hogan declared a state of emergency over the crisis and committed $50 million over five years to beef up enforcement and treatment.
He signed legislation last year that requires health providers to prescribe the lowest effective dose of an opioid, enhances sentences for drug dealers prescribing fentanyl and makes the overdose antidote naloxone available without a prescription.
Democratic legislative leaders say addressing addiction is a priority for the legislative session, which began this month and ends in April. House Speaker Michael E. Busch (D-Anne Arundel) hosted a Tuesday summit on opioids.
Opioids are also a key campaign issue as Hogan seeks a second term in November.
Former NAACP President Ben Jealous, one of seven vying for the Democratic gubernatorial nomination, this week called for additional state funding for treatment and naloxone.
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Maryland officials announce measures to continue fighting the opioid epidemic
Jan 23, 2018 | ABC 47 (MD)
By Tahja Cropper
Maryland officials unveiled plans for continuing the fight against the opioid epidemic including suits against drug manufacturers and distributors.
On Tuesday, Governor Larry Hogan announced his administration's 2018 anti-opioid initiatives including treatment, prevention, enforcement, and budgetary actions.
According to officials, the following are among the state administration's efforts to combat the heroin and opioid crisis along with authorizing Attorney General Brian Frosh to file suit against select opioid manufacturers and distributors on the grounds that they have misled the public and helped to create the addiction crisis that is gripping the state and the nation:
A feasibility study will be conducted on converting a portion of the former Baltimore City Men's Detention Center into a therapeutic detention facility in efforts to provide treatment for individuals with substance use disorders and other behavioral health ailments.Gov. Hogan will introduce the Overdose Data Reporting Act allowing emergency medical services providers and law enforcement share data about opioid overdoses. This would allow first-responders to distribute information and resources including life-saving naloxone.Legislation was announced that would strengthen Maryland's Volume Dealer Law, which allows the prosecution of high-level drug traffickers who who deal large amounts of drugs. This would expand the bill to include fentanyl and include additional penalties for those dealing five or more grams of this extremely lethal additive.-Gov. Hogan's fiscal year 2018 budget includes $13.7 million in new funding for the state's response to the heroin and opioid epidemic and $3 million in grant funding for local boards of education to implement prevention and education programs in addition to the $159 million initially dedicated to non-Medicaid substance use disorder and addiction programs."As the first governor in the country to declare a true state of emergency in response to the opioid epidemic, I am committed to doing everything in our power to bring those responsible for this scourge to justice and prevent future victims," said Governor Hogan.
In reference to the the authorized possible lawsuits, a stipulation was apparently made that all of the proceeds recovered in the suits must be directed toward innovative and new opioid treatment, prevention, and education programs.
In reference to Gov. Hogan's announcement, Maryland Attorney General Brian Frosh released the following full statement:
"Governor Hogan often issues a press release saying he has 'directed' us to do something after we have asked for his approval. As he has done here.
The Consumer Protection Division is already involved in ongoing investigations and actions against manufacturers and distributors of opioids. We have multiple attorneys working tirelessly to advance these efforts. Our Criminal Division has prioritized combatting the heroin epidemic by focusing on dismantling the most dangerous drug organizations across the State. Since its inception in 2015, the Organized Crime Unit has indicted dozens of drug traffickers. The Unit, in coordination with local, State, and federal prosecutors and law enforcement agencies, is currently investigating dozens more cases. We simply do not have sufficient resources, however, given the enormity and urgency of this effort.
To continue to wage war against this epidemic, the Office of Attorney General requested four additional positions—two in our Consumer Protection Division and two in our Criminal Division. Our request was denied by the Governor."
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Hogan wants to turn closed city jail into treatment center
Jan 23, 2018 | Fox 45 News WBFF (MD)
By Bryna Zumer
Maryland Gov. Larry Hogan is proposing some new initiatives to fight the opioid epidemic in 2018, including letting the Attorney General sue some opioid manufacturers and turning part of downtown Baltimore's defunct jail into a special treatment center.
The state will conduct a feasibility study on turning part of the former Baltimore City Men's Detention Center, part of the massive jail complex on Eager Street, into "a therapeutic detention facility to provide treatment for incarcerated individuals with substance use disorders and other behavioral health ailments," according to a press release Tuesday from Hogan's office.
The study will be done by a consultant chosen by three state offices. Hogan ordered the jail to be shut down in 2015.
"Our system of justice must hold criminals who traffic deadly drugs into our communities accountable for the destruction they cause, but we must draw a distinction between high-level dealers and nonviolent users who are struggling with addiction," said Lt. Governor Rutherford in the news release.
About 60 percent of Baltimore inmates suffer from substance use, and 30 percent suffer from mental illness, according to the news release.
Hogan-Rutherford Administration Announces 2018 Anti-Opioid Initiatives
Hogan also issued a directive to Attorney General Brian Frosh authorizing a potential suit against certain opioid manufacturers and distributors "on the grounds that they have misled the public and helped to create the addiction crisis gripping Maryland and the nation," according to the news release.
Other proposed anti-opioid initiatives include enhanced data-sharing among law enforcement and medical officials, as well as expanding a law aimed at prosecuting high-level drug traffickers to include the highly-potent fentanyl and related products.
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Revere Sues Pharma Cos. Over Opioids, Boston Might Follow
Jan 23, 2018 | Law360
By Christine Powell
Revere on Monday joined a growing chorus of Massachusetts cities to accuse several drug manufacturers and distributors of deceptively marketing and illegally diverting prescription opioids, while Boston Mayor Martin Walsh announced that the city is considering bringing its own such litigation.
Revere's 171-page complaint asserts claims under the Racketeer Influenced and Corrupt Organizations Act, and also makes public nuisance, negligence, fraudulent misrepresentation, civil conspiracy and deceptive trade practices claims. The city seeks to recoup costs it has incurred as a result of an increased reliance on opioids and the resultant spikes in addiction and overdoses.
Revere claims that the manufacturers intentionally and “aggressively advertised to and persuaded doctors to prescribe highly addictive, dangerous opioids” and “turned patients into drug addicts for their own corporate profit.” It alleges that the distributors intentionally “breached their legal duties under federal and state law to monitor, detect, investigate, refuse and report suspicious orders of prescription opiates.”
Named as defendants in Revere’s lawsuit are: Amerisourcebergen Drug Corp., Cardinal Health Inc., Mckesson Corp., Purdue Pharma LP, Purdue Pharma Inc., The Purdue Frederick Co. Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA Inc., Cephalon Inc., Johnson & Johnson, Janssen Pharmaceuticals Inc., Janssen Pharmaceuticals Inc.; Noramco Inc., Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Allergan PLC, Actavis Inc., Watson Laboratories Inc., Actavis LLC, Actavis Pharma Inc., Mallinckrodt PLC and Mallinckrodt LLC.
The complaint asserts the RICO claims only against Purdue, Cephalon, Janssen, Endo, Mallinckrodt, Actavis, McKesson, Cardinal and AmerisourceBergen, while the other claims are asserted against all of the defendants.
Also Monday, Boston Mayor Walsh said in a statement that his office is “exploring mass tort litigation against several pharmaceutical companies that irresponsibly saturated the market with opiates, knowingly putting consumers at risk for addiction.”
Walsh said the process will formally begin when he sends out requests for information Feb. 5, with which he seeks input from “law firms, researchers and other interested parties” to help inform the city’s approach to the potential litigation.
"I strongly believe that the pharmaceutical industry is the main offender and sustainer of the opioid crisis," Walsh said. "Their distribution and marketing of narcotics is unforgivingly reckless, causing irreversible devastation to our families and significant damages to cities nationwide. ... Now is the time to finally hold the pharmaceutical industry responsible."
In the Bay State alone, the cities of Greenfield, Woburn and Burlington have already launched their own lawsuits seeking to hold major drug companies responsible for the opioid crisis, using much of the same language in their complaints as Revere did this week.
And across the country, several other state, local and tribal governments have filed similar lawsuits, including the city of New York. Many of the disputes have been centralized in multidistrict litigation that will play out in the Northern District of Ohio.
President Donald Trump declared the opioid epidemic a public health emergency in October. Shortly afterward, a special White House commission unveiled sweeping recommendationsto tackle the crisis, including new payment policies for health care providers, changes to criminal sentences, increased screening of imports and closer scrutiny of employer health insurance.
According to the National Institute on Drug Abuse, more than 90 Americans die of opioid overdose every day. And in Massachusetts, the opioid-related death rate has surpassed the national average in the past few years, according to the state department of public health.
Peter M. Merrigan of Sweeney Merrigan Law, one of the attorneys representing Revere, said in a statement Tuesday that "this litigation is about standing up to the manufacturers and distributors of opioids who, in flooding Massachusetts communities with opioids, have knowingly caused this crisis. In holding these companies accountable, we seek to secure damages that both recoup past economic costs incurred by Revere while also securing abatement damages to facilitate long term recovery."
Meanwhile, Purdue said “we are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution" and "we vigorously deny these allegations and look forward to the opportunity to present our defense.”
The Healthcare Distribution Alliance, on behalf of McKesson, Cardinal Health and AmerisourceBergen, emphasized that the companies simply serve as middlemen to get drugs from manufacturers to providers.
"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," HDA senior vice president John Parker said in a statement.
Janssen said "we believe the allegations in the lawsuits against our company are both legally and factually unfounded. Janssen has acted in the best interests of patients and physicians with regard to its opioid pain medicines, which are FDA-approved and carry FDA-mandated warnings about possible risks on every product label."
The city of Revere is represented by Thomas T. Merrigan, Peter M. Merrigan and Jonathan Tucker Merrigan of Sweeney Merrigan Law, Richard M. Sandman of Rodman Rodman & Sandman PC, Peter J. Mougey of Levin Papantonio Thomas Mitchell Rafferty & Proctor PA, Paul T. Farrell Jr. of Greene Ketchum Farrell Bailey & Tweel LLP, J. Burton LeBlanc IV of Baron & Budd PC, James C. Peterson of Hill Peterson Carper Bee & Deitzler PLLC and Anthony J. Majestro of Powell & Majestro PLLC.
Counsel information for the defendants was not immediately available.
