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Opioid Litigation Daily Media Report - 2/8/18
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Atty Negotiating Teams Set In Opioid MDL
Feb 7, 2018 | Law360
By Jeff Overley
An Ohio federal judge on Wednesday created negotiating teams for attorneys in sprawling multidistrict litigation over allegedly reckless opioid sales, the latest move to steer the massive case toward settlement. -
Montgomery County files suit against opioid drug companies
Feb 7, 2018 | The Washington Post
By Jennifer Berrios
Montgomery County has filed suit against more than a dozen manufacturers and distributors of opioids, joining a host of municipalities across the state and the country that have brought similar complaints. -
Montgomery County’s Lawsuit Against Opioid Manufacturers Expected To Be Folded into Larger Federal Case
Feb 7, 2018 | Bethesda Magazine (MD)
By Andrew Metcalf
Attorneys representing Montgomery County filed a lawsuit in U.S. District Court in Greenbelt Tuesday against opioid manufacturers and distributors to try to stop the companies’ advertising practices and recoup money the county has spent addressing the epidemic of overdoses caused by opioid addiction. -
Lawsuit Against 14 Opioid Companies Filed By Montgomery County
Feb 7, 2018 | Rockville Patch (MD)
By Cameron Luttrell
As the costs of combating the opioid epidemic increases in Montgomery County, officials have filed a lawsuit Feb. 7 seeking to recover damages for the use of public resources. -
County Sues 14 Opioid Drug Companies For Addiction Increase
Feb 8, 2018 | Associated Press
By Staff
A Maryland county has filed a lawsuit against 14 opioid manufacturers and distributors. -
Baltimore, Maryland Counties Sue Opioid Manufacturers
Feb 8, 2018 | The Fix
By Kelly Burch
Baltimore—which was considered the heroin capital of the country two years ago—has become the latest municipality to sue opioids manufacturers. And the city is taking its lawsuit a step further by naming two doctors at area pain clinics that city leaders say were operating as pill mills. -
New Castle Co. retains counsel, may sue big pharma
Feb 8, 2018 | Delaware Public Media (DE)
By Nick Ciolino
New Castle County is lawyering up to potentially sue the pharmaceutical industry for its role in the opioid crisis. -
Commissioners sign onto class action suit against opioid drug companies
Feb 7, 2018 | Wiscasset Newspaper (ME)
By Gina Hamilton
Lincoln County Commissioners on Tuesday joined a class action lawsuit against companies that manufacture and distribute opioid drugs, to recoup the costs of law enforcement, emergency medical response and medical treatment for people suffering from opioid overdose or rehabilitation. -
Bucks commissioners plan civil suit against opioid makers
Feb 8, 2018 | Bucks County Courier Times (PA)
By James Boyle
A New York-based law firm will file a lawsuit in state court against opioid manufacturers and distributors on behalf of Bucks County in approximately one month. -
Sutton goes on opioid attack
Feb 8, 2018 | The Millbury-Sutton Chronicle (MA)
By Robert Fucci
Board of Selectmen vote to join other towns in suing pharmaceutical manufacturers, distributors for alleged roles in addiction. In 2017, the Town of Sutton was plagued with 15 overdoses and transports to hospitals related to opioids. Police, fire and EMT personnel administered Narcan on 13 separate occasions. -
Osceola joins national opioid legal action against drug companies
Feb 7, 2018 | Orlando Sentinel (FL)
By Ryan Gillespie
Osceola County has signed on to a national legal movement aimed at holding more than two dozen major drugmakers and distributors responsible for America’s opioid crisis. -
Osceola County joins multi-district lawsuit against opioid makers
Feb 8, 2018 | Cadillac News (FL)
By Ben Glick
Osceola County has entered a multi-district lawsuit against pharmaceutical companies for their alleged role in the opioid addiction epidemic. -
Osceola County sues more than 20 pharmaceutical companies
Feb 8, 2018 | Spectrum News 13 (FL)
By Stephanie Bechara
A Central Florida county is the first to sue more than 20 pharmaceutical companies due to the opioid epidemic. -
Geauga County to Fight Big Pharma
Feb 8, 2018 | Guaga County Maple Leaf (OH)
By Amy Patterson
Geauga County Prosecutor Jim Flaiz asked Geauga County Commissioners for their approval in joining a federal lawsuit against the manufacturers and distributors of opioid painkillers at their Feb. 6 regular meeting. -
Pratt County joins lawsuit against opioid distributors, manufacturers
Feb 8, 2018 | WKCH 12 (KS)
By Staff
The Pratt County Commission this week took action similar to similar to Sedgwick County commissioners in December, -
Gratiot County joins statewide opioid litigation
Feb 7, 2018 | Morning Sun News (MI)
By Sean Bradley
Gratiot County has joined a statewide lawsuit against opioid manufacturers and retailers that sell them. -
Here's why Multnomah County's $250M opioid lawsuit isn't bound for Ohio
Feb 8, 2018 | Portland Business Journal (WA)
By Elizabeth Hayes
The $250 million lawsuit Multnomah County filed against a host of opioid manufacturers is heading back to state court, contrary to drugmakers' wishes. -
NIH and opioid response get boost in Senate budget deal
Feb 7, 2018 | STAT News
By Lev Facher
Senate leaders on Wednesday announced a bipartisan budget agreement that would increase funding for the National Institutes of Health by $2 billion and raise spending meant to address the opioid and mental health crisis by $6 billion over the next two years. -
More Than 60 U.S. Cities Are Suing Big Pharma Over Opioids
Feb 8, 2018 | Next City
By Rachel Dovey
Through peer-to-peer compacts and direct negotiations with the U.N., city leaders took unprecedented action on climate change and immigration last year, despite federal stonewalling. In 2018, municipal officials appear to be pooling their legislative heft on another issue receiving little support from the White House: opioid abuse. -
Missouri's Lawsuit Against Opioid Manufacturers
Feb 8, 2018 | OzarksFirst
By Jesse Inman
When it comes to the Missouri opioid epidemic, help may be on the way from Missouri's Attorney General. -
South Georgia County, Hospital Authority Sue Over Opioid Addiction
Feb 8, 2018 | Daily Report (Law.com)
By R. Robin McDonald
An Athens law firm that’s building a reputation in medical multidistrict litigation is weighing in on the opioid crisis and what one partner says is its outsized impact on Georgia’s rural hospitals and counties. -
Drug companies the real profiteers (Letter to the Editor)
Feb 7, 2018 | The Advocate (LA)
By Stuart H. Smith & Brent Bell
Your recent Advocate editorial stated: "The war against opioid addiction promises to be a long and costly one. It should be waged on behalf of the public, not the profiteers." The real profiteers are the drug manufacturers and distributors who grossed billions of dollars annually through many fraudulent and deceptive practices. -
Md. mothers of overdose victims want Big Pharma to pay
Feb 7, 2018 | WUSA (MD)
By Scott Broom
Every week in Montgomery County, Md., as many as 25 moms touched by tragedy meet to talk, laugh and cry. -
Trump Says He Will Focus On Opioid Law Enforcement, Not Treatment
Feb 7, 2018 | National Public Radio
By Greg Allen
More than three months after President Trump declared the nation's opioid crisis a public health emergency, activists and healthcare providers say they're still waiting for some other action. -
Citing Infamous Big Tobacco Hearing, Sanders Wants Drug CEOs to Testify on Opioid Crisis
Feb 7, 2018 | Alternet
By Jessica Corbett
Sen. Bernie Sanders (I-Vt.) is calling for pharmaceutical industry executives to testify in the Senate and for lawmakers to investigate the role manufacturers and distributors have played in fueling the national opioid crisis. -
Pharmacy Companies Allegedly Use Campaign Donations in Attempt to Buffer Opioid Lawsuit Outcomes
Feb 8, 2018 | Workers Compensation.com
By Liz Carey
As pharmacy companies face lawsuits in 35 states, many are allegedly using campaign donations as a way to influence attorneys general and ultimately, the outcome of those cases, according to a report from CBS News. -
Daybreak on Z
Feb 8, 2018 | KOZL (Fox)
By Springfield, MO
Video Link: http://app.criticalmention.com/app/#clip/view/32558958?token=35116893-29eb-4672-82dd-5a83902a93b2 -
Eyewitness News This Morning
Feb 8, 2018 | KSCW (CW)
By Wichita, KS
Video Link: http://app.criticalmention.com/app/#clip/view/32559138?token=35116893-29eb-4672-82dd-5a83902a93b2 -
I-270 News at 7:30AM
Feb 8, 2018 | WDVM (WDVM)
By Washington, DC
Video Link: http://app.criticalmention.com/app/#clip/view/32559154?token=35116893-29eb-4672-82dd-5a83902a93b2 -
14 News Sunrise
Feb 8, 2018 | WFIE (NBC)
By Evansville, IN
Video Link: http://app.criticalmention.com/app/#clip/view/32559161?token=35116893-29eb-4672-82dd-5a83902a93b2 -
Public Affairs Events
Feb 8, 2018 | CSPAN
By National Programming
Video Link: http://app.criticalmention.com/app/#clip/view/32559190?token=35116893-29eb-4672-82dd-5a83902a93b2 -
FOX News Baton Rouge
Feb 7, 2018 | WGMB (Fox)
By Baton Rouge, LA
Video Link: http://app.criticalmention.com/app/#clip/view/32559205?token=35116893-29eb-4672-82dd-5a83902a93b2 -
ABC57 News at 6P
Feb 7, 2018 | WBNDLD (ABC)
By South Bend, IN
Video Link: http://app.criticalmention.com/app/#clip/view/32559226?token=35116893-29eb-4672-82dd-5a83902a93b2 -
Mid-Day Mississippi
| WLBT (NBC)
By Jackson, MS
Video Link: http://app.criticalmention.com/app/#clip/view/32559243?token=35116893-29eb-4672-82dd-5a83902a93b2 -
News 2 Midday
Feb 7, 2018 | WCBD (NBC)
By Charleston, SC
Video Link: http://app.criticalmention.com/app/#clip/view/32559258?token=35116893-29eb-4672-82dd-5a83902a93b2
MDL
Northeast (MD, DE, ME, PA, MA)
Southeast (FL)
Midwest (OH, KS, MI)
Commentary and FYIs
Broadcast Media Coverage
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Atty Negotiating Teams Set In Opioid MDL
Feb 7, 2018 | Law360
By Jeff Overley
An Ohio federal judge on Wednesday created negotiating teams for attorneys in sprawling multidistrict litigation over allegedly reckless opioid sales, the latest move to steer the massive case toward settlement.
The move by U.S. District Judge Dan A. Polster follows an all-day settlement conference last week in the MDL, which is related to the opioid crisis. After that conference, he issued an order Friday that described the conference as “productive” and directed the parties to select attorneys for lead roles in settlement negotiations.
In an order Wednesday, Judge Polster approved the teams and said that they will “work with the special masters and the court to identify possible resolutions of economic and noneconomic issues in this litigation.”
The MDL, which encompasses roughly 300 lawsuits and is still growing, could result in billions of dollars in financial damages. But Judge Polster has also expressed a desire for settlement terms that have an impact on prescribing and the number of narcotic painkillers in circulation.
