Purdue Pharma Battling More States Over Opioid Crisis

Oxycontin maker Purdue Pharma has been in the hot seat when it comes to the opioid crisis, as some feel that the company deceptively marketed its prescription painkiller to generate sales, which led in part to the current opioid crisis. Lawsuits had been filed by sixteen states and Puerto Rico.

In mid-May 2018, six additional states announced lawsuits against the company, including Nevada, Texas, Florida, North Carolina, North Dakota, and Tennessee. Attorneys General of the six states believe that Purdue also violated state consumer protection laws by falsely denying or downplaying the addiction risk associated with opioids, while overstating the benefits.

On May 31, 2018, Utah joined the states suing Purdue Pharma, alleging that the company failed to comply with legal obligations that “has led to an epidemic of prescription opioid abuse in Utah.” The lawsuit alleges 466 opioid-related deaths in 2016 alone and treatment costs of $268 million drained from state resources.

The newest suits seek damages for costs related to drug treatment, babies born addicted to opioids, state foster care services, law enforcement and other taxpayer expenses caused by the epidemic.

“It’s time the defendants pay for the pain and the destruction they’ve caused,” Florida State Attorney General Pam Bondi told a press conference. She went on to say, “If we continue this tragic path, it’s hard to imagine any Florida family that will not be impacted by this.”

Nevada Attorney General Adam Laxalt announced the filing of a lawsuit against Purdue Pharma after a two-year investigation revealed the company trained sales representatives to overstate to Nevada doctors the drugs’ effectiveness in long-term pain relief to generate more sales of the drugs. Purdue Pharma representatives also understated the risk of addiction to the drugs, ultimately contributing to large-scale opioid dependence and abuse in Nevada, Laxalt said. “Today’s lawsuit is another step on the path toward justice for victims of this epidemic. These companies will be held accountable for their conduct.”

Texas Attorney General Ken Paxton is focused on taking the drug maker to court for misrepresenting the risks of opioid addiction and getting injunctive relief from the courts so that Purdue will no longer be able to misrepresent their drugs. “We must make those who have caused the opioid crisis feel the pain that they have inflicted on our community,” Paxton said.

North Dakota Attorney General Wayne Stenehjem said in a press release, “The state alleges that Purdue made unsubstantiated claims regarding the benefits of long-term opioids treatment, and falsely represented that opioid use improved patients’ function and quality of life. Purdue targeted vulnerable patient populations, such as the elderly and veterans, while refusing to recognize the increased risk associated with opioid use in these patient populations.”

“Our office has conducted an extensive investigation into Purdue’s highly aggressive marketing practices and other unlawful conduct,” Tennessee Attorney General Herbert Slatery said in a press release. “We believe Purdue’s conduct has been unconscionable, and we intend to hold the company accountable.”

“We are disappointed that after months of good faith negotiations working toward a meaningful resolution to help these states address the opioid crisis, this group of attorneys general have unilaterally decided to pursue a costly and protracted litigation process,” Purdue said.

These additional states may soon be joined by still others, as Florida Attorney General Pam Bondi said attorneys general from New York, California, and Massachusetts were preparing similar lawsuits. At the beginning of May 2018, Massachusetts sent a letter to Purdue, notifying the company of its intention to sue.

Several of the states involved in the Purdue litigation are also contemplating suing other drug makers, manufacturers, and promoters.

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