The case is City of Revere v. AmerisourceBergen Drug Corporation et al, case number 1:18-cv-10124, in the U.S. District Court for the District of Massachusetts. -
PG County Suing The Entire Opioid Industry
Jan 24, 2018 | Bowie Patch (MD)
By Dan Taylor
Prince George's County has announced a lawsuit "all facets of the opioid business" as an addiction crisis mounts in the county and nationwide.
Prince George's County Chief Executive Rushern Baker, joined by other local officials, will announce the lawsuit at Fire Station 26 at 11 a.m. on Wednesday. The county has hired the firm of Napoli Shkolnik, PLLC, to serve as legal counsel, according to a county statement.
The county claims that the opioid industry is "causing addiction as well as increased use of resources to combat the growing problem," the statement reads.
"Over the last several years, we have seen a dramatic rise in opioid and fentanyl overdose deaths and the detrimental impact they have had on our residents as well as our government," Baker said in the statement. "PGFD paramedics are running twice as many opioid and fentanyl overdose calls as they have in previous years and our Health Department has been working tirelessly to promote public education, prevention, and identify resources regarding opioid abuse. The scourge of this health crisis is affecting Prince Georgians countywide.
"Families are losing loved ones to overdose deaths and need financial resources to get family members help from addiction," Baker continued. "This crisis is also costing the County government and it is incumbent upon us to hold the opioid manufacturers accountable for the damage they have done to our communities."
Opioid addiction has become a nationwide epidemic. More than 183,000 Americans have died from opioid-related overdoses in the last 16 years, and death rates continue to rise.
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Fourteen cities, towns join lawsuit against drug companies in opioid crisis
Jan 24, 2018 | The Valley Breeze (RI)
By Nicole Dotzenrod
Fourteen Rhode Island municipalities are filing public nuisance lawsuits against five pharmaceutical drug manufacturers and three wholesale drug distributors for their role in the ongoing opioid epidemic, Lt. Gov. Dan McKee announced at North Providence Town Hall on Monday.
Drug manufacturing companies are accused of pushing highly addictive, dangerous opioids while claiming to doctors that patients would only rarely become addicted, allegedly denying and trivializing the risks of opioids while overstating their benefits. Pharmaceutical distributors are accused of breaching their legal duties under the Controlled Substances Act of 1970 to monitor, identify, investigate and report suspicious orders of prescription opioids.
McKee and municipal leaders are working with a consortium of local and national law firms to hold pharmaceutical companies accountable, with the goal of regenerating revenue that Rhode Island communities have lost fighting the opioid crisis.
The municipalities currently involved with the suit are Barrington, Bristol, Burrillville, Central Falls, Coventry, Cumberland, East Providence, Johnston, North Providence, Pawtucket, Richmond, Warwick, West Greenwich and West Warwick, with additional communities expected to join the coalition in the coming weeks.
“The opioid epidemic is creating pressure on our health care facilities and our law enforcement agencies resulting in rising costs, a strain on resources and concerns about safety,” said McKee during Monday’s news conference. “Rhode Island continues to bear the burden of the cost of the epidemic, as the cost of treatment for addiction and law enforcement continues to rise, this lawsuit gives our municipalities the opportunity for relief.”
The wholesale drug distributors listed as defendants in the suit are McKesson, Cardinal Health and AmerisourceBergen Drug. The manufacturers listed as defendants are Perdue Pharma, Teva Pharmaceutical Industries, and its subsidiary Cephalon, Johnson & Johnson, and its subsidiary Janssen Pharmaceuticals, Endo Health Solutions, and Allergan, Activis and Watson Pharmaceuticals.
More than 1,000 Rhode Islanders have died in the opioid crisis over the last five years, with overdose deaths increasing by more than 90 percent from 2011 to 2016. Despite the steady increase in opioid-related deaths year over year, opioids remain the most prescribed class of drugs in the United States.
“We lost 336 Rhode Islanders (to opioids) in 2016. In 2011, we lost 144. The numbers have doubled,” said Dr. Michael Fine of Blackstone Valley Community Health Care. “When we were at 144, we were losing the equivalent of an entire airliner as if it had crashed. Now, it’s two.”
The opioid epidemic hits close to home for Jim Magazine, one of the attorneys involved in the lawsuit. His 18-year-old daughter was prescribed Oxycontin following surgery to remove her wisdom teeth. “Fast-forward 12 years, she’s a felon. She has gone to prison. Her daughter was born addicted to opiates. My granddaughter is now my daughter,” he said.
Another personal anecdote came from Johnston mayor Joseph Polisena, a former registered nurse, EMT and retired firefighter who responded in 1986 to his younger brother’s overdose. His brother survived, but was one of the lucky ones, said Polisena.
“We need to hold drug companies totally responsible for what they’ve done, nationwide, to our society,” he said. “They know what happens when people ingest their product. They have the data. This is not a Democratic or Republican issue. This is an issue of saving our fellow human beings. Let’s roll up our sleeves and get to work … the nonsense has to stop.”
The lawsuit, a civil RICO (Racketeer Influenced and Corrupt Organizations) Act case, will be filed in federal court in 10 days, according to the legal team. Each town will concurrently file an independent claim in federal court, citing individual damages related to the opioid epidemic. The pretrial phase of the suit will be heard by the U.S. District Court’s Northern District of Ohio. If prosecutors are unable to come to a resolution, the cases will go to trial in Rhode Island.
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Jan 23, 2018 | Albany TimesUnion (NY)
By Paul Nelson
The recent lawsuit filed by Saratoga County against pharmaceutical companies will for the time being be consolidated with dozens of other similar actions in New York, a lawyer representing several Capital Region counties said.
Joseph Ciaccio, an attorney with Mahattan-based Napoli Shknolnik PLLC, said Tuesday that the firm is representing more than 20 counties in New York, some of whom have not yet formally taken legal action "but will be filing very soon."
Besides Saratoga, he said Rensselaer county has also filed suit and that Warren and Schoharie counties are "in the process" of doing it.
Ciaccio said that for the time being the civil cases are being "coordinated with one judge in Suffolk County," which is different from a class action suit that would have consolidated them. The Suffolk County jurist was selected to oversee the cases because that's where the first lawsuit in New York against the pharmaceuticals was filed and that individual was familiar with these type of cases, said Ciaccio.
"Every county has their own individual case because every counties' damages and case may be slightly different, but in order to make it easier to handle all these cases, both on the plaintiffs and defendants, there's a law in place in New York that allows for the coordination of cases," said Ciaccio. "They'll be joined as one case for now in terms of handling all the preliminary process and discovery and then the plan would be that if the cases do eventually go trial, they'll be separated back to each individual county."
He said they are seeking compensatory damages from five major drug manufacturers and three big distributors across the country and few in the state.
Defendants named in the suit include Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc., Janssen Pharmaceuticals, Inc., American Medical Distributors, Inc. and Everyday Wholesale Drugs, Ltd.
The suit alleges that brand name prescription opioids include Oxycontin and Percocet and generics like oxycodone and hydrocodone are "addictive and subject to abuse."
"The U.S. is now awash in opioids," the complaints state, adding the drugs in 2012 generated $8 billion in revenue for drug companies.
In many instances, the language in complaints filed on behalf of Saratoga and Rensselaer counties by the law firm is identical.
It states in part that "this case is about one thing: corporate greed" where defendants "put their desire for profits above the health and well-being of ... consumers at the cost of plaintiff" and that they spent millions of dollars annually to provide and pay for health care, pharmaceutical care and other necessary services and programs for needy residents on the prescription of opioids manufactured, marketed, promoted, sold, and distributed by the defendants.
The complaint also contends that in 2014 the number of opioid-related overdoses rose faster in New York that any other state in the nation.
That same year, there were 345 opioid-related emergency admissions in Rensselaer county, a 67.5 percent increase from 2010.
In 2014, Saratoga County recorded 366 opioid-related emergency department admissions, up nearly 18 percent from 2010.
Ed Kinowski, Saratoga Board of Supervisors chairman, views the problem in his community as an epidemic that has taken a heavy toll on the community.
"We're looking for damages because it's putting an undue stress on all our agencies, from mental health to social health to public health to our sheriff's department, not only at the county level but at the township level," he said.
He said the problem is so widespread that it affects people from all walks of life and that elected officials need to do their part to curtail the problem.
"The opioid use is systemic across all age groups, all income levels, and whether you're a suburbanite or a city dweller or a country dweller, it doesn't matter," said Kinowski.
"The use of pain medicines and the illicit drugs is huge and we need to combat them."
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Onondaga County blames opioid manufacturers and distributors for heroin crisis, files lawsuit
Jan 24, 2018 | WYSR (NY)
By Andrew Donovan
Onondaga County is suing the manufacturers, distributors and others it says are responsible for the growing opioid crisis.
County Executive Joanie Mahoney and Legislature Chairman Ryan McMahon told NewsChannel 9 Tuesday that the county has filed a lawsuit and retained counsel.
In 2016, there were 142 unintended opioid-related deaths within Onondaga County, according to the county executive's office.
Onondaga County reports that the number of opioid-related deaths has more than tripled since 2012 and that the opioid-related deaths involving fentanyl has increased 250% between 2015 and 2016.
Onondaga County is asking to recoup the cost of fighting the epidemic, including on employee healthcare costs and public health insurance.
County Executive Joanie Mahoney says:
“The opioid epidemic is a serious and growing problem and our community is not immune to it. Too many families and lives are destroyed by these dangerous drugs and this lawsuit is a major step forward in our effort to combat this crisis from both a public health and legal perspective.” Onondaga County has the highest rate of opioid overdose deaths among Central New York counties. The rate in Onondaga County is 27.1 per 100,000 population compared to 16.7 per 100,000 in NYS excluding NYC.
Ryan McMahon, Chairman of the Onondaga County Legislature, says:
“Combating the opioid epidemic has been a main priority of the County Legislature and this lawsuit is another step towards holding accountable the responsible parties. Whether allocating funds for our health department or supporting the work of our other community partners, the Legislature remains committed to providing the resources necessary to bring an end to this crisis.”