The plaintiffs, which mostly consist of local governments, will be represented by a negotiating team with seven attorneys: Joe Rice of Motley Rice LLC, Paul J. Hanly Jr. of Simmons Hanly Conroy LLC, Elizabeth Cabraser of Lieff Cabraser Heimann & Bernstein LLP, Troy Rafferty of Levin Papantonio Thomas Mitchell Rafferty & Proctor PA, Paul Geller of Robbins Geller Rudman & Dowd LLP, Chris Seeger of Seeger Weiss LLP, and Russell Budd of Baron & Budd PC.
Drugmakers will also be represented by a negotiating team with seven attorneys: Sheila L. Birnbaum of Skadden Arps Slate Meagher & Flom LLP, Steven A. Reed of Morgan Lewis & Bockius LLP, Charles C. Lifland of O'Melveny & Myers LLP, Jonathan L. Stern of Arnold & Porter, Mark Filip of Kirkland & Ellis LLP, Brien T. O’Connor of Ropes & Gray LLP, and J. Matthew Donohue of Holland & Knight LLP.
Drug distributors will be represented by a negotiating team with four attorneys: Enu Mainigi of Williams & Connolly LLP, Geoffrey Hobart of Covington & Burling LLP, Jack Smith of Flaherty Sensabaugh & Bonasso PLLC, and Robert Nicholas of Reed Smith LLP.
The teams are distinct from other groups of prominent lawyers in the MDL, but there is a great deal of overlap in membership.
Judge Polster on Wednesday also appointed two representatives for state attorneys general, who are conducting separate lawsuits and investigations targeting drug companies for their roles in the nation’s epidemic of opioid abuse. Wednesday’s order also said that representatives will be appointed in the future for insurers that cover pharmaceutical companies and could be on the hook for portions of any settlement payouts.
The next settlement conference in the case is set for March 6. Shortly after Law360 reported details about last week’s settlement conference, Judge Polster issued a gag order that said “nobody is to disclose to the media” any information about the content of settlement discussions.
The case is In re: National Prescription Opiate Litigation, case number 1:17-md-02804, in the U.S. District Court for the Northern District of Ohio. -
Montgomery County files suit against opioid drug companies
Feb 7, 2018 | The Washington Post
By Jennifer Berrios
Montgomery County has filed suit against more than a dozen manufacturers and distributors of opioids, joining a host of municipalities across the state and the country that have brought similar complaints.
The lawsuit, filed Tuesday in U.S. District Court in Greenbelt, Md., alleges the companies deceptively marketed opioids as nonaddictive and refused to report suspicious sales of the drugs, leading to “unprecedented opioid addiction” in the state’s most populous jurisdiction.
Overdose deaths from prescription opioids, the synthetic opioid fentanyl and heroin in Montgomery increased from 27 in 2010 to 117 in 2016, the lawsuit says. There were 99 such deaths in the first nine months of 2017, according to the most recent data from the state Health Department.
“It is critical that we hold responsible the manufacturers and distributors whose negative actions have significantly contributed to the crisis,” County Executive Isiah Leggett (D) said Wednesday.
The lawsuit names 14 companies and alleges violations of the county and state consumer protection acts, the federal RICO racketeering act and the state’s false claims act, in addition to public nuisance, negligence and unjust enrichment.
In statements, several of the companies either denied the allegations or said they were working to stop suspicious drug orders and ensure that the drugs they manufacture and distribute are used appropriately.
“The idea that distributors are responsible for the number of opioid prescriptions written defies common sense and lacks understanding of how the pharmaceutical supply chain actually works and is regulated,” said John Parker, senior vice president of the Healthcare Distribution Alliance, which represents wholesalers.
The companies named in the lawsuit are: Purdue Pharma; Cephalon, Teva Pharmaceutical Industries and Teva Pharmaceuticals USA; Endo International, Endo Health Solutions and Endo Pharmaceuticals; Janssen Pharmaceuticals; Insys Therapeutics; Mallinckrodt and Mallinckrodt Pharmaceuticals; AmerisourceBergen; Cardinal Health; and McKesson Corp .Mark Dearman, a partner at Robbins Geller Rudman & Dowd LLP, which is representing the county on a contingency basis, said the lawsuit is not seeking a specific dollar amount. The county still is calculating the amount of damages it is claiming, Deputy County Attorney John Markovs said.
Several other jurisdictions in Maryland — including Anne Arundel and Prince George’s counties and the city of Baltimore — have filed their own suits against companies that manufacture and distribute opioids.
Last month, Maryland Gov. Larry Hogan (R) issued a directive authorizing state Attorney General Brian E. Frosh’s office to file suit against “select” opioid manufacturers and distributors. But Frosh (D) has pointed to his office’s involvement in a 41-state investigation into opioid companies and has said his office does not have the resources to launch a separate suit at Hogan’s request.
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Feb 7, 2018 | Bethesda Magazine (MD)
By Andrew Metcalf
Attorneys representing Montgomery County filed a lawsuit in U.S. District Court in Greenbelt Tuesday against opioid manufacturers and distributors to try to stop the companies’ advertising practices and recoup money the county has spent addressing the epidemic of overdoses caused by opioid addiction.
The county’s lawsuit is the latest in a surge of legal challenges nationwide filed against pharmaceutical companies that deal with opioids. Jurisdictions are trying to force the companies to pay for the rising medical and emergency care costs of dealing with overdoses stemming from addictions that often can be traced back to the use of prescription pain killers such as OxyContin and Percocet.
“It is critical we hold responsible manufacturers and distributors whose negligent action has significantly contributed to the crisis,” County Executive Ike Leggett said Wednesday at a press conference announcing the lawsuit had been filed.
Leggett was flanked by attorneys from the California-based law firm Robbins, Geller, Rudman & Dowd hired by the county. The firm is handling the lawsuit on a contingency basis; no county funds are being spent upfront to pursue the legal action, according to officials.
Maryland Gov. Larry Hogan in January said the state also plans to sue opioid manufacturers, while jurisdictions such as Prince George’s and Anne Arundel counties have already filed similar lawsuits.
Maryland recorded 1,856 opioid-related deaths in 2016 and 1,501 opioid-related deaths through the third quarter of 2017, according to the latest statistics from the Maryland Department of Health. Those numbers are far higher than the average of about 550 opioid-related deaths recorded in the state annually from 2007 to 2012. In Montgomery County, there were 84 reported opioid-related deaths in 2016 and 60 through the third quarter of 2017.
Mark Dearman, one of the firm’s attorneys, said Wednesday the case likely will be transferred from Maryland District Court to a federal court in Cleveland where Judge Daniel Polster is combining the cases filed against drug makers and distributors.
He said the county is challenging 14 companies, including Purdue Pharmaceuticals, Endo International, Teva Pharmaceutical Industries and Janssen Pharmaceuticals, on allegations ranging from false advertising to failure to report suspicious sales. The suit does not specify how much money in damages the county is seeking, according to Dearman. He said the initial goal is to abate the use of prescription opioids by holding drug makers and distributors to account, but monetary damages will also be a key part of the lawsuit.
In response to the rising number of lawsuits, Perdue spokesman John Puskar told Bloomberg last year that it denies the allegations being levelled, but shares states’ “concerns about the opioid crisis.”
John Parker of the Healthcare Distribution Alliance, which represents pharmaceutical distributors, sought to distance distributors from the allegations in a statement sent to Bethesda Beat in December, when the county first announced it planned to file a lawsuit against businesses making or distributing opioids.
“As distributors, we understand the tragic impact the opioid epidemic has on communities across the country,” Parker said. “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.”
He said distributors arrange for the “safe and secure” transport, storage and delivery of drugs, but have no role in making, marketing, prescribing or dispensing the drugs to consumers.
Dearman said he believes the pharmaceutical companies employed false advertising practices to increase the market share of their drugs by promoting them to treat long-term pain in addition to the end-stage cancer and post-surgery pain the drugs were initially designed to treat.
“These folks got together and said, ‘Well, we need to increase that market share’ and that’s what they did,” Dearman said. “In order to do that, they told a different story. They told what I believe to be is a false story, which is you can use opioids for chronic pain.”
Dearman compared the opioid-related lawsuits to the wave of lawsuits against tobacco companies in the 1990s.
“The Big Tobacco playbook was, ‘We are going to falsely advertise our products in an effort to sell more of them’,” Dearman said. “That’s exactly what was done here.”
He added he believes doctors have been complicit in the epidemic by overprescribing the painkillers. Although no doctors were named in the county’s lawsuit, he said other lawsuits that have been filed have charged doctors as well.
Several local residents spoke at the event about their children’s deaths from opioid overdoses.
Helen Najar said her daughter, Kelly O’Connor, became addicted to opioids in her early 20s after she was prescribed pain medication and Xanax. Her addiction to the powerful prescription painkiller OxyContin quickly led to a heroin addiction, Najar said.
“Even after several rounds of rehab, this horrendous addiction led her to her death in less than three years,” Najar said. “She is one of thousands of similar stories, unfortunately. The opioid addiction starts with a pill, it’s about time we make the pharmaceutical [companies] accountable.”
Najar was joined at the event by several mothers from the group SOUL, which stands for Surviving Our Ultimate Loss, a support group for people who have lost loved ones from overdoses.
Kay Bowman, a SOUL member, said her son died in May 2015 from his opioid addiction. Luke Bowman was 34.
“He had issues with anxiety and was prescribed opioids for that,” Bowman said. “After a while he had trouble getting those and heroin was the next step. He struggled for so many years with this.”
She said the SOUL group started with about four or five members in 2015 and has since grown to include about 25 members who live in the area. She’s pleased the county is pursuing the lawsuit against the opioid-related companies.
“I think it’s about time,” Bowman said. “I hope that ultimately they will be held accountable.”
She said she wishes she had known how addictive the painkillers were when they were first prescribed to her son.
“All of us in that group, none of us really realized that,” Bowman said. “We feel so helpless.”
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Lawsuit Against 14 Opioid Companies Filed By Montgomery County
Feb 7, 2018 | Rockville Patch (MD)
By Cameron Luttrell
As the costs of combating the opioid epidemic increases in Montgomery County, officials have filed a lawsuit Feb. 7 seeking to recover damages for the use of public resources.
The lawsuit seeks reimbursement for County expenses in responding to the crisis and aiming to stop future deceptive and misleading marketing practices that have contributed to the growing epidemic, County Executive Ike Leggett announced Wednesday.
"The Opioid crisis is wreaking severe damage on individuals and communities throughout our great nation – and Montgomery County is not immune," Leggett said in a statement. "Just ask the first-responders in our Fire & Rescue Service and our Police. Ask our front-line personnel in Health & Human Services. We are talking about addiction, death, broken lives, and broken families."
The companies named in the suit, which was filed in federal district court, include:
· Purdue Pharma L.P. of Stamford, CT
· Cephalon, Inc. of Frazer, PA
· Teva Pharmaceutical Industries Ltd. of Israel
· Teva Pharmaceuticals USA, Inc. of North Wales, PA
· Endo International PLC of Ireland
· Endo Health Solutions Inc. of Malvern, PA
· Endo Pharmaceuticals Inc. of Malvern, PA
· Jansen Pharmaceuticals, Inc. of Raritan, NJ
· Insys Therapeutics, Inc. of Chandler, AZ
· Mallinckrodt PLC of the United Kingdom; Mallinckrodt Pharmaceuticals of St. Louis, MO;
· AmerisourceBergen Corporation of Chesterbrook, PA
· Cardinal Health, Inc. of Dublin, OH
· McKesson Corporation of San Francisco, CA.
"It is critical that we hold responsible those whose corporate actions have contributed to this crisis – for what has happened in the past, what is happening in the present and what we ought to stop from happening in the future," Leggett said.
Leggett was joined at the news conference by Bethesda resident Helen Najar, who lost her daughter Kelly O'Connor to a 2016 overdose, as well as by other families affected by the crisis.
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County Sues 14 Opioid Drug Companies For Addiction Increase
Feb 8, 2018 | Associated Press
By Staff
A Maryland county has filed a lawsuit against 14 opioid manufacturers and distributors.
The Washington Post reports the Montgomery County lawsuit filed Tuesday accuses the companies of deceptive marketing and failure to report suspicious sales, leading to "unprecedented" opioid addiction in the county. The lawsuit says prescription opioid overdose deaths increased from 27 in 2010 to 117 in 2016.
The suit says the companies violated county and state consumer protection acts and the federal Racketeer Influenced and Corrupt Organizations Act, among other claims. Deputy County Attorney John Markovs says the amount of damages that will be claimed still is being calculated.
The newspaper reports several named companies denied the allegations in statements or said they were working to stop suspicious drug orders and ensure appropriate product use.
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Baltimore, Maryland Counties Sue Opioid Manufacturers
Feb 8, 2018 | The Fix
By Kelly Burch
Baltimore—which was considered the heroin capital of the country two years ago—has become the latest municipality to sue opioids manufacturers. And the city is taking its lawsuit a step further by naming two doctors at area pain clinics that city leaders say were operating as pill mills.
"They were reckless, they were intentional, it was marketing, it was greed,” said City Solicitor Andre Davis, a former federal judge, when he announced the lawsuit, according to Governing.
Opioids have killed 3,000 Baltimore residents in a decade. The city’s lawyers say that the area was particularly hard-hit, even as the entire country grappled with the opioid crisis.
The lawsuit names Purdue, Cephalon, Janssen, Actavis and Endo Health Solutions and distributors McKesson, Cardinal Health and AmerisourceBergen. It also names two doctors: Norman B. Rosen and Howard Hoffberg.
In response, Rosen said that the idea that he was operating a pill mill was “absolutely ridiculous.”
“People want a fight, I'll give them a fight,” he said. Rosen said that limiting opioids would hurt people who are in pain. "The whole opioid crisis is overstated,” he said.
In addition to the city’s lawsuit, Baltimore County has also announced its intention to sue opioid manufacturers. “The opioid crisis has led to a significant increase of overdoses from heroin and prescription drug abuse,” Baltimore County Executive Kevin Kamenetz said earlier this month, according to the Baltimore Sun.
“The desire to increase profits on the part of drug companies is a leading cause of our nation’s health crisis,” he said.
Nearby Howard County is also taking steps to prepare a lawsuit that will help offset the “tremendous amount of resources that local jurisdictions have had to devote to the [opioid] crisis,” said county spokeswoman Deidre McCabe, according to the Baltimore Sun.
Recently, a federal judge overseeing hundreds of opioid-related lawsuits said that he will focus on resolutions rather than complex legal proceedings.
“About 150 Americans are going to die today, just today, while we’re meeting,” said U.S. District Judge Dan Polster of Cleveland, Ohio. “And in my humble opinion, everyone shares some of the responsibility, and no one has done enough to abate it.”
“My objective is to do something meaningful to abate this crisis and to do it in 2018,” the judge added. “I’m confident we can do something to dramatically reduce the number of opioids that are being disseminated, manufactured and distributed. Just dramatically reduce the quantity and make sure that the pills that are manufactured and distributed go to the right people and no one else.”
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New Castle Co. retains counsel, may sue big pharma
Feb 8, 2018 | Delaware Public Media (DE)
By Nick Ciolino
New Castle County is lawyering up to potentially sue the pharmaceutical industry for its role in the opioid crisis.
The county retained the law firm Motley Rice—known for securing a $246 billion tobacco settlement, which still stands as the largest civil settlement in history. Motley Rice is working on a contingency basis and will only be paid if the county files suit and receives compensation.
New Castle County contends opioids are a prime contributor to crime and have prompted an increased demand for law enforcement and first responders—effectively increasing the cost to taxpayers.
"As 911 calls related to deadly overdoses goes up, so have the costs," said County Executive Matt Meyer in a statement.
Hundreds of counties and municipalities across the country are considering lawsuits against big pharma. The State of Delaware announced last month it would be following most other states with a suit of its own.
New Castle County recently received a federal grant to help fund its Hero Help program, which works to provide access of care to opioid addicts.
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Commissioners sign onto class action suit against opioid drug companies
Feb 7, 2018 | Wiscasset Newspaper (ME)
By Gina Hamilton
Lincoln County Commissioners on Tuesday joined a class action lawsuit against companies that manufacture and distribute opioid drugs, to recoup the costs of law enforcement, emergency medical response and medical treatment for people suffering from opioid overdose or rehabilitation.
Commissioners agreed to authorize County Administrator Carrie Kipfer to engage the services of Napoli Shkolnik and Trafton, Matzen, Belleau, and Frenette to pursue the suit. The county joins Cumberland and Penobscot counties, and Biddeford, Saco, Waterville and Bangor.
There is no financial risk to the county, according to James Belleau. There is a 25 percent contingency fee, plus expenses, if the suit is successful, Belleau said.
The Wiscasset Area Chamber of Commerce has entered into a no-cost lease agreement with Lincoln County to rent space in the lobby area of the Lincoln County Regional Planning Commission building on Route 1 across from Big Al’s. The Chamber will maintain its summer presence on the Main Street Pier, but will be at the Planning Commission building year round. Although the Chamber will pay no rent, it will do some of the renovation work to improve the lobby.
The commission approved the request; the Chamber will take the issue to its board Feb. 22, although Chair Monique McRae said the board has been in favor of the move. Currently, the Chamber has no winter quarters. The plan is to staff the new facility from 9 a.m. to 4 p.m. Monday through Friday.
The county agreed to go with The First National Bank for its tax anticipation note. The bank had provided the low bid at the last meeting.
The Sheriff’s Department announced the resignation of Special Services Deputy Will Owen, who is moving to the Yarmouth Police Department, but has agreed to stay on part time with the Sheriff’s Office. Commissioners accepted three highway safety grants totaling $24,620 for OUI, speed enforcement and distracted driving. A fourth grant, for seatbelt enforcement, is anticipated.
According to Communications Director Joseph Westrich, all 22 fire departments in Lincoln County have signed up for the “I am responding” system that provides people at an emergency scene with information about who is coming to the scene, and provides maps and information about fire hydrants, among other support services.
According to Emergency Management Director Casey Stevens, all the towns turned in their paperwork for the federal disaster declaration. The initial estimate was about $500,000 for public agency costs, mostly in debris removal and overtime. Stevens said the actual figure is somewhat lower. He said towns that are working toward mitigating future hazards may be eligible for additional grants. The Project Lifesaver program, which could find people prone to wandering, such as adults with dementia or children with autism, will be tested and training will be offered May 7 and 8.
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Bucks commissioners plan civil suit against opioid makers
Feb 8, 2018 | Bucks County Courier Times (PA)
By James Boyle
A New York-based law firm will file a lawsuit in state court against opioid manufacturers and distributors on behalf of Bucks County in approximately one month.
Bucks County commissioners approved Wednesday the hiring of a New York City-based law firm to file a civil claim against the manufacturers and distributors of opioid drugs.
Scott & Scott LLC will work on the case on a contingency fee basis, contracted to collect 22.5 percent of any financial recovery from the suit, plus costs. They represent several other governmental entities in opioid lawsuits against drugmakers, but their only other current Pennsylvania client is Mercer County.
“The horrific cost of human life is impossible to replace, and the ruin of families and communities is tough to rebuild,” said Commissioner Chairman Rob Loughery Wednesday morning. “Nothing is more important than a human life, but we have responsibilities as a county, and the cost we are bearing is astronomical. We are doing everything we can to fight the epidemic, to provide treatment and the services people need. But you have this whole issue of supply and manufacturing that is the leading cause of this. We believe this is an important route for us to take and another resource in our toolbox.”
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Feb 8, 2018 | The Millbury-Sutton Chronicle (MA)
By Robert Fucci
Board of Selectmen vote to join other towns in suing pharmaceutical manufacturers, distributors for alleged roles in addiction. In 2017, the Town of Sutton was plagued with 15 overdoses and transports to hospitals related to opioids. Police, fire and EMT personnel administered Narcan on 13 separate occasions.
Between 2015 and 2016, there were 24 overdoses and transports in town related to opioids and Narcan was administered 24 separate times.
During the Feb. 6 Board of Selectmen meeting, the town decided legal action was needed to combat the crisis.
The Board voted 4-0 to join in a Mass. Tort litigation to sue big pharmaceutical manufacturers and distributors for their alleged roles in opioid addiction.
“To me this is a welcome opportunity,” Selectman David Hall said. “I think the major pharmaceutical companies have some culpability here. This is an issue I’ve felt personally here in Sutton. To join and contribute in an effort like this I think is an opportunity I welcome.”
According to Town Administrator Jim Smith, the law firm Levin, Papantonio, Mitchell, Rafferty & Proctor, PA will be retained on a contingent fee basis to pursue all civil remedies against those in the chain of distribution of prescription opiates responsible for the epidemic. Peter Mougey will serve as lead counsel.
Joining the tort comes at no cost to Sutton. Should Sutton win or if the case is settled, attorneys would receive 25 percent and up to another 25 percent for costs associated with hiring consultants and doctors to present the case.
The remaining 50 percent would go to cities and towns that have signed onto this action.
The case in this matter is being led by the Massachusetts Opioid Litigation Attorneys (MOLA), which includes Sutton’s town counsel KP Law. MOLA is a consortium of local and national law firms filing suit against the world’s largest pharmaceutical manufacturers and distributors to hold them accountable for the opioid crisis, resulting in economic damages across the Commonwealth.
This is not a class action suit, as that requires all participants to have essentially the same injuries. According to MOLA documents, damages from one municipality to another are very different.
Individual doctors and pharmacies are not targeted in the litigation. MOLA believes these cases will be filed in Federal Court and then consolidated into a multi-district litigation (MDL) with other cases throughout the Commonwealth.
“Nobody’s immune to this,” Selectman Michael Kenney said. “I couldn’t give more support for it.”
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Osceola joins national opioid legal action against drug companies
Feb 7, 2018 | Orlando Sentinel (FL)
By Ryan Gillespie
Osceola County has signed on to a national legal movement aimed at holding more than two dozen major drugmakers and distributors responsible for America’s opioid crisis.
The first Florida county to file a lawsuit against the companies, Osceola is seeking unspecified damages to pay for rising Medicaid, foster-care and law-enforcement costs associated with the epidemic.
Across the country, more than 200 local governments have taken similar action, and the number continues to grow. A collective settlement could bring billions of dollars for them.
The suit, originally filed in November, accuses 25 drugmakers and distributors of putting profits over public safety in producing and marketing drugs such as OxyContin and Percocet.
“This case is about one thing: corporate greed,” the suit reads.
It also states the companies spent hundreds of millions of dollars spreading scientific and educational materials, as well as advertising that “misrepresented the risks, benefits and superiority of opioids’ long-term use to treat chronic pain.”
One of the defendants, Purdue Pharma, denied the allegations in a statement and said the company has followed federal guidelines for prescribing opioids; helped law-enforcement agencies gain access to naloxone, an antidote for overdoses; and developed three new opioid medications with “abuse-deterrent properties.”