No prescribing doctors are named in the lawsuit, but several companies are:Purdue Pharma, L.P.Purdue Pharma, INC. The Purdue Frederick Company, INC.Cephalon, INC.Teva Pharmaceutical Industries, LTD.Teva Pharmaceuticals USA, INC.Johnson & JohnsonJanssen Pharmaceuticals, INC.Ortho-McNeil-Janssen Pharmaceuticals, INC.Endo Health Solutions INC.Endo Pharmaceuticals, INC.Mallinckrodt, PLCMallinckrodt, LLCAllergan, PLCActavis, PLCWatson Pharmaceuticals, INC.Watson Laboratories, INC.Watson Pharma, INC.Insys Therapeutics, INC.Amerisourcebergen Drug Corporation Cardinal Health, INC.McKesson Corporation4 individuals
NewsChannel 9 has reached out to all the companies named in the lawsuit and some have responded:
Allergan:
“It is important to put into perspective Allergan’s role regarding opioids. Allergan’s two branded opioid products – Norco and Kadian – account for less than 0.08% of all opioid products prescribed in 2016 in the U.S. These products came to Allergan through legacy acquisitions and have not been promoted since 2012, in the case of Kadian, and since 2003, in the case of Norco. Allergan has a history of supporting -- and continues to support -- the safe, responsible use of prescription medications. This includes opioid medications, which when sold, prescribed and used responsibly, play an appropriate role in pain relief for millions of Americans.”Janssen Pharmaceuticals, Inc.:
We maintain that the allegations made in these lawsuits against our company are baseless and unsubstantiated. Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible. At the same time we recognize that opioid abuse and addiction are serious public health issues that must be addressed. Finding those solutions will require collaboration among many stakeholders across the country. We look forward to being a part of the ongoing dialogue and finding ways to address the crisis.
Teva Pharmaceuticals:
"Teva is committed to the appropriate use of opioid medicines, and we recognize the critical public health issues impacting communities across the U.S. as a result of illegal drug use as well as the misuse and abuse of opioids that are available legally by prescription. To that end, we take a multi-faceted approach to this complex issue; we work to educate communities and healthcare providers on appropriate medicine use and prescribing, we comply closely with all relevant federal and state regulations regarding these medicines, and, through our R&D pipeline, we are developing non-opioid treatments that have the potential to bring relief to patients in chronic pain. Teva also collaborates closely with other stakeholders, including providers and prescribers, regulators, public health officials and patient advocates, to understand how to prevent prescription drug abuse without sacrificing patients’ needed access to pain medicine."
Purdue Pharma:
“We are deeply troubled by the prescription and illicit opioid abuse crisis, and are dedicated to being part of the solution. As a company grounded in science, we must balance patient access to FDA-approved medicines, while working collaboratively to solve this public health challenge. Although our products account for approximately 2% of the total opioid prescriptions, as a company, we’ve distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed three of the first four FDA-approved opioid medications with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone. We vigorously deny these allegations and look forward to the opportunity to present our defense.”
Healthcare Distribution Alliance, representing McKesson, Cardinal Health and AmerisourceBergen:
“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.”AmerisourceBergen:
“AmerisourceBergen and other wholesale drug distributors are responsible for getting FDA-approved drugs from pharmaceutical manufacturers to DEA-registered pharmacies, based on prescriptions written by licensed doctors and health care providers. Our role in doing so is quite widespread across different therapies, with the distribution of opioid-based products constituting less than two percent of our sales.
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 New York, on ways to combat opioid abuse.”
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Onondaga County files lawsuit against drug companies over opioid crisis
Jan 24, 2018 | CNY Central (NY)
By Like Parsnow
Onondaga County officials announced Tuesday they have retained counsel and filed a lawsuit against pharmaceutical companies, manufacturers and distributors in an attempt to hold them responsible for the growing opioid crisis.
The Onondaga County Legislature said back in July they were planning on suing opioid manufacturers, a move that has been made by several counties across New York state and the country. Oneida County announced back in December it was exploring similar legal initiatives.
"The opioid epidemic is a serious and growing problem and our community is not immune to it," said County Executive Joanie Mahoney. "Too many families and lives are destroyed by these dangerous drugs and this lawsuit is a major step forward in our effort to combat this crisis from both a public health and legal perspective."
Onondaga County has the highest rate of opioid overdose deaths among central New York counties, officials said. The number has more than tripled since 2012, and in 2016, there were 142 unintended opioid-related deaths within the county.
In addition, Onondaga County also has the third highest rate in the state for newborn drug-related diagnoses.
"Combating the opioid epidemic has been a main priority of the County Legislature and this lawsuit is another step toward holding accountable the responsible parties," said County Legislature Chairman Ryan McMahon. "Whether allocating funds for our health department or supporting the work of our other community partners, the Legislature remains committed to providing the resources necessary to bring an end to this crisis."
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EBR files suit against major opioid manufactures
Jan 23, 2018 | CBS 9 WAFB (LA)
By Marcus Brown
Mayor-President Sharon Weston Broome announced the parish is taking a strong stance against the opioid crisis and are suing the manufacturers and distributors.
Broome announced at a press conference on Monday that East Baton Rouge Parish has filed a lawsuit against five of the largest manufacturers of prescription opioids, calling opioid addiction an epidemic.
Broome says in her conversation with other mayors across the nation, one of the biggest issues that they all face, including East Baton Rouge Parish, is the opioid crisis.
Based on the latest data from the Centers for Disease Control and Prevention, 9.2 opioid prescriptions were dispensed for every 10 residents in EBR Parish in 2016, amounting to nearly one opioid prescription for every man, woman, and child.
While this number is way too high and well above the national average, it is down than prior years, Mayor Broome says.
Broome said in the press conference East Baton Rouge Parish has filed suit against five of the largest manufacturers of prescription opioids and their related companies and against the country’s three largest wholesale drug distributors.
Broome says the manufacturing companies pushed highly addictive, dangerous opioids, falsely representing to doctors that patients would only rarely succumb to drug addiction, while the distributors breached their legal duties to monitor, detect, investigate, refuse, and report suspicious orders of prescription opioids.
“As Mayor-President, I am determined to do everything in my power to stop this epidemic from further destroying the lives of the people of Baton Rouge,” Broome said. “But until we address the source of this epidemic and force drug makers and distributors to follow the law, we will continue to face an uphill battle.”
East Baton Rouge Parish Coroner William "Beau" Clark spoke on the pharmaceutical companies and diagnosing opioid prescriptions.
Clark says although pharmaceutical companies initially said opioids weren't addictive in treating pain, that's not the case.
"In the end, what they did was, they lied," Clark said at the press conference.
Clark also spoke on using opioids for treatment. He says the risks outweigh the benefits when using opioid prescriptions for pain treatment.
"I firmly believe that the use of opioids for the treatment of any pain should be done in a very, very rare circumstance," Clark said. He said chronic scenarios such as cancer would be an example of the use of opioids.
Newly sworn-in Police Chief of the Baton Rouge Police Department Paul Murphy said every city in American understands the crisis the parish is going through right now. He spoke of a tragic story that occurred just last week after a mother overdosed on opioids who had a child in the car with her.
"The state has to care for that child," Murphy says. "It is time that we start holding those accountable who played a significant role in this current issue."
"This has to stop," Murphy said.
Chad Guillot with Baton Rouge Emergency Medical Services said this crisis affects those of every walk of life throughout the parish and they are training other first responders to treat overdoses.
"We're doing education with the fire departments in the parish to use Narcan, which is a drug that can countereffect the opioids," Gile said.
East Baton Rouge Parish has hired expert law firms, experienced in holding the powerful pharmaceutical industry accountable. Those firms include Baron & Budd; Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor; Greene Ketchum Bailey Farrell & Tweel; Hill, Peterson, Carper, Bee & Deitzler; and McHugh Fuller Law Group.
Attorney Burton LeBlanc with Baron & Budd said pharmaceutical distributors clearly violated their federal duty when it comes to the management of opioid prescriptions
"When there's an opioid prescription for every man, woman, and child in the parish for the past nine years," said. "The distributors clearly violated their federal duty, continued.
"The system is broken, if the system wasn't broken we wouldn't be here today," Burton said.
EBR joins a growing list of city and county governments across the country taking action against the drug manufacturers and distributors for fueling the opioid crisis in their communities.
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Baton Rouge files lawsuit against opioid drug makers
Jan 23, 2018 | Greater Baton Rough Business Report (LA)
By Staff
Baton Rouge Mayor Sharon Weston Broome, claiming opioid manufacturers are responsible for doctors writing prescriptions without monitoring usage or warning patients of the highly addictive nature of opioids, announced East Baton Rouge Parish was suing pharmaceutical companies for their role in the area’s opioid epidemic.
The lawsuit, filed in a Baton Rouge federal court, names five of the largest manufacturers of prescription drugs and their related companies as defendants, accusing them of engaging in misrepresentation, fraud and violating the Racketeer Influenced and Corrupt Organizations and the Louisiana Products Liability acts to dump millions of dollars of prescription opioids into the community.
“The people of Baton Rouge continue to bear the burden of the cost of the epidemic,” Broome says in a news release.
There were between 103 to 131 opioid prescriptions per 100 persons in Baton Rouge from 2006 to 2014, Broome says, citing data from the Centers for Disease Control and Prevention. The EMS administered over 737 doses of naloxone to overdosing individuals last year.
“That is more than one opioid prescription for every man, woman and child,” she says. “The numbers have gone down slightly in the past two years, but are still too high, hovering at over nine opioid prescriptions for every 10 residents of East Baton Rouge Parish in 2015 and 2016. The pharmaceutical industry, not the taxpayer, should pay for the damages caused by this crisis.”
The city-parish, according to the lawsuit, is seeking compensation for the past and future cost of combating the opioid epidemic, an “abatement fund” to reduce the crisis and damages to cover the cost of medical care and treatment for those suffering from opioid addiction. The lawsuit also seeks to recover expenses incurred by law enforcement agencies fighting the epidemic, among other things.
The possibility of Baton Rouge suing opioid drug makers began last fall, with Broome supporting a Metro Council item in October to hire Baron & Budd to litigate the case. The council approved the measure in December. Baron & Budd, one of several firms involved in the Baton Rouge lawsuit, is currently litigating dozens of opioid lawsuits across the country. Firms from Baton Rouge involved in the suit: Murray & Murray; Jackson, Vance, Morrison; and the James Law Office, which is the practice of state Rep. Ted James, who served on Broome’s transition team.