“We are deeply troubled by the prescription and illicit opioid abuse crisis and are dedicated to being part of the solution,” the statement reads.
Osceola County commissioners late last year voted to hire New York law firm Napoli Shkolnik as a special counsel to pursue the case. The office has filed about 80 similar suits across the country and is on retainer with more than 150 other municipalities, said Hunter Shkolnik, a partner at the firm.
“There’s been a dramatic spike in overdose deaths [in Osceola],” Shkolnik said. “I think this is an epidemic that needs to be stopped, and these companies are not going to stop doing what they’re doing until they’re brought to their knees. I think we’re in the best position to do that.”
In the United States, 115 people die each day from a drug overdose, and 66 percent of overdose deaths involve an opioid, according to a 2016 report from the Centers for Disease Control and Prevention.
A 2016 report from the Florida Department of Law Enforcement says 5,725 opioid-related deaths were reported in the state, which is a 35 percent increase over 2015. Specific numbers for Osceola County weren’t available.
“We’re dealing with this in our West [U.S. Highway] 192 corridor and veterans who these [drugs] are often prescribed to. I would guess [it’s costing] millions and millions of dollars,” Osceola Chairman Fred Hawkins Jr. said. “This is something that had to be done … we have to start taking action.”
Other large companies listed in the suit include drugmakers Johnson & Johnson, Janssen and Teva, as well as distributors such as McKesson Corp. and Cardinal.
Nick McGee, public affairs director for the national Pharmaceutical Research and Manufacturers of America, said the organization that represents biopharmaceutical research companies does not comment on legal matters relating to particular companies.
But he added the group supports policies to limit the supply of opioids to seven days for acute pain, with a few exceptions, and is also working with the President’s Commission on Combating Drug Addiction and the Opioid Crisis.
Hawkins said the legal battle is similar to the 1990s fight between 46 states and the tobacco industry. In 1998, a $206 billion settlement was reached against the industry to cover tobacco-related health costs.
“In the end, I think we’ll see a similar result here,” Hawkins said.
Shkolnik said what’s different this time is “the counties are really footing the bills and are the ones stepping up filing cases.”
Osceola commissioners voted Nov. 13 to have Shkolnik represent them in the case. The firm is working for free but would be paid 25 percent of any money awarded if the county wins, records show.
Last week, Alachua County filed a nearly identical complaint in circuit court, and Shkolnik said he also appeared before Brevard County leaders recently.
Palm Beach, Pinellas and Miami-Dade counties are also considering filing suit.
Orange County has not yet decided to take action, spokeswoman Carrie Proudfit said. It also has not been discussed in Lake County, spokeswoman Elisha Pappacoda said.
Seminole County did not respond to a request for comment.
The case is in a legal tug-of-war at the moment. The suit was moved to federal court from state court Feb. 1, after the drug companies made a motion to move it. Melissa Emert, another lawyer representing Osceola, said it could still move back to circuit court in Orange and Osceola counties.
Regardless in which court it lands, the Osceola action and other lawsuits could be resolved at once.
U.S. District Judge Dan Polster of Cleveland said he is trying to reach a settlement this year with the pharmaceutical companies that would also include all suits filed in state courts, the Los Angeles Times reported.
Despite the judge’s efforts. Shkolnik said the legal fight might take a while.
“Like tobacco, I suspect we’ll be at this for a while,” he said.
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Osceola County joins multi-district lawsuit against opioid makers
Feb 8, 2018 | Cadillac News (FL)
By Ben Glick
Osceola County has entered a multi-district lawsuit against pharmaceutical companies for their alleged role in the opioid addiction epidemic.
In a 4-2 vote on Feb. 6, the Osceola County Board of Commissioners retained the law firm Smith and Johnson to prosecute pharmaceutical companies for damages incurred from opioid addiction.
The Traverse City-based law firm currently represents more than 40 Michigan municipal governments.
Board of Commissioners Chairman Larry Emig said that hearing the support of the Michigan Association of Counties, an advocacy group that provides legislative support for Michigan counties, helped to shape his decision to vote in favor of entering into the lawsuit.
"I wasn't interested before, but it was helpful hearing this today," Emig said.
Attorney Timothy Smith explained that the lawsuit is not a conventional class action and that Osceola County would have its own case in federal court as part of what is known as a mass tort.
Osceola County, along 200 other municipalities from across the country, would all file as a single unit in court, but each would retain control over its own case.
"Every single municipality that is currently involved across the country has its own lawsuit," Smith said. "The beauty of that is that rather than being a part of a big gang of plaintiffs involved in the singular suit with a singular resolution and then arguing at the end over who gets what, you have your own suit. Your county has control."
Smith said costs incurred during the case are based on contingent fee litigation, meaning fees are payable only if the case is won.
"If we are not successful, then you do not owe anything for our time — we're not asking you to reimburse us for the cost," Smith said.
If the case is successful, and it results in reparations being distributed, 70 percent goes to Osceola and 30 percent to Smith and Johnson.
"We're taking on a lot of risk, but I think we have some of the best attorneys in the country working on this case," Smith said. "I think we have a good shot."
On Monday, Alger County retained Smith and Johnson, and Gratiot County also agreed to join the litigation on Feb. 6.
Opposing the move was Commissioner Pamela Wayne, who said that the fault of the opioid epidemic rests with the doctors who prescribed the medications. Commissioner Mark Gregory was in agreement and also voted against the motion.
"The reason I voted no is that I believe the money the lawyers are going to get for fighting all of this could be used in other ways as far as educating doctors, pharmacists or whoever into what needs to be done and get people off these addictions," Wayne said. "It sounds like we're going back and trying to get the drug companies now when we should be worried about moving forward and helping these people who are addicted."
Smith and Johnson attorney Timothy Smith attended the meeting and explained how pharmaceutical companies in the past have been proven to be using unethical business practices to sell opioid medications.
He explained how a person can become addicted to some opioid medications, such as fentanyl, after a one-week prescription.
In 2015, enough opioid medication was prescribed in Osceola County for 169 pills per person, which is up from 154 pills in 2010.
According to documentation from Smith and Johnson, Michigan ranks 10th in the nation for per capita prescribing rates of opioid pain relievers and 18th for opioid deaths.
Opioids were once used in hospitals to treat cancer and for end-of-life treatment, where the possibility of addiction wasn't concerned, but advertising and sales tactics became much more aggressive.
"These are companies, manufacturers and distributors that have been doing business in a fashion that has harmed municipalities not only in Michigan but across the country," Smith said.
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Osceola County sues more than 20 pharmaceutical companies
Feb 8, 2018 | Spectrum News 13 (FL)
By Stephanie Bechara
A Central Florida county is the first to sue more than 20 pharmaceutical companies due to the opioid epidemic.
The lawsuit claims these “pill mills” have created a financial burden on Osceola County.
Joe Chavez volunteers at the Transition House in St. Cloud, a facility that helps folks get clean. Chavez has been sober for a year and a half now, as he is recovering from substance abuse.
“When I first got here, I didn’t really like it, but a gentleman here told me give it a month, and you will change your mind,” Chavez explained. “And sure enough, I have been here since.”
It doesn’t shock Chavez that Osceola County is in the middle of litigation with 21 pharmaceutical companies regarding the opioid crisis. Thomas Griffin, the Chief Executive Officer of the Transition House, said he’s received an influx of patients.
“Emergency rooms are severely impacted, jails are impacted all of it. There is no one who has not been impacted in a very negative fashion,” Griffin said.
The lawsuit reads: “This case is about one thing: corporate greed. In the complaint filed, you can see a graph that shows there’s been a decrease in overdose deaths within the state, but Osceola County's rate has still gone up.”
“Obviously there is the responsibility of the pharmaceutical companies for manufacturing the pills, but there’s also responsibility in a lot of the physicians who wrote up the prescriptions and allowed the access,” Griffin said.
Chavez said he would like to see a solution to this problem, maybe even be part of it himself — perhaps by creating something like the Transition House, which has helped him so much along the way.
“We need more people to help us and others to get this help,” he said.
Spectrum News 13 also reached out to some of the pharmaceutical companies getting sued by the county. These are their statements:
Janssen Pharmaceuticals
Our actions in the marketing and promotion of these medicines were appropriate and responsible. The labels for our prescription opioid pain medicines provide information about their risks and benefits, and the allegations made against our company are baseless and unsubstantiated. In fact, our medications have some of the lowest rates of abuse among this class of medications.
Opioid abuse and addiction are serious public health issues that must be addressed. We are committed to being part of the ongoing dialogue and to doing our part to find ways to address this crisis.
Jessica Castles Smith, spokesperson, Janssen Pharmaceuticals, Inc.
Purdue Pharma
“We are deeply troubled by the opioid crisis and we are dedicated to being part of the solution. As a company grounded in science, we must balance patient access to FDA-approved medicines, while working collaboratively to solve this public health challenge. Although our products account for approximately 2% of the total opioid prescriptions, as a company, we’ve distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed the first FDA-approved opioid medication with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone. We vigorously deny these allegations and look forward to the opportunity to present our defense.”
John Puskar, Director of Public Affairs, Purdue Pharma L.P.
Teva Pharmaceutical Industries
"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."
Kaelan Hollon, Sr. Director of Communications, Teva Pharmaceutical Industries
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Geauga County to Fight Big Pharma
Feb 8, 2018 | Guaga County Maple Leaf (OH)
By Amy Patterson
Geauga County Prosecutor Jim Flaiz asked Geauga County Commissioners for their approval in joining a federal lawsuit against the manufacturers and distributors of opioid painkillers at their Feb. 6 regular meeting.
Geauga County Prosecutor Jim Flaiz asked Geauga County Commissioners for their approval in joining a federal lawsuit against the manufacturers and distributors of opioid painkillers at their Feb. 6 regular meeting. Commissioners had questions about the legal process facing the county, but they all agreed with the need to take action. Commissioner Tim Lennon said drug distributors did not follow federal regulations, but instead pumped pills in to local communities, making billions of dollars, but leaving counties like Geauga to clean up the mess. “We’re not taking this lying down anymore. On top of the monetary gain, the message...
The remainder of this article is under paywall at: https://www.geaugamapleleaf.com/news/geauge-county-to-fight-big-pharma/
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Pratt County joins lawsuit against opioid distributors, manufacturers
Feb 8, 2018 | WKCH 12 (KS)
By Staff
The Pratt County Commission this week took action similar to similar to Sedgwick County commissioners in December, taking a formal stand against distributors and manufacturers for their role in the opioid epidemic.
As the Sedgwick County Commission did in December, Pratt County commissioners passed a resolution to pursue civil actions against opioid distributors and manufacturers.
The lawsuit claims the companies who manufacture and distribute opioids are liable for the opoid epidemic's cost to government entities.
After the Sedgwick County Commission joined the lawsuit in December, the law firm of Prochaska, Howell & Prochaska LLC said Kansas ranks as the 16th worse state in the opioid epidemic and according to the complaint, deaths in Sedgwick County due to opioids have been on the rise.
The goal of the lawsuit, the law firm says, is to let people know the problem impacts everyone.
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Gratiot County joins statewide opioid litigation
Feb 7, 2018 | Morning Sun News (MI)
By Sean Bradley
Gratiot County has joined a statewide lawsuit against opioid manufacturers and retailers that sell them.