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Walton County looks to join opioid legal battle
Jan 23, 2018 | WJHG (FL)
By Danielle Ellis
Another local county is looking to join the fight against opioid addiction.
Tuesday, Walton County Sheriff Michael Adkinson asked commissioners to seek legal representation in the ongoing drug battle.
Like many other counties, they want to be able to take legal action to recoup costs spent dealing with the opioid crisis.
"There is a real spectrum of costs and human factors that are involved in this and, again, it's not just the fiscal costs. Obviously we have to try and find ways to mitigate the addiction issues and the cost of the whole system if you will," Sheriff Adkinson explained.
Commissioners said money possibly won from litigation could be used to pay for training and education to break the opioid addiction.
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Jasper joins in fight against opioid
Jan 24, 2018 | Newton County Times (AR)
By Staff
The Jasper City Council passed a resolution recognizing the national opioid epidemic and joined a coalition of Arkansas municipalities intent on litigating opioid manufacturers and distributors. The Arkansas Municipal League recently proposed a lawsuit accusing the companies of "borrowing a page from Big Tobacco's playbook" by downplaying the risks of using opioids -- addiction, in particular -- and overstating the benefits of using the drugs.
The 13 listed defendants include Johnson & Johnson; Purdue Pharma; Janssen Pharmaceuticals, which is based in Belgium; Cardinal Health; McKesson Corporation, and Activis Pharma, which is based in Ireland.
The 72-page lawsuit says the defendants "formed an opioid marketing enterprise in violation of Arkansas law for the purpose of illegally promoting the widespread use of opioids for chronic pain."
According to the Opioid Litigation Engagement Letter sent to municipalities: "In consideration of the legal services to be rendered by Counsel, the contingent attorneys' fees for the services set forth in this Engagement Letter shall be a total gross fee of 25 percent of the Recovery, which sum shall be divided among Counsel.
"There is no fee for the services provided herein unless a monetary recovery
acceptable to the municipality is obtained by Counsel in favor of the municipality, whether by suit, settlement, or otherwise ("Recovery")."
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Jan 24, 2018 | The Columbus Dispatch (OH)
By Kimball Perry
Franklin County hires exterior legal professionals in opioid lawsuitJanuary 24, 2018 Kaplan Contributor
Kimball Perry The Columbus Dispatch
In hiring outside lawyers Tuesday to represent it in a national lawsuit, Franklin County wants opioid manufacturers and distributors to pay for treatment and other services the epidemic will cost in the future.
“We thought this was the most sensible approach,” Franklin County Commissioner John O‘Grady said Tuesday, moments before the county hired Taft, Stettinius & Hollister in Columbus and the West Virginia law firm of Greene, Ketchum, Farrell, Bailey & Tweel, which now represents more than 150 governments suing opioid manufacturers and distributors.
The commissioners and the federal judge in Cleveland presiding over the massive, combined civil lawsuits agree that the first goal is to stop the flood of opioids and ensure they are accessible only to those who need them for true medical issues.
“This is more about the abatement,” O‘Grady added. “How do we address this going forward? How do we address what the cost is going to be … of fixing this problem going forward? How do we address the families (of those addicted or who died of an overdose) and the need of those families?”
Franklin County joins about 200 other governments in suing opioid manufacturers and distributors, including Dublin-based Cardinal Health, accusing them of being a public nuisance and helping to create a public-health crisis caused, at least in part, by prescription painkillers. Those opioid manufacturers and distributors insist they‘ve done nothing wrong and are unfairly being blamed.
Last year, Franklin County adopted an Opiate Action Plan. It calls for the county Alcohol, Drug and Mental Health Board to spend $20 million this year battling the opioid epidemic. Commissioners also added $6 million from the county‘s budget for that fight. That money helped fund a 55-bed treatment facility that opened last week in Merion Village. A big complaint from emergency workers was the lack of treatment beds in Franklin County, so overdose cases often walked out of the hospital emergency room before the ambulance that brought them in had left.
The money is needed because there were 4,329 drug overdose deaths in Ohio in 2016, the second-highest rate in the U.S., which had 63,600 drug overdose deaths that year.
The judge presiding over the federal lawsuit also believes the first priority should be to stem the flow of opioids to lessen the deaths.
“(M)y objective is to do something meaningful to abate this crisis and to do it in 2018,” U.S. District Judge Dan Polster told both sides Jan. 9.
Treatment, the judge stressed, is more important now than blame.
“I don‘t think anyone in the country is interested in a whole lot of finger-pointing at this point, and I‘m not, either,” Polster said.
The opioid crisis “is 100 percent man-made. Now, I‘m pretty ashamed that this has occurred while I‘ve been around.”
David Butler, the managing partner of Taft‘s Columbus office, insists that Franklin County will be a major player in the suit because it is the largest Ohio county, in the middle of the state, already provides addiction treatment and other services, and has the medical infrastructure and expertise needed.
It “will play a pivotal, unique, key role for the overall solution to Ohio,” Butler said Tuesday.
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Franklin joining opioid lawsuit
Jan 24, 2018 | Daily Journal (OH)
By Michele Holtkamp
Franklin has joined communities across the nation in suing the makers and distributors of prescription pain pills in a lawsuit that alleges they flooded communities with drugs that have caused an addiction epidemic.
The city council decided to take part in the federal lawsuit in anticipation of any judgments that could result against the makers of opioids. Financial payments or other judgments, such as assistance in paying for Narcan or the construction of clinics to treat addicts, could help Franklin in addressing the crisis.
Greenwood and more than a dozen Indiana cities and counties are part of a federal lawsuit that claims that the companies have flooded their communities with the addictive painkillers and engaged in deceptive marketing campaigns that helped lead to a growing crisis. Many of the lawsuits, filed in U.S. District Court in Indianapolis, are nearly identical, claiming the manufacturers aggressively pushed highly addictive, dangerous opioids and falsely represented to doctors that patients would only rarely succumb to drug addiction.
The lawsuits are being consolidated in a multi-district litigation effort in U.S. District Court in Cleveland and will include lawsuits from other states. The defendants include opioid makers Purdue Pharma, which produces OxyContin and has no affiliation to Purdue University, Teva Pharmaceuticals and Jannsen Pharmaceuticals, as well as distributors Cardinal Health, McKesson and AmerisourceBergen.
Johnson County Commissioner Ron West said that he had been contacted and had participated in conference calls with attorneys in New York and Chicago about joining the lawsuits, but he would not be in favor of the county joining the lawsuits. He said the doctors who over-prescribe pain pills are to blame, and any changes would make it more costly and cumbersome for patients who have a legitimate need for opioids.
“They’re the ones who will end up suffering through that,” West said.
The lawsuits target the drug makers with deep pockets because it is easier than pursuing doctors, West said. He also doesn’t accept the argument that drug markers should have been more honest about the possibility of addiction, noting a lawsuit settlement from more than 10 years ago that mentioned that and that he as a layperson knows that pain pills can be addicting.
“I hate to say it, but it’s just a money grab by local governments,” West said of the lawsuits.
Franklin city attorney Lynn Gray said she was contacted about Franklin joining the lawsuit six months ago, but she wanted to see how the case developed before advising the city on whether to join. She brought the matter to the city council this week because she doesn’t want the city to miss out on payments that could help the community recover from the addiction epidemic.
Nearly every day, residents are calling police to report that someone stole their medications, or broke into their home and police are finding the items pawned for drug money. The city also faces the cost of responding to medical calls when a person overdoses or other emergency calls related to the epidemic, plus the human toll of the loss of life or broken families. The rate of opioid prescriptions and the number of emergency room visits due to an overdose also point to the challenge that local communities are facing.
The city council voted 5-0 to join the lawsuit. Mayor Steve Barnett also was in favor of joining the suit.
Gray has been monitoring the lawsuit and said that the judge wants to try or settle the case by the end of 2018 because 150 people are dying across the country every day from an opioid overdose.
If the communities are successful in their suit, they could get damages and compensation that would pay for past and future expenses of addressing the opioid crisis, including medical care, rehabilitation and therapy, along with law enforcement and public safety costs. Gray likened the financial settlement that could result to that of tobacco lawsuits, where companies had to help pay for smoking cessation efforts.
The city doesn’t have to pay any money up front to join the lawsuit, but the attorneys involved in the effort get a portion of any settlements.
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County joins mass tort lawsuit
Jan 23, 2018 | CCHeadliner (MO)
By Amelia Wigton
The Christian County Commission voted unanimously Jan. 18 to join a mass tort lawsuit against opiate manufacturers and distributors for money the county has spent working to curb the opioid epidemic.
“There is a problem here. This is a problem that was not accidental. These drug companies have created this problem,” said Attorney Jack Garvey, with Carey Danis & Lowe based out of St. Louis. “The threat of opioids released by these companies in this county and other counties like this is what caused this problem in this country. (The lawsuit) is to recoup your costs both in the past and the future of what this county has spent.”
Before the vote, Western Associate Commissioner Hosea Bilyeu asked why the lawsuit targets drug manufacturers and distributors, and not the doctors. Garvey was quick to answer.
“Doctors were lied to. They were misled by the companies’ own sales reps,” he said. “The drug companies published false literature, touting the benefits ... They created this idea that someone needs to be pain free when they have a malady.”
Eastern Associate Commissioner Ralph Phillips, who has a background in law enforcement, said he’s seen this first-hand.
“You see it with Xanax. Almost everyone you arrest with drugs has a prescription of Xanax laying around,” he said. “Any step trying to curb that has got to be helpful.”
The commission first discussed the possibility of joining the lawsuit on Jan. 8, after a lengthy discussion with Garvey.
Ozark Attorney Patty Shilling, with Styron & Shilling, will be helping locally on the case. Before the vote, Presiding Commissioner Ray Weter asked her opinion.
“I think it would be good for the county. I believe that we definitely have a problem with opioid abuse and I do think that somewhere in the medical field it all shifted to where these drugs were being pushed and brought into the market in great numbers,” she said. “I don’t see where the county would go wrong in pursuing the matter.”
Jasper and Jefferson counties have also joined the mass tort lawsuit, and Garvey said he’s in discussions with other communities, including Springfield and Greene County.
“I’ve got some mixed feelings of the likelihood of it being beneficial, but it’s not costing anything. And, like Sheriff (Brad) Cole said, if it helps one person, it’s worth it,” Bilyeu said.
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Jan 23, 2018 | Forbes
By Daniel Fisher
There will be a lot of familiar faces in U.S. District Judge Dan Polster’s courtroom in Cleveland on Jan. 31, when lawyers gather for a hearing on multidistrict litigation against the nation’s opioid manufacturers and distributors.
The prospect of the biggest payday since the $200 billion tobacco settlement in 1998 has drawn many of the same plaintiff lawyers who appear again and again in big tort cases over everything from VW diesels to Vioxx to the BP Deepwater Horizon disaster.
It’s such a common scenario that one prominent legal scholar has devoted a significant chunk of her career to documenting what she calls the “systemic pathologies” that develop when a small group of repeat players dominate the business of MDLs.
These lawyers “form what looks like an oligopoly,” said Elizabeth Burch, a professor at the University of Georgia School of Law. “The same five lawyers are involved in practically every proceeding.”
Indeed, Paul Hanly, appointed by Judge Polster to serve as one of two lead counsel overseeing the plaintiff side of the opioid litigation, is a name partner in Simmons Hanly Conroy, where fellow name partner Jayne Conroy is one of those five individual attorneys on Burch’s repeat-player list.
And five of the 16 law firms on the plaintiffs’ steering committee – the Lanier Law Firm, Seeger Weiss, Lieff Cabraser, Motley Rice and Weitz & Luxenberg – also appear among Burch’s list of the 10 firms that most often supply lead counsel to MDLs.
Proponents of the MDL process say that’s a good thing. Congress created the MDL in 1968 with a law designed to streamline many of the procedures at the outset of complex litigation, including court-overseen evidence-gathering known as discovery.
Law firms on both sides, plaintiff and defense, bring huge amounts of money and staff to bear on what has become a highly specialized, multibillion-dollar business.
“Is it the usual suspects? If that is true, there are good reasons for it,” said James Young of Morgan & Morgan, who represents a number of West Virginia counties suing opioid distributors and manufacturers. “It’s a niche practice. I'm not aware of people who are continually throwing their hats in the ring and are rejected."
Burch’s research reveals the negative side of such concentrated leadership, however. She examined 73 MDLs involving more than 312,000 individual lawsuits and found repeat players held 63% of the available leadership positions. With such close ties, plaintiff lawyers have an incentive to cooperate and squelch dissent, Burch concluded.
That can lead to settlements that provide what defendant companies want – a cessation of the litigation against them – and rich fees for the lawyers, but less-than-optimal results for their clients. A tiny percentage of individual lawsuits return to their original courts for trial once they’ve been sucked into the MDL process, even though it was designed only to simplify pretrial proceedings.
In one example that required substantial sleuthing to uncover, Burch found that lawyers who negotiated a settlement over the heartburn drug Propulsid agreed to such strict medical criteria that only 37 of more than 6,000 plaintiffs qualified for benefits. Plaintiff lawyers -- including Christopher Seeger, who also sits on the opioid steering committee -- netted $26.5 million in fees for a deal that yielded $6.2 million for their clients.
Many of the lawyers leading the opioid litigation also were involved in the Deepwater Horizon MDL in New Orleans, which was marked by acrimony between the lead plaintiff attorneys and others who felt shut out of the action. Tampa, FL, lawyer Brian Donovan has even written a book, “Collusion: Judicial Discretion vs. Judicial Deception,” deploring the Deepwater Horizon litigation and the MDL system in general.
Donovan feels his clients have been shortchanged by a process that sucked their claims into the “black hole” of the coordinated litigation in New Orleans instead of being remanded back to courts in Florida where they can be tried. There has been little action on his cases in seven years, Donovan said, while 19 plaintiff firms have collected $3 billion in fees for negotiating more than $20 billion in settlements with BP and other companies.
“One of the prerequisites to being placed on a plaintiffs’ steering committee is you’re cooperative,” Donovan said. “You don’t make waves; you’re a dealmaker.”
So far, the opioid litigation looks similar to Deepwater Horizon: A profusion of plaintiffs, including government entities, union pensions and healthcare networks, all pursuing lawsuits at the same time as state attorneys general mount their own investigation of the opioid industry.
A settlement is likely, especially since Judge Polster supports a negotiated agreement and Purdue Pharma, one of the biggest opioid manufacturers, has reportedly floated offers with the states.
In frank comments at a Jan. 9 hearing, Judge Polster said “my objective is to do something meaningful to abate this crisis and to do it in 2018.
“People aren’t interested in depositions, and discovery, and trials,” he told a roomful of lawyers in that hearing. “And with all of these smart people here and their clients, I’m confident we can do something to dramatically reduce the number of opioids that are being disseminated, manufactured and distributed.”
The judge said he’ll be talking to both sides privately before the Jan. 31 hearing, when it will be clearer whether a negotiated settlement is in the works. One important topic of those conversations will emerge only later: The fees private attorneys have negotiated as part of the settlement process.
In the VW diesel settlement, U.S. District Judge Charles Breyer approved $300 million in fees for Lieff Cabraser, Weitz & Luxenberg; Motley Rice; Seeger Weiss; Baron & Budd; and other firms, over objections by the Competitive Enterprise Institute that the private plaintiff lawyers didn’t obtain anything their counterparts at the Justice Department and state AG’s offices couldn’t have negotiated themselves.
Ted Frank of CEI’s Center for Class Action Fairness said the VW case provided “a perfect example of why multidistrict litigation needs a competitive bidding process.”
“Dozens of law firms colluded instead of competed,” he said, obtaining “thousands of dollars an hour for providing class members what Volkswagen and the government would have provided anyway.”
In the opioid litigation, most of the plaintiffs are government entities already. And as Judge Polster noted, government has ample resources to deal with the opioid crisis without resorting to litigation.
“Ideally this should be handled by the legislative and executive branches, our federal government, and our state governments,” the judge said. “They haven’t seemed to have done a whole lot. So it’s here.”
Again. With most of the same faces.
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Illinois Supreme Court mulling who gets consolidated opioid cases – Cook Co. or Springfield judge
Jan 23, 2018 | Madison St. Clair Record (IL)
By Staff
Supreme Court Justices must decide whether suits that counties continue filing against opioid manufacturers belong with a judge from Cook County or a judge from Springfield.
Lawyers for several counties moved for consolidation in Cook County on Dec. 28, and lawyers for other counties approved the choice on Jan. 18.
The legal team that filed the motion includes John Simmons’s firm in Alton.
The team that approved the motion includes former Madison County chief judge Ann Callis, now at the Goldenberg firm in Edwardsville.
Manufacturers don’t oppose consolidation, but they oppose Cook County.
They recommend Circuit Judge John Madonia of Springfield, who presides over two suits that the Supreme Court consolidated last year.
When manufacturers moved to consolidate a third case before Madonia, the Justices denied the motion without prejudice.
They stalled because they don’t know how many more counties will sue.
A third team of lawyers joined the action in December, filing a complaint for Lake County at the local circuit court in Waukegan.
That team includes Joseph Rice, of Motley Rice in Mount Pleasant, S.C.
Rice serves as one of three leaders for plaintiff lawyers in federal court actions that the U.S. Judicial Panel on Multi District Litigation consolidated in December.
Callis and colleagues started the Illinois action last April on behalf of St. Clair County, as special counsel to state’s attorney Brendan Kelly.
They allege consumer fraud and deceptive practices, claiming manufacturers misrepresented benefits and risks of their products.
Manufacturers removed the complaint to U.S. district court on June 9.
On June 26, Callis and colleagues sued on behalf of Union County in the courthouse at Anna, and on behalf of Jersey County in the courthouse at Jerseyville.
On Sept. 18, at the Supreme Court, manufacturers moved to transfer Union County’s suit to Jersey County.
Jersey County belongs to the state’s Seventh Judicial District, which extends to Springfield.
Purdue Pharma counsel Troy Bozarth, of HeplerBroom in Edwardsville, wrote that the complaints were almost entirely word for word.
Bozarth wrote that defendants would move to dismiss both for failure to state a claim and for lack of jurisdiction.
The Supreme Court granted the manufacturers’ motion to transfer on Sept. 29.
Jersey County’s only resident circuit judge, Eric Pistorius, recused himself.
Seventh Circuit Chief Judge John Belz replaced him with Madonia, a circuit judge at large with chambers and court in Springfield.
By then, Simmons had entered the picture.
Amy Garrett of his firm sued for Kankakee County at the courthouse in Kankakee, and manufacturers moved to transfer the suit to Jersey County.
Eric Johnson of the Simmons firm opposed the motion, writing that the Supreme Court didn’t grant consolidation of all actions in Jersey County.
“It is now clear that defendants’ prior motion to consolidate was nothing more than a strategic ploy to manufacture a venue for future filings that it considered favorable for eventual statewide consolidation,” Johnson wrote.
He wrote that only four counties filed suits, making transfer questions premature.
The Kankakee County action was “only a foreshadowing of the many more related actions to be filed in the coming weeks and months,” he wrote.
He wrote that the Justices should deny consolidation without prejudice, until the Court could consider it on a more fully developed landscape of litigation, and defendants could renew the motion after conferring with opposing counsel on appropriate venues.
He persuaded the Justices, who denied the motion without prejudice on Nov. 3.
The Simmons firm and new colleagues from St. Charles, Ill., then filed suits for Cook, DuPage, Kane, McHenry, and Will counties, each county in its own court.
On Dec. 28, on behalf of Kankakee County, Peter Flowers of St. Charles moved to consolidate all actions in Cook County circuit court.
He wrote that Cook County consented to the motion.
He indicated that Boone, Bureau, Champaign, Henry, Macon and Stephenson counties would file actions within a few weeks.
He wrote that consolidation of the Jersey and Union actions was “warranted, and thus uncontested.”
He wrote that Madonia would have to travel 80 miles to hear the action.
On Jan. 4, defendants Purdue, Frederick, Cephalon, Teva, Johnson & Johnson, Janssen, and Endo pleaded for proceedings to continue in the Seventh Judicial Circuit.