The county commission voted unanimously at its meeting Tuesday to pass a resolution to join the lawsuit, joining a group of townships, cities and counties across the state that is asking for restrictions on opioid distribution and for municipalities to be reimbursed for law enforcement and public health-related costs in fighting the problem.
“The Gratiot County Board of Commissioners view litigation as an appropriate vehicle for holding manufacturers and distributors accountable for their marketing and distribution practices,” the Feb. 6 resolution stated. “The manufacturers of opioids know, or should know. that the overprescribing of opioids, as encouraged by the manufacturers’ deceptive and irresponsible marketing and distribution conduct, has contributed to the opioid epidemic as witnessed on a daily basis by the emergency responders, law enforcement personnel, emergency room staff, corrections officers, substance abuse counselors, family members and victims of the addicted.”
Between 2009 and 2015, there were 278,694 opioids prescribed in the county, according to the Michigan Automated Prescription System.
The resolution also appoints the firms of firms of Weitz and Luxenberg PC, the Sam Bernstein Law Firm PLLC and Behm and Behm as special counsel to represent the county’s interests in the litigation.
In the multi-district litigation, the plaintiffs are the municipalities such as cities, counties and townships, and the defendants are opioid manufacturing companies such as Janssen Pharmaceuticals and large retailers such as Rite Aid and CVS.
Commissioners have stated their stances on the lawsuit, both on Tuesday and in the past; in December, the county was first presented with the opportunity to join it.
“As peoples’ representative, it’s not a question of definitively whether the merits of our case is better than the opioid industry. If it goes to trial, all the facts will come out,” said Tim Lambrecht, District Four Commissioner.
He, and District One Commissioner Russell Bongard, both stated they believe the lawsuit will be settled at some point.
Commission Chair George Bailey asked the commission to meet with other entities such as the county sheriff, Mobile Medical Response, and others before deciding to join.
“Now that I know everybody’s on board, I feel more comfortable,” said Bailey, District Five Commissioner.
The commission was briefed last month by attorneys Mark Bernstein, of the Sam Bernstein Law Firm, and Michael Behm of the law firm Behm and Behh.
It would cost the county no money to be apart of the lawsuit but no more than 35 hours of staff time would be needed.
The lawsuit is in the discovery phase and is assigned to U.S. District Judge Dan Polster for the Northern District of Ohio.
Now that the county has joined, its part of the lawsuit will be filed in the U.S. District Court for the Eastern District of Michigan then transferred to the federal Northern District of Ohio.
If the lawsuit is successful, damages would come to the county in, most likely, a single amount. The county would decide what to do with the damage award.
Any costs by the firm put into the lawsuit would be reimbursed if the firms wins.
For example, for every $1 in damages awarded, 10 cents would be reimbursed to the law firm, 30 cents in fees would be taken from the award, and the other 60 percent would go to the plaintiffs.
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Here's why Multnomah County's $250M opioid lawsuit isn't bound for Ohio
Feb 8, 2018 | Portland Business Journal (WA)
By Elizabeth Hayes
The $250 million lawsuit Multnomah County filed against a host of opioid manufacturers is heading back to state court, contrary to drugmakers' wishes.
Mallinckrodt LLC had removed the case from Multnomah County Circuit Court and transferred it to U.S. District Court in Portland. The company wanted to sever four Oregon medical provider defendants and for U.S. Magistrate Judge John Jelderks to find that the federal courts have jurisdiction.
Instead, Jelderks said at a Wednesday hearing that he will recommend that it be sent back to state court.
If Mallinckrodt, which makes oxycodone, and the other manufacturers had succeeded, the lawsuit would likely have been rolled in with 200 similar cases filed by cities and counties around the country. Those suits are pending before a U.S. District Court judge in Ohio. The gist of the complaints is that drugmakers engaged in false and misleading marketing about the risks associated with opioids.
Mallinckrodt and the drugmakers, which also include Oxycontin maker Purdue Pharma, argued that consolidating Multnomah County’s suit would be more efficient and avoid prejudice. Jelderks has the discretion to sever the physician-defendants, who the county claims were “effectively drug dealers,” said attorney Brien O’Connor, with the Boston firm Ropes & Gray, who was representing Mallinckrodt.
“The better side of discretion here would be to drop those parties, so the case can end up in the Multidistrict Litigation,” O’Connor said. “It’s better for the whole opioid epidemic to get as many good minds together in that MDL as possible.”
But Brent Crumpton, an attorney from Birmingham, Alabama representing the county, urged Jelderks to return the case to circuit court, arguing all the defendants are intertwined.
“The backbone of their defense is they’re going to point to other parties and say they’re the cause of what happened,” Crumpton said. “To come here and say the parties they intend on blaming are not responsible for this litigation seems disingenuous.”
Crumpton also spoke of going through discovery to “find out what the defendants knew and when they knew it,” but the drugmakers have made "every effort to make sure documents remain sealed."
“Our theories are assuming that the information is available, it will prove the culpability of the defendants or they didn’t have any responsibility,” Crumpton said. “To start breaking the cases into pieces puts us at a disadvantage.”
The county estimates it spends $20 million a year addressing the opioid epidemic, between treatment and prevention efforts.
“We have people overdosing in libraries,” he said. “The county is being decimated by this epidemic through no fault of the county.”
Crumpton said he hopes the Multidistrict Litigation in Ohio resolves the myriad complaints; meanwhile, he said, the best course is for the Multnomah County case to remain at the state level.
“It could be years or such a minute amount it does no good,” Crumpton said of the Multidistrict Litigation. “In the meantime, we want an opportunity to go forward and hold these parties accountable. If we all just send it to Ohio and say, ‘Sorry, folks, we have to see what a judge in Ohio does,’ we do a disservice to the people we serve here in Multnomah County.”
The defendants have 14 days to object to the recommendation before it is reviewed by a district court judge.
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NIH and opioid response get boost in Senate budget deal
Feb 7, 2018 | STAT News
By Lev Facher
Senate leaders on Wednesday announced a bipartisan budget agreement that would increase funding for the National Institutes of Health by $2 billion and raise spending meant to address the opioid and mental health crisis by $6 billion over the next two years.
The White House endorsed the agreement during its announcement on the Senate floor. The House is likely to pass it with few changes, staving off another government shutdown or continuing spending resolution that had loomed if no agreement was reached.
The increase in NIH funding continues a trend of substantial budget increases for the agency over the last several years.
In a budget request submitted last May, the White House proposed a 17-percent reduction in the 2018 NIH budget, and indicated support for a cap on the portion of agency grants that can be used toward research institutions’ infrastructure costs. Congress instead ignored the White House request, and raised planned spending on the NIH to $36.1 billion dollars.
The Trump administration’s budget request for the 2019 fiscal year is expected on Monday.
Meanwhile, the funding to address the opioid crisis comes after months of congressional hand-wringing but little action on the subject. The Trump administration declared it a public health emergency in October but had not directed any new funding toward the effort or explicitly encouraged Congress to do so.
The $6 billion over two years falls roughly in line with recent proposals from Democrats and Republicans who had advocated for between $2 billion and $4.5 billion in additional funding for addiction treatment and prevention each year for the next decade.
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More Than 60 U.S. Cities Are Suing Big Pharma Over Opioids
Feb 8, 2018 | Next City
By Rachel Dovey
Through peer-to-peer compacts and direct negotiations with the U.N., city leaders took unprecedented action on climate change and immigration last year, despite federal stonewalling. In 2018, municipal officials appear to be pooling their legislative heft on another issue receiving little support from the White House: opioid abuse.
In 2017, the Trump administration promised to produce some “really tough, really big, really great advertising” to persuade Americans to “Just Say No,” according to the New York Times. But the president has so far offered little in the way of funding for the communities harmed by the opioid epidemic, which killed nearly 64,000 U.S. citizens in 2016. Instead, he’s attempted to pass trillion-dollar cuts to Medicaid and proposed slashing the Office of National Drug Control Policy by 95 percent, New York Magazine reports.
It’s in this federal environment that cities have decided to sue — en masse. According to the Guardian, more than 60 U.S. cities have filed lawsuits against the makers of prescription pain killers like OxyContin, Percocet and fentanyl. In late January, New York and Philadelphia joined their growing ranks.
“More New Yorkers have died from opioid overdoses than car crashes and homicides combined in recent years,” New York Mayor Bill de Blasio said, announcing the lawsuit. “‘Big Pharma’ helped to fuel this epidemic by deceptively peddling these dangerous drugs and hooking millions.”
Here’s a rundown of the more notable cases.
New York City
New York City’s case, filed in New York state supreme court on January 23, goes after Purdue Pharma, creator of OxyContin, Endo, maker of Percocet and Cephalon Inc. (now part of Teva Pharmaceutical Industries) which manufactures fentanyl lozenges, among others. From the New York Times:The lawsuit … 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 Times also points out that New York has been slow to respond to the crisis it’s now suing over. Last year, de Blasio announced a plan to reduce opioid deaths through outreach, treatment and law enforcement — but the effort came deep into his tenure.
A spokesperson for Purdue Pharma told the paper that the company “vigorously” denied the city’s allegations, and was “deeply troubled by the prescription and illicit opioid abuse crisis.”
Philadelphia
Philadelphia has suffered a higher rate of overdose deaths than any other major American City, according to the Centers for Disease Control and Prevention (CDC). Things are so bad, the city has been forced to set up a dedicated EMS unit just for overdose response, NBC Philadelphia reports.Mayor Jim Kenney announced the city’s lawsuit in mid-January. Like New York, Philadelphia is accusing manufacturers and distributors of deceptive marketing practices and seeking damages to reimburse the city for its costly response. The suit names Teva Pharmaceuticals, Cephalon Inc., Endo and Purdue Pharma.
“City agencies have incurred large, burdensome, unnecessary and avoidable costs to address the crisis,” City Solicitor Sozi Pedro Tulante said when the action was announced, according to NBC Philadelphia. “It is our duty to devote all resources we can to help protect the public from further perils and to finally put an end to the practices which are the root of this epidemic.”
After the filing, Teva Pharmaceuticals, Endo and Purdue Pharma, among others, said they were committed to curbing illegal use of their products. Endo and Purdue Pharma denied the city’s claims, NBC Philadelphia reports.
Chicago
The Windy City was an early adopter, filing its lawsuit against Purdue Pharma, Cephalon Inc., Endo and others in 2014. That suit also alleged that the manufacturers had “deceptively marketed opioid painkillers like Percocet and OxyContin for chronic pain management, even though the companies knew the drugs were ineffective at treating chronic pain and carried a high risk of addiction,” Time reported in 2014.“[The companies] knew — and had known for years — that opioids were too addictive and too debilitating for long-term use for chronic non-cancer pain,” the complaint stated. “In order to expand the market for opioids and realize blockbuster profits, Defendants needed to create a sea-change in medical and public perception that would permit the use of opioids for long periods of time to treat more common aches and pains, like lower back pain, arthritis, and headaches.”
The case is still ongoing, according to the New York Times. To date, city lawyers have received roughly 10 million pages of documents and held hundreds of interviews.
Everett, Washington
The northern Washington city is certainly not the biggest or most well-known plaintiff, but its suit, filed against Purdue Pharma last spring, is unique. From NBC News:While other suits against the company by states and municipalities have accused Purdue Pharma of deceptive marketing — allegedly playing up OxyContin’s effectiveness while playing down its addictiveness — Everett’s lawsuit is the first to claim the company knew its drugs were being diverted and did nothing to stop it.
In particular, the complaint outlines a drug ring that began with a sham clinic in Los Angeles and ended with a kingpin running OxyContin on the streets of Everett. The unravelling was detailed in a Los Angeles Times investigation that triggered the idea for Everett’s lawsuit.
Purdue Pharma disputed the allegations in the lawsuit and said in a statement that the city painted “a flawed and inaccurate portrayal of events that led to the crisis in Everett.”
Baltimore
Baltimore’s law department filed its lawsuit at the end of January. In it, officials go after research and development as well as marketing.The suit “alleges that the drug manufacturers have funded unscrupulous research that led to biased findings about the dangers of opioid pills and spread false information to doctors and consumers,” according to the Baltimore Sun. “The city accuses distributors of failing to properly report suspicious pill orders as required under federal and Maryland law.”
The suit names drug makers Purdue Pharma, Cephalon Inc., Janssen (a part of Johnson & Johnson), Actavis Generics and Endo Health Solutions and distributors McKesson, Cardinal Health and AmerisourceBergen, the Sun reports.
Other municipalities suing manufacturers and distributors include Haverhill, Massachusetts, Waterbury, Connecticut, Evansville, Indiana, Travis County, Texas, and many, many others.
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Missouri's Lawsuit Against Opioid Manufacturers
Feb 8, 2018 | OzarksFirst
By Jesse Inman
When it comes to the Missouri opioid epidemic, help may be on the way from Missouri's Attorney General.
During the month of February, KOLR10 is focusing on ways for people to get help for various problems including opioid addiction.
On behalf of the Missouri, Attorney General Josh Hawley wants to help those affected by opioid addiction... by way of a 42-page lawsuit.
"Missouri is among the hardest hit states in the country in terms of opioids effect on us," Hawley says.
"We are suing three of the largest opioid manufacturers in the country. Purdue pharmaceuticals, Endo health solutions, and Janssen pharmaceuticals. We have evidence that these companies spent millions of dollars misrepresenting the nature of these opioids drugs. Essentially lying about them to doctors, and then lying about them to doctors and lying to patients and consumers. Trying to get doctors to prescribe more of them, and trying to get patients to ask for them," says Hawley.
The lawsuit outlines many alleged misleading claims made by these companies over the past couple of decades.
"The claims made by the opioid manufacturers were that these drugs were not addictive if used over a long period of time," says Hawley. "We know that's not true, the pharmaceutical companies knew that wasn't true."
Another claim was pseudo-addiction, meaning people just think they are addicted.
"Telling the patients who are quite possibly addicted to opioids, that the cure for their problem is more opioids is just unbelievable," Hawley says.
Hawley says money was the motive to deceiving people.
"They have made billions of dollars, and they have driven opioid abuse and addiction to record levels, and it is having devastating effects. In 2016 for instance; almost 1,000 people died in the state of Missouri from either an opioid overdose, or a heroin overdose," Hawley explains.
Once a persons' tolerance plateaus with prescription drugs, some search elsewhere to get the high they crave.
"The use of prescription opiates acts as a gateway drug to heroin," says Hawley.
With all that has been said and done by these opioid manufacturers, Hawley says it is actually Missouri citizens that have been effected by the epidemic. That is who he is looking to help.
Edgar "Rock" Hagens is a recovering heroin addict who has been clean for 18 years.
Like many others, Rock started with prescription drugs, then moved on heroin. After several prison stints, it was a spiritual awakening, and an inpatient rehab center that helped him kick heroin. He says he would like to see more help available for those reaching out.
"Treatment is the number one thing we need in this community," Hagens says. "We need to help people to get into detox units, and then help people get into a 21 to 30 day bed. I think if we have more of those things available, it may make a big difference in some of these kids that are dying today."
Meanwhile in Jefferson City, Hawley is seeking to provide those options.
"We are seeking what could amount to hundreds of millions of dollars in damages," Hawley says. "What we want to see that go to is victim recovery, victim restitution, job training, addiction treatment, and community betterment and recovery programs. Let's help victims get treated. Let's get them back on their feet, let's get them clean so they can re-enter society."
With the well being of Missourians on his mind, Hawley hopes this lawsuit will be a big step in combating the opioid epidemic.
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South Georgia County, Hospital Authority Sue Over Opioid Addiction
Feb 8, 2018 | Daily Report (Law.com)
By R. Robin McDonald
An Athens law firm that’s building a reputation in medical multidistrict litigation is weighing in on the opioid crisis and what one partner says is its outsized impact on Georgia’s rural hospitals and counties.
Attorneys with Blasingame Burch Garrard & Ashley have filed two federal suits in the Southern District of Georgia—one on behalf of rural Candler County and a second on behalf of the Candler County Hospital Authority—against some of the nation’s largest pharmaceutical manufacturers and distributors. Partner James Matthews said the suits are among the first to be filed in Georgia seeking restitution for the millions of dollars fighting the ravages of the opioid crisis.
On Wednesday, the firm filed a third identical suit on behalf of the Athens-Clarke County Consolidated Government. Athens is home to the University of Georgia.
Matthews said the suits are just the opening salvo in Georgia’s opioid litigation. The firm expects to file similar lawsuits in the coming weeks on behalf of other Georgia counties and hospitals that have been financially devastated by the opioid epidemic. Some of those hospitals may be forced to close.
Citing a 2017 white paper by the Substance Abuse Research Alliance, Matthews said Georgia ranks among the top 11 states with the highest number of prescription opioid deaths. According to the report, 55 of Georgia’s 159 counties had higher drug overdose rates than the 2014 national average. Of those counties, 60 percent are located in rural areas with limited access to substance abuse treatment programs.
Matthews said that, between 2009 and 2014, Georgia had a 100 percent increase in inpatient hospital stays related to opioid addiction—the largest increase in the nation. During the same period, the state was third nationally in the increase in emergency room visits associated with opioids. Candler County is one of Georgia’s five most affected counties, he said.
“You will see that the highest prescription rates are in the smaller cities, towns and smaller, least populated counties, he said. “They are in counties where more of the residents are white … where more people are uninsured or unemployed.”
Matthews said the Georgia suits will be folded into the multidistrict litigation pending before U.S. District Judge Dan Polster of the Northern District of Ohio.
Those suits, like the Candler County suits filed in Georgia’s Southern District on Jan. 29, allege aggressive, deceptive marketing practices and the widespread, indiscriminate distribution of the highly addictive drugs to physicians and clinics across the nation.
Polster already has appointed lead counsel in the MDL. But he has not yet named a steering committee. Matthews said his firm is seeking appointment to the plaintiffs’ steering committee.
“We think that’s important, because that will give Georgia counties and the hospitals we represent a better seat at the bargaining table,” Matthews said.
And although the Athens firm is small, it has already had an outsize impact in MDL litigation in Georgia and elsewhere in the country. Firm partner Henry Garrard is currently co-lead counsel in the transvaginal mesh MDL against medical supply manufacturer C.R. Bard in the Southern District of West Virginia.
He also serves on the executive committee in the Johnson & Johnson talcum powder cases in Los Angeles Superior Court in California.
Garrard also was appointed as sole plaintiffs’ lead and liaison counsel and to the plaintiffs’ steering committee in the Mentor ObTape MDL in the Middle District of Georgia and was lead counsel in that MDL’s first bellwether trial.
Last August, U.S. District Judge Richard Story appointed Garrard as co-lead plaintiffs’ counsel, sole liaison counsel and placed him on the MDL steering committee in the Ethicon physiomesh flexible composite hernia mesh products MDL, which was transferred to the Northern District of Georgia last June.
“People think we’re just a little old firm in Athens,” he said. “We are actually better known nationally than we are in the state.”
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Drug companies the real profiteers (Letter to the Editor)
Feb 7, 2018 | The Advocate (LA)
By Stuart H. Smith & Brent Bell
Your recent Advocate editorial stated: "The war against opioid addiction promises to be a long and costly one. It should be waged on behalf of the public, not the profiteers." The real profiteers are the drug manufacturers and distributors who grossed billions of dollars annually through many fraudulent and deceptive practices.
The federal government has determined that they misled doctors and the public about the benefits these opioid drugs would provide, while hiding the very real risks of addiction. Responsible parties admitted that independent medical experts never said opioid-based acute pain meds for cancer patients or end-of-life pain could be used for long-term pain control in other conditions. Purdue Pharmaceuticals knew OxyContin did not provide 12 hours of pain relief. Since the 1990s, every graduating med student and family doctors were schooled in treating patient pain from any source with opioids. Firms told doctors there was no dose limit for prescribing opioids to all pain patients.
Meanwhile, Louisiana had a 14 percent increase in overdose deaths from January 2016-2017. One-third of all children now go into foster care because of unwanted opioid addiction by their parents. Thus, those who sought to profit from an opioid-addicted America have already done so. A federal judge in Ohio where many cases will be reviewed, settled and/or tried stated the legislative and executive branches failed the American people, so finding a solution falls to the courts.
The medical industry and the legal community must come together to make sure that those responsible — and not the taxpayer — provide the funds to stop and treat the crisis threatening an entire generation of Americans. Money obtained from court proceedings should go to counseling programs, opioid baby birthing centers, foster care, law enforcement and other community programs dealing with the biggest public health emergency since the 1918 flu pandemic. That is why we both have become involved in holding the pharmaceutical industry to account — I as a professional litigator, and Dr. Bell as a medical expert involved in litigation against the industry. We both work with Opioid Justice Now, a group of attorneys and medical professionals helping others pursue opioid-related legal claims. America’s parishes/counties, cities, hospitals, babies and others are suffering massive damages from this industry-inflicted wound.
Medical experts and attorneys like us, from across party lines, are united in obtaining the oversight, money and monitoring needed to address this problem.
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Md. mothers of overdose victims want Big Pharma to pay
Feb 7, 2018 | WUSA (MD)
By Scott Broom
Every week in Montgomery County, Md., as many as 25 moms touched by tragedy meet to talk, laugh and cry.
They are all mothers whose sons and daughters have died of opioid overdoses. They call their support group S.O.U.L. for Surviving Our Ultimate Loss.
"They help you get through every day," said Amy Cassignol, whose son JP died of an overdose in 2016.
The women say large pharmaceutical companies share the blame for aggressively marketing opioid pain killers in the same way big tobacco companies were ultimately found liable for public health costs linked to smoking.
On Wednesday, the SOUL mothers gathered to applaud Montgomery County Executive Ike Leggett for joining at least 100 other U.S. municipalities in filing lawsuits against large drug companies.
Leggett is seeking reimbursement for County expenses in responding to the crisis and aiming to stop future deceptive and misleading marketing practices that have contributed to the growing epidemic.
The county is suing 14 pharmaceutical manufacturers and distributors
The companies named in the suit, which was filed in federal district court, include: Purdue Pharma L.P. of Stamford, CT; Cephalon, Inc. of Frazer, PA; Teva Pharmaceutical Industries Ltd. of Israel; Teva Pharmaceuticals USA, Inc. of North Wales, PA; Endo International PLC of Ireland; Endo Health Solutions Inc. of Malvern, PA; Endo Pharmaceuticals Inc. of Malvern, PA; Jansen Pharmaceuticals, Inc. of Raritan, NJ; Insys Therapeutics, Inc. of Chandler, AZ: Mallinckrodt PLC of the United Kingdom; Mallinckrodt Pharmaceuticals of St. Louis, MO; AmerisourceBergen Corporation of Chesterbrook, PA; Cardinal Health, Inc. of Dublin, OH; and McKesson Corporation of San Francisco, CA.