Their lawyers wrote that the circuit was particularly appropriate given the nature of the actions brought on behalf of the people of the state of Illinois.
“The various state governmental subdivisions, purporting to act on behalf of the state through actions brought by state’s attorneys, should not be heard to object to such matters being heard in the state Capitol,” they wrote.
They wrote that the circuit is centrally located and that no rule of procedure would require Madonia to travel to Jerseyville.
On Jan. 18, Union and Jersey counties endorsed consolidation in Cook County.
Thomas Lech of Goldenberg’s firm wrote, “There are no cases in this litigation with any connection to Sangamon County.”
He wrote that Jersey and Union counties weren’t aware that Kankakee County would file a consolidation motion.
“It was only after internal conferencing and a close examination of the realities and emerging demands of this litigation, that Jersey and Union counties decided to support transfer to Cook County,” Lech wrote.
He wrote that all three groups of plaintiffs support Cook County, indicating that Rice approved it.
Callis also filed the response, as did Gregory Jones of Goldenberg’s firm.
Eric Holland and Seth Crompton of St. Louis also filed it.
The first Illinois case, from St. Clair County, wound up in Cleveland.
The U.S. Judicial Panel on Multi District Litigation swept it up with other federal suits and assigned them all to District Judge Dan Polster.
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Okla. AG, State Opioid Commission, recommend bold action to combat rising epidemic
Jan 24, 2018 | Red Dirt Report (OK)
By Heide Brandes
Oklahoma Attorney General Mike Hunter and members of the Oklahoma Commission on Opioid Abuse released its findings and recommendations Tuesday on ways to combat the opioid epidemic in Oklahoma, a plan that also includes taxing opioid manufacturers, distributors and wholesalers.
The nine-member commission has met six times a period of five months to address the issue of opioid addition in Oklahoma, and the final report released includes recommendations for legislation, policy and rule changes.
The commission created 31 recommendations to address opioid abuse, overdoses and irresponsible prescribing, including mandating the use of electronic prescriptions; criminalizing the trafficking of fentanyl and its equivalent; passing a Good Samaritan Law; requiring medical clinic owners to register with the Oklahoma Bureau of Narcotics and Dangerous Drugs and instituting a tax on manufacturers, wholesalers and distributors of opioids, and use the money as a funding mechanism for opioid addiction treatment.
Other recommendations included fully funding drug courts and other specialty courts throughout the state, reviewing current drug law to determine drug court eligibility and expand eligibility after recent changes in the law which made some drug possession crimes misdemeanor offenses; changing necessary rules with the appropriate boards to require at least one hour of continuing education for all prescribers and pharmacists every reporting period on proper prescribing and the risks of opioids and recognizing addiction and diversion; and creating a statewide emergency department (“ER”) discharge database to study overdose events and aftercare results.
“Since the commission’s formation in April, members have demonstrated and advocated the need for changes to reverse this nightmarish epidemic,” said Hunter.
“Nationwide, the opioid crisis has caused the deadliest drug epidemic in United States history. In 2016, drug overdose deaths in the United States claimed the lives of over 64,000 people. The jump was the largest increase in overdose deaths ever recorded.”
The goal of the commission was to create a list of recommendations to be presented to state lawmakers to curb the opioid epidemic in Oklahoma, he said.
“What we are presenting today is a blueprint for changes to legislation and policy that will establish a much needed framework to further enhance Oklahoma’s response to the opioid epidemic,” Attorney General Hunter said.
“When implemented, we know lives will be saved, more treatment options will be made available, addiction will be diagnosed, diverted and treated, allowing families who have loved ones struggling with addiction to get help and drug dealers will be held accountable. I look forward to seeing the change that will come about because of our work.”
Many of the recommendations will require funding, but Hunter said the state needs to invest in fighting the opioid challenge.
“It’s an equation that involves supply and demand. The demand side is addiction. If the state doesn’t invest in getting people well and helping people get over their addiction, we are not dealing with the problem,” Hunter said. “There has got to be a priority placed on funding treatment programs. We’ve come up with a remedy that will assist in creating a revenue stream to fund this.”
The recommended tax on opioid manufacturers and distributors could generate $14 to $17 million to be used for treatment programs, the commission recommended.
“I’ll be stunned if there isn’t any push back, but we wanted to identify a revenue stream that was connected to the problem,” Hunter said. “We have a product that was intended for good, but causes 1,000 to die each year in Oklahoma. My hope is that they would understand. Pharmaceutical companies should help support funding of treatment for their own product.”
Attorney General Hunter also announced his office acted on the commission recommendation to participate in the First Responder Overdose Program, through the Oklahoma Department of Mental Health and Substance Abuse Services.
“This morning, I signed a memorandum of understanding with the department of mental health to have agents in the Attorney General’s Office trained to carry Naloxone,” Attorney General Hunter said. “We hope leading by example, will send a message to other law enforcement agencies to get involved with this program.”
Among the recommendations of the commission was to expand the 19-community- based Naloxone programs in the state to include homeless shelters and to continue to expand the first responder overdose program through the Department of Mental Health Services.
In April, Hunter proposed legislation to form the commission, and in May, the resolution was signed into law by Gov. Mary Fallin. The members included stakeholders like medical professionals, law enforcement, private sector businesses and mental health and recovery professionals.
Hunter has taken an aggressive stance against opioid manufacturers. The state, along with other states and tribal governments, have filed lawsuits against opioid manufacturers, and in January, a Cleveland County District Judge set a trial date for Oklahoma’s lawsuit against Purdue Pharma, Allergan, Teva and Janssen Pharmaceuticals.
Oklahoma’s lawsuit is the first to receive a trial date.
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Broward County Selects Legal Team to Spearhead Opioid Litigation
Jan 24, 2018 | Law.com
By Celia Ampel
The Broward County Commission approved a team of five law firms to pursue litigation against pharmaceutical companies over their alleged role in the opioid crisis.
The team of outside counsel chosen Tuesday is composed of Haliczer Pettis & Schwamm, Kopelowitz Ostrow Ferguson Weiselberg Gilbert, Lieff Cabraser Heimann & Bernstein, Morgan & Morgan and Robbins Geller Rudman & Dowd. The attorneys will represent the county and the city of Fort Lauderdale.
“We’re honored to have been selected by Broward County to represent it in this historic undertaking and look forward to playing a part with it in hopefully crafting a solution to what is an epidemic that has had disastrous impact on all of our communities,” said Kopelowitz Ostrow shareholder Bobby Gilbert of Coral Gables.
The group emphasized its local ties, its diversity and the fact that three of its lawyers serve as plaintiffs leadership for the opioid multidistrict litigation consolidated in Ohio. The three are Elizabeth Cabraser of Lieff Cabraser in San Francisco, Paul Geller of Robbins Geller in Boca Raton, and James Young of Morgan & Morgan in Jacksonville.
Lieff Cabraser and Robbins Geller were initially on a competing team, but the groups merged to have a better shot, Gilbert said. Lieff Cabraser does not have a Florida office, while Robbins Geller is a national firm with a Boca Raton location. The other three firms all have Fort Lauderdale offices.
“What we brought to the table were extensive local contacts, deep roots in Broward County, deep connections to county agencies and to the people of Florida in general,” Gilbert said. “What our new partners in the team brought were national prominence at the highest caliber.”
Both of the other teams who fought for the commission’s vote also included MDL plaintiffs’ leadership. Motley Rice, Gelber Schachter & Greenberg, and Colson Hicks Eidson made up one team and Simmons Hanly Conroy, Crueger Dickinson, and von Briesen & Roper was the other.
The contract will include a contingency arrangement that caps attorney fees at 25 percent of the net recovery, according to the county. The team will also advance the expenses of the litigation, which will be repaid only out of any financial recovery, among other contract terms.
Broward County will decide where to file the litigation, but it will likely be filed in federal court and become part of the MDL, Gilbert said.
The county intends to sue the same pharmaceutical companies defending opioid litigation around the country, Kopelowitz Ostrow shareholder Scott Weiselberg said. Those typically include Purdue Pharma, Teva Pharmaceuticals USA Inc., Johnson & Johnson and Endo Health Solutions Inc.
The county will also likely go after opioid distributors McKesson, Cardinal Health and AmerisourceBergen, Weiselberg said.
The county attorney’s office, which was not immediately available for comment, met with 12 proposed legal teams before whittling the list to three. The office ranked the shortlist, giving the top spot to the team that was ultimately accepted by the commission.
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Md. governor, attorney general publicly butt heads over opioid initiatives
Jan 24, 2018 | WTOP (MD)
By Kate Ryan
Maryland Gov. Larry Hogan announced actions aimed at the state’s opioid crisis, including suing opioid manufacturers, converting former jail space into a treatment facility and enhancing ways that first responders share data about overdoses.
But the governor’s news release saying he “directed” Attorney General Brian Frosh to sue opioid manufacturers was greeted with some pushback — from Frosh himself.
In a statement released Tuesday afternoon, Frosh wrote “Governor Hogan often issues a press release saying he has ‘directed’ us to do something after we have asked for his approval. As he has done here.”
Frosh said that his Consumer Protection Division was already at work on efforts targeting opioid manufacturers, but he stated “we simply do not have sufficient resources.”
“The Office of the Attorney General,” Frosh said, “requested four additional positions — two in our Consumer Protection Division and two in our Criminal Division. Our request was denied by the governor.”
Frosh also tweeted about the situation. When asked for comment, the governor’s office forwarded a statement from Communications Director Douglass Mayer, who said that Frosh’s office has 36 vacancies and that Frosh has the ability to shift monies to fund his priorities.
“This is about saving lives,” Mayer added, “and snarky press releases and attempts at political point scoring don’t do that.”
Hogan’s office was asked which opioid manufacturers his administration was seeking to target, and how those drug makers “misled” the public. Shareese DeLeaver-Churchill, Hogan’s press secretary, responded by saying those details would be released when the lawsuit is filed.
Hogan’s announcement came on the same day that politicians in other jurisdictions across the country — from New York to Baton Rouge, Louisiana — announced that they, too, would be suing opioid manufacturers.
Prince George’s County Executive Rushern Baker plans on announcing a lawsuit targeting opioid manufacturers Wednesday morning.
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A member of Trump’s opioid commission calls its work “a charade” (EDITORIAL)
Jan 24, 2018 | VOX
By German Lopez
A member of President Donald Trump’s opioid epidemic commission is furious with how the commission’s work has been treated by Trump and Republicans in Congress.
In an interview with CNN, former Democratic Rep. Patrick Kennedy said that the opioid commission’s work has been turned into “a charade” and “sham.” “Everyone is willing to tolerate the intolerable — and not do anything about it,” he said. “I’m as cynical as I’ve ever been about this stuff.”
Trump established the commission last year to study the opioid crisis and figure out how to fight it. Led by then–New Jersey Gov. Chris Christie, the commission released 56 recommendations in a final report and nine other proposals in a preliminary report — which largely focused on dealing with the opioid epidemic as a public health problem.
But the Trump administration has only implemented a couple of the commission’s proposals. It’s also made practically no use of its public health emergency declaration over the crisis (which the commission recommended), following up with no significant funding or policy proposals after the declaration.
“This and the administration’s other efforts to address the epidemic are tantamount to reshuffling chairs on the Titanic,” Kennedy told CNN. “The emergency declaration has accomplished little because there’s no funding behind it. You can’t expect to stem the tide of a public health crisis that is claiming over 64,000 lives per year without putting your money where your mouth is.”
Kennedy is far from alone in his sentiment. I recently spoke to experts and advocates about the opioid epidemic — and none were positive about Trump’s handling of the crisis so far.
Chuck Ingoglia, a senior vice president at the National Council for Behavioral Health, which advocates on addiction issues, summarized the consensus: “A lot of talk, little action. It’s great that the president says this is a priority. It’s great that he convened a task force so we have another paper that says the opioid crisis in America needs attention. But too little has happened to actually do anything about it.”
For experts and advocates, this is hard to understand. Taking action on the opioid epidemic could have been an easy win. It’s an issue that crosses partisan lines, with both Democrats and Republicans angling to do something about it. There’s evidence it’s very relevant to Trump’s own base. While experts talk about needing as much as tens of billions of dollars for the crisis over the next few years, that’s actually not much in federal budget terms — a fraction of a percent for a government that spends trillions a year.
And yet the Trump administration has barely budged. Beyond declaring a public health emergency, the administration has done little to nothing to combat the crisis.
That’s not because the crisis is getting better. In 2016, the latest year with a full official count, there were nearly 64,000 drug overdose deaths in the US — an all-time high. The rise in drug overdose deaths was a big reason that life expectancy fell for the second year in a row in the US, which had not happened since the early 1960s. And the early data suggests that 2017 was worse: According to preliminary figures from the Centers for Disease Control and Prevention, there were nearly 67,000 drug overdose deaths in the 12-month period through June 2017, up from more than 57,000 in the 12-month period through June 2016.
If the worst trends continue, Stat forecast that as many as 650,000 people will die within the next decade — the equivalent of the entire population of Baltimore.
This is the reality facing Trump, the reality in which his administration has responded with next to nothing.Trump has been all talk, no action
“The administration has done very little to combat the opioid epidemic to date,” Gary Mendell, founder and chair of Shatterproof, which advocates on the opioid epidemic, told me. “That doesn’t mean they won’t in the future, but to date, there’s no question that the administration has done very little.”
Here are the most significant steps that Trump and his administration have taken on the opioid epidemic since he took office:Trump launched a commission to study the opioid epidemic and drug addiction, which released its recommendations in November. Only a couple of the commission’s dozens of proposals — which mostly focused on a public health approach, particularly by increasing access to treatment — have been implemented.Trump in October declared a public health emergency over the opioid epidemic — a move that at first sounded promising because it could cut some red tape to getting policy solutions out quickly, but it has been followed with no significant resources to actually deal with the crisis.Trump also announced in October “a new policy” to help overcome a rule that blocks Medicaid from reimbursing services from inpatient facilities that treat “mental diseases,” including addiction, with more than 16 beds. Eliminating this barrier could let states open up more treatment beds, but experts are skeptical a mere regulatory shift will have much of an impact overall.Trump in January signed the INTERDICT Act, which will provide border and customs agents with new tools to detect and stop illicit fentanyl from packages, mail, and passengers.The Department of Justice has continued its efforts to crack down on unscrupulous prescribers of opioid painkillers by promoting law enforcement attempts to shut down pill mills and arrest the doctors involved.
That’s it. No major new funding, nor a push for more funding. No big new strategy. To the extent any money was allocated, it was largely from policies that preceded Trump — such as the Cures Act, which passed in 2016 with then-President Barack Obama’s approval and allocated $1 billion over two years to the opioid crisis.
“He’s done nothing,” Keith Humphreys, a drug policy expert at Stanford University, told me, referring to federal funding in particular. “He did appoint a commission. I think those people did a pretty good job. They were smart, they listened, they came up with a lot of good ideas. And they’ve been ignored entirely.”
The most notable actual policy change is the INTERDICT Act. This law’s effect, however, will likely be greatly limited. The federal government has for decades tried to intercept illicit drugs before they come into the US, but drugs have consistently gotten through in huge numbers anyway. Along these lines, experts are deeply skeptical that any effort to beef up border security, including Trump’s wall, would do much, if anything, to stop the flow of drugs into the US.
Meanwhile, Trump hasn’t appointed anyone to lead the Office of National Drug Control Policy, and the office is mired by staffing problems — including the hiring of a deputy chief of staff who apparently lied in parts of his résumé. The drug czar’s office, as it’s known colloquially, is crucial to coordinating federal efforts on drugs, according to experts.
Trump also has not nominated anyone to head the Drug Enforcement Administration (DEA), which is tasked with enforcing the nation’s drug laws.
In his proposals, Trump has also tried to cut the budget for the Office of National Drug Control Policy by 95 percent — a move that his team initially walked back after facing bipartisan opposition during last year’s budget talks but reportedly may try again this year.
His budget plan also proposed keeping spending for addiction treatment relatively flat, while cutting prevention funding. The administration has also been silent on proposals in Congress to increase funding to the opioid epidemic, including Democratic plans to add tens of billions of dollars in spending to deal with the crisis.
And the administration supported the repeal of the Affordable Care Act, which experts credit with expanding access to addiction treatment.
All of this adds up to the sentiment I heard again and again: “It’s remarkable how little we’ve seen,” Andrew Kolodny, an opioid policy expert at Brandeis University, told me. “There really has been next to no action by the Trump administration other than public statements.”People need action (and money), not talk
The Trump administration’s actions so far, particularly through its establishment of a commission to study the issue, suggest that the opioid epidemic’s solutions are some sort of big mystery.
The reality, experts say, is that while there is no one silver bullet, we have a lot of good ideas about how to deal with the crisis.
One of the big problems is a lack of access to addiction treatment: According to a 2016 report by the surgeon general, only about 10 percent of people with a substance use disorder get specialized treatment. The report attributed the gap, in part, to a lack of supply of treatment — an issue that simply requires more money to deal with.
“I don’t think we don’t know what to do. We do know what to do,” Regina LaBelle, who served in Obama’s Office of National Drug Control Policy, told me. “We need money and the strategy and … political leadership and courage.”
As I previously explained, experts generally agree on what more federal resources should go to: They could be used to boost access to treatment (particularly highly effective medications for opioid addiction), pull back lax access to opioid painkillers while keeping them accessible to patients who truly need them, and adopt harm reduction policies that mitigate the damage caused by opioids and other drugs.
Advocates and experts argue about whether the extra resources should come through Medicaid, block grants for mental health and addiction care, or some other source. The consensus, though, is that much more federal support is needed — in the tens of billions of dollars over the next few years.
“I was just in West Virginia this week. These counties are really devastated,” LaBelle said. “I know that’s been covered a lot. But it’s really something when you talk to a county official and you see how little money they have to put toward the epidemic.”
Some states are attempting to seriously confront this crisis. Vermont, for example, has built a “hub and spoke” system that treats addiction as a public health issue and integrates treatment into the rest of health care. The state was the only one in New England to have an overdose death rate that wasn’t significantly above the national average in 2016. (For more, check out my in-depth breakdown of Vermont’s system.)
But Vermont managed to build this new system in large part with federal dollars, particularly through Obamacare’s insurance expansion and a special Medicaid waiver that states can obtain through the health care law. It’s that kind of federal support that budget-strained states will need to deal with the opioid crisis.
These are the kinds of considerations and ideas that experts say can help the country move toward ending the opioid epidemic.
But in its first year, the Trump administration did nothing to make sure states can set up more programs like Vermont’s. So the opioid epidemic continues, killing tens of thousands of Americans every year.
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Jan 24, 2018 | FBN (FBN)
By National Programming
Video Link: http://app.criticalmention.com/app/#clip/view/32210510?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: new york city filed a $500 million lawsuit against major drug companies over the opioid epidemic. the mayor of new york accuses them of oversupplying the market and misrepresenting the safety of those drugs. betsy mccoy, former lieutenant governor of the great state of new york. china sold the opioid crisis with law courts? >> this is a pr stunt, several other mayors have done it, chicago, indianapolis, cincinnati and bill diblasio likes to do this sort of thing, suing oil companies over global warming but this kind of litigation doesn't have much of a shot because to prove negligence you have to show recklessness. selling fda approved drugs, manufacturing fda approved drugs is reckless. only 13% of patients treated in the emergence room for overdoses ever perceived for claim. and prescribing these drugs and the opioid epidemic is very tenuous. some distributors, different from manufacturers had to pay settlements to the federal government for failing to prudently identify very large and suspicious orders for these drugs and that may happen again. stuart: the drug companies themselves will not be on the hook.
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Jan 24, 2018 | WPIX (CW)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210475?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: the blasio administration filing a fight hundred million dollar lawsuit against description drug companies in connection with the deadly opioid epidemic sweeping the city. mayor de blasio took center stage accusing paid pharma and corporate drug pushers, saying manufacturers use deceptive marketing to give the false impression of opioids are safe to use for chronic pain. perdue, johnson and johnson are included among the companies named in the lawsuit, one mother in attendance lost her son to opioids spoke out. >> i'm up here because i'm going to make sure i finish of the journey my son started me on. before i see him again. that means going after not just the drug dealers on the streets but the drug dealers in the office towers. >> more than 8000 people died in the city from drug overdoses including zero pewits, that's more than the number of murders and traffic deaths in the city combined.