“The Opioid crisis is wreaking severe damage on individuals and communities throughout our great nation – and Montgomery County is not immune,” said County Executive Ike Leggett. “Just ask the first-responders in our Fire & Rescue Service and our Police. Ask our front-line personnel in Health & Human Services. We are talking about addiction, death, broken lives, and broken families.
The lawsuit in being brought on a contingency basis on the County’s behalf by the firm of Robbins Geller Rudman & Dowd LLP.
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Trump Says He Will Focus On Opioid Law Enforcement, Not Treatment
Feb 7, 2018 | National Public Radio
By Greg Allen
More than three months after President Trump declared the nation's opioid crisis a public health emergency, activists and healthcare providers say they're still waiting for some other action.
The Trump administration quietly renewed the declaration recently. But it's given no signs it's developing a comprehensive strategy to address an epidemic that claims more than 115 lives every day. The President now says to combat opioids he's focused on enforcement, not treatment.
Trump spent just over a minute of his 80-minute State of the Union address talking about opioids. In a speech this week in Cincinnati, he had a few more comments. The opioid epidemic, he said, "has never been worse. People form blue ribbon committees. They do everything they can. And frankly, I have a different take on it. My take is you have to get really, really tough, really mean with the drug pushers and the drug dealers."
The President's mention of "blue ribbon committees" sounds like a slam on one he convened last year, chaired by former New Jersey Governor Chris Christie — the President's Commission on Combating Drug Addiction and the Opioid Crisis. The commission issued more than 50 recommendations. The administration has so far followed up on just a few of those recommendations.
Some officials and care providers who work on the frontlines of the opioid crisis, however, are scathing about what they see as a lack of action from the White House. Former Congressman Patrick Kennedy, who served on the White House opioid commission, says he's "incredulous" that, after declaring a public health emergency in October, the President still hasn't requested any money from Congress to combat the epidemic.
"I mean this is just a mental health crisis of the first order," Kennedy says, "and this administration has done nothing."
Here's what the administration has done so far:
President Trump declared a public health emergency in October to deal with the opioid epidemic. The declaration brought no new money to fund the federal response.
In November, President Trump announced he's donating his third-quarter salary — about $100,000 — to help the Department of Health and Human Services fight opioids.
The Centers for Medicare and Medicaid Services announced a policy change in November that allows states to apply for waivers allowing them to use Medicaid to pay for residential drug treatment at facilities that have more than 16 beds. Some states are already taking advantage of that policy change.
President Trump signed the INTERDICT Act in January giving federal agents additional tools for detecting fentanyl and other synthetic opioids at the border.
Also this month, Attorney General Jeff Sessions announced an operation using medical data to crack down on pharmacies and doctors that dispense suspicious amounts of opioids.
Here are things critics point out the administration hasn't done:
There is still no head of the Office of National Drug Control Policy. In October, Trump's nominee to the position, Rep. Tom Marino, R-Pa., withdrew his name after reports linked him with a bill that limited the DEA's ability to investigate abuses by opioid manufacturers and distributors.
President Trump still hasn't nominated anyone to head the Drug Enforcement Agency.
The administration hasn't asked Congress for any new funding to address the opioid epidemic.
Roughly 64,000 people died from drug overdoses in 2016, and data from the CDC indicates deaths are rising. Kennedy says what's needed is a coordinated federal response similar to the one in the mid-1990s — when the U.S. spent $24 billion a year to address the HIV/AIDS crisis.
"We're talking about a major league crisis and they're taking credit for little things, while the whole country is burning down," Kennedy says.
Instead of a big boost in funding, the Trump administration is focused, in many cases, on cutting spending.
In the 2018 budget, the President recommended cutting the Office of National Drug Control Policy budget by 95 percent, and may do so again this year.
"It's very hard to make sense of," says Keith Humphreys, a professor of psychiatry at Stanford and former policy adviser to the drug czar's office in the Obama administration. "I mean, it's like closing a fire station in the middle of a wildfire."
A law signed by President Obama that designated a billion dollars to help states combat opioids runs out of money this year. Humphreys has seen no sign President Trump intends to ask Congress to renew that funding.
"The 2018 budget had a $400 million cut to the Substance Abuse and Mental Health Services Administration which is the lead agency that funds treatment in the United States," Humphreys says. "So, the administration's impulse seems to be not to spend more — in fact to spend less."
The White House is preparing to act on one of the recommendations of its opioid commission—that it launch a campaign to educate the public, especially young people, on the dangers of opioids. The campaign is being developed not by the Office of National Drug Control Policy, but by a team in the White House led by Kellyanne Conway.
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Citing Infamous Big Tobacco Hearing, Sanders Wants Drug CEOs to Testify on Opioid Crisis
Feb 7, 2018 | Alternet
By Jessica Corbett
Sen. Bernie Sanders (I-Vt.) is calling for pharmaceutical industry executives to testify in the Senate and for lawmakers to investigate the role manufacturers and distributors have played in fueling the national opioid crisis.
"This epidemic has not only cost us hundreds of thousands of lives, but has also cost federal, state, and local governments hundreds of billions of dollars for healthcare, law enforcement, and reduced productivity," Sanders wrote in a letter(pdf) to Sen. Lamar Alexander (R-Tenn.), chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, on Monday.
While President Donald Trump continues to fail on his promise to seriously prioritize the issue of opioid addiction, the letter declares, "It is time for the United States Congress to investigate this crisis, to learn what the drug companies knew about these products, and to hold them accountable in helping communities all over this country address this deadly and expensive crisis," emphasizing the HELP Committee "should be at the forefront of investigating all the causes that led to this epidemic."
More than 63,000 Americans died from drug overdoses in 2016 alone, and the majority of those deaths were tied to opioid use, according to the Centers for Disease Control and Prevention (and recent research has shown the official count may be far lower than the actual death toll). While the HELP Committee has held multiple hearings in response to the crisis—with another scheduled for Thursday—none have addressed the culpability of prescription drug companies, particularly with regard to marketing practices and communicating risks to doctors.
"This crisis did not happen in a vacuum. Thanks to the work of many investigative journalists, we know that pharmaceutical companies lied about the addictive impacts of the drugs. In other words, they knew how dangerous these products were, but refused to tell doctors and patients," the letter continues, pointing to a series of damning reports that have been published in recent years. "The public needs to know whether or not the industry's marketing practices were complicit in creating this crisis."
Sanders' letter recounts when tobacco industry executives testified in front of a House subcommittee in 1994, highlighting that during the hearing, lawmakers "had the courage to demand" that those testifying "tell the American people what they knew and when they knew that tobacco was a major health hazard, and had killed millions of people." Noting that those hearings "led to real change," the senator demands lawmakers "summon that courage again" to bring Big Pharma executives to the Senate.
While more than 100 states and municipalities have filed lawsuits and received settlements from opioid producers and distributors, which the letter acknowledges, the senator emphasizes that it's "not nearly enough" to cover the costs of crisis, declaring "the states cannot do it alone."
The letter also notes that Sanders plans to "introduce legislation to hold these companies accountable for the destruction they have caused," which he says would "prohibit illegal marketing and distribution practices with respect to opioids" and require drug companies to "reimburse the economic impact of their products."
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Pharmacy Companies Allegedly Use Campaign Donations in Attempt to Buffer Opioid Lawsuit Outcomes
Feb 8, 2018 | Workers Compensation.com
By Liz Carey
As pharmacy companies face lawsuits in 35 states, many are allegedly using campaign donations as a way to influence attorneys general and ultimately, the outcome of those cases, according to a report from CBS News.
Accused of fueling the opioid crisis in America, drug makers and distributors face federal court, as they try to negotiate settlements in the hundreds of lawsuits they face, and others they may face from states in the future.
The Center for Disease Control estimates that 91 Americans each day die from opioid overdoses. And the cost to governments is huge.
“It’s devastated county and municipal budgets. There’s been a significant cost for law enforcement, first responders, for drug treatment, for lost productivity of government workers and for services like autopsies,” said Mark Chalos, a Nashville-based partner at Lieff Cabraser Heimann & Bernstein, LLP a law firm counseling some of the counties in Tennessee exploring lawsuits, in Governing Magazine.
Ohio Attorney General Mike DeWine, who grew tired of waiting for action, sued Purdue Pharma, Endo Health Solutions, Allergan, Teva Pharmaceuticals and Johnson and Johnson in May of last year. Once his suit was filed, 11 other states also filed suits against the companies. Purdue has tried to persuade DeWine to drop his lawsuit and negotiate a settlement.
“There’s a lot at stake for them, so they have been very aggressive,” DeWine said. “They’ve lawyered up. They’ve hired lobbyists.”
In all, more than 100 states, cities and counties have filed suits against drug manufacturers and distributors.
Some 41 states have banded together to subpoena drug makers Endo, Johnson and Johnson’s Janssen Unit, Teva Pharmaceuticals and Allergen. Additionally, they have requested information from Purdue Pharma, and distributors AmerisourceBergen, Cardinal Health and McKesson.
The lawsuits, proponents say, will not only make an impact on the drug companies, but also help states and municipalities recoup their losses due to the opioid epidemic.
“The lawsuit will ultimately do both,” said Ryan Stubenrauch, campaign spokesman for Mike DeWine, in an email interview with WorkersCompensation.com. “In the immediate term, these drug companies need to clean up the mess they made and that means being responsible for the huge sums of money paid by Ohio to deal with the opioid epidemic. The human and economic costs of this epidemic are so great that the drug companies will have to change their behavior and culture to address the obvious problems that exist.”
In response, pharmaceutical companies have made nearly $2.4 million in contributions to political associations for state attorneys general over the past three years, according to CBS News. While legal, the contributions allow companies to allegedly get access to the attorneys general which provides them with the opportunity to urge the attorneys general not to sue.
“It’s important to keep in mind that over the past year and half as DAGA (Democratic Attorneys General Association) has grown from a part-time committee to a full-time professional team, we have seen an uptick in contributions across the board including unions, advocacy groups, industry and business. Our fundraising has doubled in that time,” the organization told WorkersCompensation.com in a statement.
“The powers of state AGs vary not only by state, but also in breadth, depth, and scope — and the challenges Democratic AGs face are complex, especially under this current administration. That is one of the many reasons DAGA 2.0 is facilitating panels and conversations with not only just members, but also with policy experts, advocacy groups, and key constituencies to make sure different opinions and perspectives are shared-and that our AGs are hearing from a wide variety of voices on the intricate issues facing their states.”
The Republican Attorneys General Association also released a statement to CBS News.
"Elected leaders have an obligation to the people they serve to hear from all sides. This means meeting with key stakeholders in industry, grassroots organizations, law enforcement, advocacy groups and of course — their bosses — voters. Republican attorneys general follow all required legal guidelines to have these conversations, and they will continue to have them because they are committed to advancing solutions that make our communities and states safer and stronger."
Stubenrauch said drug companies’ lobbying efforts won’t change anything.
“No amount of lobbying or access is going to change the facts that they played a huge role in creating the opioid crisis that is killing 15 Ohioans per day,” he said. “Months ago, Mike DeWine asked the drug companies to come into his office and negotiate a settlement to the lawsuit he filed against them for their actions. Some have come forward, others have not.”