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Jan 24, 2018 | NY1HDSI (Spectrum News)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210490?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: mayor de blasio and first lady chirlane mccray file a lawsuit against the country's largest opioid manufacturers, claiming they are to blame for the deadly cris. the lawsuit intends to recover half a billion dollars in current and future costs the city would incur fighting the epidemic. in 20-16, more than one thousand people in new york city died from an opioid-related drug overdose -- the highest year on record. more new yorkers died from opioid- related overdoses last year than from car accidents and homicides combined. "big pharma hooked millions of americans on these drugs, deceived people and the human cost has been inestimable. at the same time, they made billions of dollars in the process." the lawsuit alleges the opioid cris was caused in part by manufacturers' "deceptive marketing. purdue and johnson & johnson
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Jan 24, 2018 | N12LI (News 12)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210517?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: new york city has filed a 500-million dollars lawsuit against the manufacturers of opioid drugs. it claims drugmakers created a false feling that opioiddrugs were safe in treating chronic pain. the big drug companies now face more than 200 lawsuits because of the drug epidemic.
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Jan 24, 2018 | WNYW (FOX)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210540?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: yes, let's ask bill diblasio if he thinks -- one i think the mayor felt worked out to print the mayor was here and 9:02 AMhe came live to our studio and we discussed a whole wide range of topics including the turmoil at nature, the gun control is resting congestion control and the opioid crisis what the mayor wants to hold the drug companies like liable to they had filed a 5 million-dollar lawsuit against distributors and opioid companies. they say most of the deaths were in the bronx and here's what he had to say about the crisis. >> these companies systematically hooked america on drugs that we really didn't need and that is the bottom line. hundreds of millions of prescriptions a year at the high point and what that meant for new york city is we have literally lost thousands of people. the opioid makers systematically tried to convince people that there was not a danger that you could use these drugs for all sorts of different situations not including the ones they were originally supposed to be used for. lori: some of the companies in the lawsuit gave statements to "fox 5 news" yesterd acknowledging the opioid crisis but denying the allegations made in the suit.
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Jan 24, 2018 | WNBC (NBC)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210652?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: new york is filing a half billion dollar lawsuit. it is to recover the cost of fighting the epidemic here in the city. according to mayor de blasio nearly 1,000 people died in the city of an overdose involving an opioid in 2016. >> why were these companies so callous? because they were making so much money. >> the health care distribution alliance responded with a statement that said, we understand the tragic impact the opioid epidemic has on communities across the country. we are deeply engaged in the issue but not willing to be escape goats.
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Jan 24, 2018 | WCBS (CBS)
By New York, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210659?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: another local issue here and across the country, the opioid epidemic. the mayor is suing major drug companies. the lawsuit claims companies ignored scientific evidence that their product was legal and raked in billions in profits. a mother says her son christopher was given opioids for a minor back injury. the straight-a student and athlete die of an overdose in 2011. >> big pharma hooked millions of americans on these drugs. >> the pharmaceutical companies killed my son. christopher was addicted within a week. he went from one to two pills a day to three to four. then to ten to 12 pills a day. and then to 25 to 30 pills a day. >> the mayor says last year, more new yorkers died from opioid overdoses and traffic incidents combined.
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Jan 24, 2018 | WSYR (ABC)
By Syracuse, NY
Video Link: http://app.criticalmention.com/app/#clip/view/32210458?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: ondaga county taking a new path to protect against opioid addiction - why the county is suing drug makers. jennifer: good morning... i'm jennifer sanders... it's six o-clock. dan: i'm dan cummings... thanks for joining us. with your forecast first, here's storm team meteorologist kate thornton. kate: live doppler 9 shows snow showers across cny this morning. a few snow showers as you wake up wednesday otherwise cloudy blustery and cold. temperatures hold in the 20s. more on the forecast coming up. jennifer: 6:02 AMondaga county says it's time to start holding people and organizations accountable for the growing opioid crisis in central new york. dan: the county is taking aim at pharmaceutical companies, drug manufacturers and distributors -- filing a federal lawsuit. the county accuses several companies, including johnson and johnson, janssen and teva, of misleading customers and doctors. the county says these companies knew the pain- killers they make are addictive and can be harmful in long-term use. in some cases, addicted patients eventually turn to illegal street drugs.a government study found that people addicted to prescribed opioids are forty times more likely to be addicted to heroin. joanie mahoney: " we're seein tripling the number of opoid deaths. and we're seeing fentanyl, legal opioids, illegal opioids and it's becoming so prevalent, that we have the right to ask for accountability and that's what we're doing." dan: we've reached out to all the companies named in the lawsuit -- and have heard back from some of them.. jennifer: the healthcare distribution alliance, representing mckesson, cardinal health and amerisource- bergen, says in part .. "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." dan: a spokesperson for janssen says... " we maintain that th allegations made in these lawsuits against our company are baseless and unsubstantiated. our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible." jennifer: and purdue pharma says it follows c-d-c guidlines and... quote. 'we vigorously deny these allegations and look forward to the opportunity to present our defense." dan: as we told you yesterday... a new approach to the distribution of overdose reversal drugs is taking effect in central new york.
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Jan 24, 2018 | WTTG (Fox)
By Washington D.C.
Video Link: http://app.criticalmention.com/app/#clip/view/32210534?token=e5604a61-4500-48e8-846b-5135722c94cc
Rough Transcript: right now. opioid abuse is a nationwide epidemic and maryland is certainly not immune. new numbers show dramatic jump in the number of overdose deaths from 240 in the first half of 9:14 AM2010 to 1,029 in the first half of 2017. more than four times as many in seven years. since governor larry hogan declared the opioid crisis a public health emergency the state has made what it calls an unprecedented invention in treatment and recovery resources free state taking a step further with series of executive actions to fight the drug abuse and here to tell us what that includes lieutenant governor boyd rutherford who joins us from annapolis. lieutenant governor, good to see you this morning. i know there have been many talks over the years. a recent round table this week to talk about this with county officials as well. what are we doing from the executive stand point now? >> well, we have been working on this issue actually since we were campaigning now four years ago that the governor had said once elected that he would convene a task force to come up with suggestions on how to address this challenge and we've been working on over the last three years. what we announced just yesterday was a couple of innovative 9:15 AMapproaches. one dealing with the city jail in baltimore which the state runs that aft the governor closed it two years ago, i guess almost three years ago when he closed the infamous jail, we have now proposed and in rebuilding that jail that we will convert it to a secure treatment facility. about 60% of the jail population is coming in either addicted to substances typically heroin or suffering from mental health issues, and may be the quinn nation of the two. so we feel that it would be an innovative approach some other local jails have taken similar approaches but not the combination of both mental health and substance abuse. so that's probably the most innovative program that we're proposing. we're also proposing legislation to increase the number of treatment professionals that are available to treat those who are 9:16 AMcurrently suffering from the disease, and as well as we ask the attorney general to go after some of the opioid manufacturers those who have been flooding the states with these drugs haven't led in many cases to the challenges we have today. >> i want to get a handle on how big this epidemic is. you're the lieutenant governor of state of maryland right now. but you're a d.c. guy. you grew up here. you're aware of what the crack epidemic did to washington d.c. years ago and a lot of people here in d.c. and a lot of our viewers remember that. >> yes. >> how do you categorize or characterize this current epidemic when it comes to opioids? >> well, i think the big difference is the amount of people who are dying from heroin and particularly now the inclusion of fentanyl which is synthetic opioid which is 100 times more powerful than heroin that is being brought in and 9:17 AMmixed with not only is it mixed with heroin but mixing it with cocaine as well and people are dying from that. the number of people, you mentioned how many people died in the first half of this year, last year, total overdoses which included alcohol in maryland was 2,000. but from heroin alone it was over a thousand. i think it was over 1700 from heroin a loan which is now more people are dying from that than murder rate which is, you know, very high as well and auto accidents. so it is significantly different in terms of the impact it is having on lives. and i want to say that for every person that, um, that dies from heroin overdose, there are about nine people that survive, and those nine people are still addicted. they're still suffering. so we have to find ways to get to those individuals to get them to treatment. get them willining to through treatment so they don't become the next fatality. >> one of the steps that you 9:18 AMtake that you just mentioned is authorizing the attorney general to go after some of these distributors, some of these manufacturers of opioids. the attorney general and this is no stranger playing partisan politics here fired right back and said, look, we asked the governor's office for more positions to tried to this and our request was denied. what's the response there? >> well, that's not exactly accurate. um, he had asked for money so he could sue the trump administration and not necessarily to do this. he has 36 vacant positions currently funded in his office. so he has enough resources to -- to go after whoever he wants to go after, um, and in addition with regard to the additional money resources that he asked for he's asking for now last year when he got authority from the legislature he told them that he didn't need additional resources. 9:19 AMso, upping, it's like you said it's a little bit of the politics that gets played this time of the year. >> the key right now is it's stopping the next death when it comes to overdoses. before we let you go, lieutenant governor, do you feel now obviously this is well documented. >> absolutely. >> we talk about the number of deaths that increased over the years. are we getting a handle on this or is this a problem that we'll get worse before it gets better? >> well, i think there is light at the end of the tunnel. we're seeing that those who are dying from just heroin and those that are dying from prescription opioids, those numbers are leveling off to the point that they're going down. now our numbers we will see third quarter numbers the end of this week and some preliminary numbers that i've seen it looks like the heroin and opioid overdoses are going down. the problem is, there's much more of a mixture of fentanyl along with the other drugs heroin, cocaine and in some cases other drugs like prescription opioids, and that's what's killing people. and in many cases the person, the user, doesn't realize. doesn't know that this is not heroin that they're getting. but it is fentanyl and it's just too strong and it's killing. so that is the negative side. we think the prevention efforts are starting to work. we're very hopeful with regard to what the innovative approach with the jail because i understand the jail -- the personal is only serving on average 120 days. so if you don't address the issues that they have during that time, they're going to come back out and at best they're going to commit crimes again and come back maybe worse crimes, but in many cases they're going to come out and overdose and d die. >> maryland officials taking executive act. lieutenant governor thanks so much for joining us this morni morning.
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