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Feb 8, 2018 | KOZL (Fox)
By Springfield, MO
Video Link: http://app.criticalmention.com/app/#clip/view/32558958?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: the opioid epidemic is still strong in missouri... but help is on the way lauren: we ll tell you how josh hawley is planning to help those dealing with opioid addiction 8:42 AMlauren 8:43 AM8:44 AMbrought earlier in the week.... lauren during the month of february, kolr10 is focusing on ways for people to get the help they need. yesterday s report...about ways to treat opioid addiction, ended with many people struggling to get assistance. joe but as kolr 10 s jesse inman reports, help could be on the way for missourians... due to a 8:45 AMlawsuit filed by attorney general josh hawley against big-time pharmacuetical companies. (jesse inman (josh hawley, missouri attorney general) "missouri is among the hardest hit states in the country in terms of opioids effect on us." ji: on behalf of the state, attorney general josh hawley wants to help those affected by opioid addiction... by way of a 42-page lawsuit. (josh hawley, missouri attorney general) "we are suing three of the largest opioid manufacturers in the country. purdue pharmacuedicals, endo health solutions, and janssen pharmacuedicals. we have evidence that these companies spent millions of dollars misrepresenting the nature of these opioids drugs. essentially lying about them to doctors, and then lying about them to doctors and lying to patients and consumers. trying to get doctors to prescribe more of them, and trying to get patients to ask for them." ji: the lawsuit outlines many alleged misleading claims made by these companies over the past couple of decades. (josh hawley, missouri attorney general) "the claims made by the opioid manufacturers were that these drugs were not addictive if used over a long period of time. well, we know that s not true, the pharmacuedical companies knew that wasn t true." ji: another was psuedo-addiction... meaning people just think they are addicted. 8:46 AM(josh hawley, missouri attorney general) "telling the patients who are quite possibly addicted to opioids, that the cure for their problem is more opioids... is just unbelievable." ji: hawley says money was the motive to decieving people. (josh hawley, missouri attorney general) "they have made billions of dollars, and they have driven opioid abuse and addiction to record levels, and it is having devestating effects. in 2016 for instance: almost 1,000 people died in the state of missouri from either an opioidoverdose, or a heroin overdo." ji: once a persons tolerance plateus with the opioids, some search elsewhere to get the high they crave. (josh hawley, missouri attorney general) "the use of prescription opiates acts as a gateway drug to heroin." bridge ji: "with all that has been said and done by these opioid manufacturs, hawley says it is actually missouri citizens that have bn effected by this, and that is who he is looking to help. (edgar "rock" hagens "for thirty years of my life... that s all i knew." ji: edgar "rock" hagens is a recovering heroin addict who has been clean for years. (edgar "rock" hagens "it will be 18 years in may." ji: like many others, rock started with prescription drugs, then moved on heroin. after several prison stints, it was a spiritual awakening, and an inpatient rehab center that ji: edgar "rock" hagens is a recovering heroin addict who has been clean for years. (edgar "rock" hagens "it will be 18 years in may." ji: like many others, rock started with prescription drugs, then moved on heroin. after several prison stints, it was a spiritual awakening, and an inpatient rehab center that helped him kick heroin. he says he would like to see more help available for those reaching out. (edgar "rock" hagens "treatment is the number one thing we need in this community. to help people to get into detox units, and then help people get into a 21-30 day bed. i think if we have more of those things available, it may make a big difference in some of these kids that are dying today." ji: meanwhile in jefferson city, hawley is seeking to provide those options. (josh hawley, missouri attorney general) "we are seeking what could amount to hundreds of millions of dollars in damages. but what we want to see that go to is victim recovery, victim restitution, job traing, addiction treatment, and community betterment and recovery programs. let s help victims get treated. let s get them back on their feet, let s get them clean so they can re-enter society." tag ji: "with the well being of missourians on his mind hawley hopes this lawsuit will be a big step in combatting the opioid epidemic.
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Feb 8, 2018 | KSCW (CW)
By Wichita, KS
Video Link: http://app.criticalmention.com/app/#clip/view/32559138?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: we told you that segwick county became the first county in kansas to sue drug distributors for their role in the opioid epidemic. now, other counties are joining the lawsuit. pratt county commissioners passed a resolution-- to pursue civil actions against opioid manufacturers and distributors. the lawsuit claims the companies are liable for the opioid epidemic's cost to government enties.
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Feb 8, 2018 | WDVM (WDVM)
By Washington, DC
Video Link: http://app.criticalmention.com/app/#clip/view/32559154?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: the montgomery county government... and its leaders... are taking a stand... against opioid addiction... with a newly launched lawsuit. montgomery county... and its legal team... announced... that the lawsuit... will target 14 opioid manufacturers... and distributors. leggett... and his team... allege that harmful and misleading advertising practices... have helped feed.... the opioid epidemic. the lawsuit... will also... go after doctors... who were allegedly careless... with their powers of perscription. "you give the kids oxccontin they get addicted - they are dieing by the dozens - so what do you do - you produce another drug called narcan that can save their life but they still stay addicted to youre product ... they need to be held accountable there is no doubt." michella: executive's legal team... the opioid epidemic... currently claims the lives of... 145 people every day.
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Feb 8, 2018 | WFIE (NBC)
By Evansville, IN
Video Link: http://app.criticalmention.com/app/#clip/view/32559161?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: the city of evansville is joining a long list of plaintiffs in a suit against opioid manufacturers and distributors. city officials say this lawsuit is about fighting back against the epidemic and holding companies responsible. it places heavy blame on drug manufacturers and distributors for enabling the opioid epidemic, using two main points... that manufactures pushed the highly addictive opioids to patients. and that distributors didn't follow their legal obligation to monitor and report suspicious prescriptions. marco delucio: "to gain control over the distribution of opioids, so going forward, it's to try to stop the crisis now so that it doesn't continue on into the future. part of the lawsuit is to try to cover damages that municipalities like evansville have incurred in dealing with problems that have associated with opioids." the goal is for stricter regulations and limiting prescriptions to only what is medically necessary. the goal is for stricter regulations and limiting prescriptions to only what is medically necessary.
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Feb 8, 2018 | CSPAN
By National Programming
Video Link: http://app.criticalmention.com/app/#clip/view/32559190?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: jim hood is our guest. he's the long serving attorney general for the state of mississippi. numbers are on the screen. if you like to dial in and participate in our conversation, 202 is the area code. 748-8000 for mississippi residents. and for everybody else, 748-8001. attorney general hood, you mention the opioid crisis. could you put some numbers or some facts to how it's affecting mississippi, arrests, costs, et cetera? 3:47 AM85% of the overdose deaths last year were as a result of oep identifies. i can tell you as a prosecutor during the crack epidemic in the early '90s. we dealt with the meth epidemic in the early 2000s. i haven't seen an epidemic that reaches such a cross section of our citizens as have opioids. it can be a kid playing football that gets injured, a military -- someone serving in the military that gets injured to a middle age person to an elderly person. some of injury they get addicted to opioids. and many times they turn to heroin. that's where we're seeing the overdoses in our state. and many appalachian states have struggled with this before. so we had an opportunity watching what happened in the state of kentucky to take some measures and i've encouraged our legislature to do that through some of the recoveries. 3:48 AMin fact, part of that $224 million i encouraged them to provide more beds for treatment, you know, rehabilitation for those that are addicted. i filed an action in december of 2016 against the opioid manufacturers. five companies, you know, it's incredible the misrepresentations that they made about the addictive nature of opioids. my grand father was a doctor back in the '30s and, '40s and '50s and we knew how dafkt morphine was. the drug companies sent out a lot of salesmen to mislead our doctors and public. so at some point they will be held accountable. we were one of the earlier states to get involved in that litigation against the manufacturers. so hopefully we'll have a source of funds to pay for the damage caused by those. but tell that to a mother who loses her son to an overdose. we'll never be able to repair the damages. at some point they'll pay but the legislature is not moving forward to, you know, try to deal with this crisis.
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Feb 7, 2018 | WGMB (Fox)
By Baton Rouge, LA
Video Link: http://app.criticalmention.com/app/#clip/view/32559205?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: east baton rouge parish is taking the fight to the opioid manufacturers themselves."east baton rouge parish has hired a team of attorneys to file a lawsuit against the drug manufacturers and responsible for fueling the opioid epidemic."these steps in place, it will be a long road ahead.beau clark: east baton rouge coroner:"this didn't happen something that's been going on for a while, so i'ts notlike the solution either." for fox 44, i'm amber we have more information about measures to fight this epidemic.
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Feb 7, 2018 | WBNDLD (ABC)
By South Bend, IN
Video Link: http://app.criticalmention.com/app/#clip/view/32559226?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: that marshall county filed 6:19 PMlast week!!and im told if things go as planned -- st joseph county may have a lenghty lawsuit of their own -- soon!! 3 331 economic recovery.and how do we address this going forward so we can get money to payourselves back fro what weve spentâbut also how do we fix this going forwardit's a two-fold end game -- for the indiana counties -- fighting the hard fight- - against drug companies and distributors that deal with opioids.jeff gibson -- a partner at cohen and malad law firm -- says --it's something they need to take responsibility for.so far -- the firm is representing 11 counties--cities-- municipalities in the hoosier state -- wanting payback for the cost of the opioid epidemic ---the cost of the lives lost and ruined -- and the cost of continuing to take care of drug problem.in the claim filed by marshall county --- last week -- the firm states --- that the quote-- "dramatic increase of prescription opioid pain medications" was brought on by "the deceptive marketing campaigns"that's only part of the problem -- and st joseph county commissioner andy kostielney says enough is enough. 33612 we need to try and raise awareness that this is an issue which i think is happening. but the other thingâif were fortunate enough to get some resources inâto offset the burden that has been put on county government 3 again -- the county commissioners only had their meeting with the law firm yesterday--but im told they will have a final decision february 20th -- during their commissioner meetingand
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| WLBT (NBC)
By Jackson, MS
Video Link: http://app.criticalmention.com/app/#clip/view/32559243?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: the city of hatiesburg is the latest municipality to sue the major drug companies -- over the opioid epidemic. councilmen voted unanimously to file a lawsuit against opioid makers. the suit claims the companies made and distributed the drugs -- knowing they can become addictive. the cdc says there were at least two prescriptions for every man, woman, and child in forest county in 2016. hattiesburg is the first city in missisipi to file suit. this is a significant public health issue and we as policy makers, we as leaders, we take a look at our community, we realize these problems are not going to get any beter without intervention. that's why we are taking this step, because we do believe people should be held accountable for letting this problem go on for as long as it has." mayor barker says if the lawsuit is successful, any damages paid would cover the atorneys' fes -- and the rest would go into education, law enforcement, and addiction recovery.
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Feb 7, 2018 | WCBD (NBC)
By Charleston, SC
Video Link: http://app.criticalmention.com/app/#clip/view/32559258?token=35116893-29eb-4672-82dd-5a83902a93b2
Rough Transcript: the fight continues here if in south carolina against the opioid empowering dem i can. beaufort county filed a complaint against opioid manufactures and distributors. they are saying that they mislead health professionals about how addictive the opioids law. the lowcountry lawyers say that the lawsuit affects you, the taxpayer. >> ever dollar that is spent on the counties resulting in damages from the opioid epidemic is a dollar not spent on roads, education, or other services that citizens of the counties could have benefited from. it is a direct loss to the taxpayer. >> the goal of the lawsuitis to bring down the number of opioid related deaths in south carolina. the--deaths near south carolina and also help taxpayers get their money back.
MDL
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