Drug Firms Blame Opioid Crisis on Illicit Websites, Dealers
Two pharmaceutical companies say the real culprits in the opioids epidemic are illegal dealers of the painkillers and want them to be on the hook financially for any damages potentially assessed against drugmakers.
Endo International Plc and Mallinckrodt Plc sued a host of convicted drug dealers and Internet sites this week for illegally offering opioids. Among them: RxCash.Biz, which offers misbranded opioids online, an Italian man indicted for of operating so-called pill mills, and a Tennessee resident who’s serving 10 years for possessing fentanyl with an intent to distribute.
The companies also named Tennessee counties and towns, seeking a ruling that effectively limits the firms’ financial responsibility over claims they fueled a public-health crisis through their marketing of the prescription painkillers.
The suit, filed July 16 in state court in Kingsport, Tennessee, comes almost two months after a Tennessee judge rejected Endo’s and Mallinckrodt’s push to have the Tennessee municipalities’ opioid suit thrown out. Tennessee Attorney General Herbert Slatery III also sued opioid makers in May, saying their marketing of the drugs as nonaddictive violated federal and state laws.
If lawyers for Tennessee cities and counties persuade a jury to tag Endo and Mallinckrodt with millions in damages over their opioid sales, the drugmakers argue, they “are entitled to contribution from the illegal supply chain defendants,’’ according to court filings.
Gerard Stranch IV, a lawyer for Sullivan County, Tennessee, which is among the municipalities that sued the companies, said the case is frivolous.
“They’re basically suing us for not having enough body bags on hand to clean up after their mess,” he said. “It’s a PR stunt. What they’re trying to do is intimidate other cities and counties from filing these lawsuits against them.”
Opioid Judge Wants ‘Meaningful’ National Accord on Cities Suits
Endo and drugmakers Johnson & Johnson and Purdue Pharma LP are among the companies in talks with state attorneys general and lawyers representing cities and counties seeking a resolution of cases accusing the companies in the crisis. A judge in Cleveland overseeing the consolidation of local governments’ opioid suits has said he wants a deal that goes beyond money, addressing the companies’ business practices and the roots of the crisis that claims the lives of more than 100 Americans daily.
Endo, which makes the drug Opana, and Mallinckrodt, which produces a generic version of Oxycodone, say that 90 percent of opioid overdoses “involve illegal, non-prescription opioids and the majority of those who misuse prescription medications obtain their pills illegally.’’
Pharma companies have no duty to deter “illegal pill mills and unscrupulous doctors who divert legal drugs for illegal purposes,’’ their lawyers noted.
“This is the first in the nation type of filing that properly describes the cause of the so-called opioid epidemic as the true source, which is the illegal supply chain, which has been documented by regulators, the scientific community and even some of the authorities connected with the plaintiffs themselves,” said John Hueston, an outside attorney for Endo.
Stranch said the companies’ complaint cites a database the cities and counties don’t have access to, and pointed out that the drugmakers didn’t use that information to help stem the epidemic. He said that the companies are challenging findings that the court already made and trying to re-litigate the case.
He said he asked for information about any diversion of opioids to potential pill mills, as well as the identities of doctors suspected in overprescription or diversion activities and the drugmakers have refused to provide them.
Opioids and Heroin and the U.S. Epidemic of Addiction: QuickTake
Barry Staubus, Sullivan County’s district attorney, said the suit is without merit. Under Tennessee law, prosecutors can bring such civil cases on behalf of the residents of their counties.
“We’ve been inundated by opioids and we’ve done the best we can,” he said. “They’re trying to shift responsibility from themselves to someone else.”
Other plaintiffs include two other district attorneys and a baby, who allegedly was born with neonatal syndrome because of exposure to opioids. The two lawyers couldn’t be reached for comment.
“The whole idea is ridiculous,’’ said Paul Hanly, a New York-based plaintiffs’ lawyer and one of the leaders of the Cleveland process. “I don’t see why the drug companies think they should be absolved from liability for the conduct of third parties. I don’t think it will fly.’’
In its filing, Endo and Mallinckrodt seek a ruling barring the municipalities from challenging in the future a jury’s division of damages between the companies and the drug dealers.
The case is Endo Health Solutions Inc v. Alfa Bay, No. C-41916, Div-C, Sullivan County Circuit Court (Kingsport, Tennessee)
Filed under: General Problems
Other then Pursue who first came out with Oxcontin and started to say it was less addictive (Which they knew was not true and back away from that claim over 15 years ago) there is little to blame drug companies from. So does that make the drug companies the only one who are suppose to pay. What about the fact that the DEA is the ones who decide how much of a scheduled drug is made. What about all the pharmacies that filled prescription probably knowing the doctor was a pill mill do they as some responsibility. Then you have the State of Florida who had pill mills on every block with cars from out of state license with people lined up yet they held off putting off any prescription monitoring for about 8 years. It is a lot of people fault and to blame the drug companies for what is happening today is meaning again those who are mostly responsible ( the addict) get to hear again is not your fault, it is the drug companies who forced you to take those pills. Well maybe if people read the information sheet about the drug and followed their prescription then they would not get addicted to begin with. Also how many of these addicts were honest when they went to a doctor especially about past alcohol and drug use. The only ones who should be blamed are addicts. I believe in supporting people and helping those who need help to include getting addicts into treatment when they are ready but you can not just limit legal drugs and think that will fix the drug problem in this country especially since most addicts abuse more then one drug and have the ability to just switch to something else when they don’t get their main choice. Addiction is a mental health issue and the drug is just a symptom. Until we realize that we will be one of the world leaders of abusing drugs in our society. Stress is a huge problem in this country and I think one reason why Europe does not have the huge drug problems or get as sick as we do is because the people know their government has their back. While they pay more in taxes the stress relief knowing you will not lose everything if you get sick because of outrageous cost of our healthcare. Also You know that you will get the paid sick time you need along with at least 2 weeks ( some counties it is 4 weeks) of paid vacation. They also know that they will not starve or end up in the street. That if you go to College you start with a clean slate in the money department instead of owning $100,000 in loans before your first day of work after you graduate. Stress kills and with less time off, little time with family and with most Americans who never are able to get ahead being depression and hopelessness is easy to get. No wonder we have so many people trying to find a way to escape the daily grind which has little to offer for our future or our families. Basically with the drug problem most states did nothing until it got so out of control. Who should really be sued is the DEA and the States for not doing more like getting more treatment and mental health need being funded when the problem started which was as far back as the yearjmar 2000.
The only “epidemic” the US is experiencing is an “epidemic of our society not recognizing personal responsibility anymore.” Did it ever occur to these morons that as an adult, it is MY responsibility to monitor what substances I choose to ingest into MY own body?
I am a cigarette smoker. I have smoked for many decades. That is MY OWN damn FAULT. It is also MY OWN FAULT that I initially chose to pick up a cigarette and smoke it, along with choosing not to quit. Sure, I’m addicted to nicotine, however, I continue to CHOOSE every day whether I will continue buying cigarettes, then continue to smoke them.
If judges and juries rule in favor of these states and counties (and against the pharmaceutical manufacturers), it will open up a can of worms, placing alcohol manufacturing companies at fault for alcoholism and drunk driving accidents, placing cell phone services at fault for texting and driving accidents, placing food manufacturing companies at fault for food addiction and obesity, along with health problems related to obesity.
When does this ridiculous blame game stop? Until we began applying personal responsibility to what adults initially choose to do and continue doing, we will continue seeing high rates of substance abuse and addiction in many who believe they’re helpless. This does not mean we become cruel and uncompassionate. We can still help treat those who seek sobriety while applying personal responsibility to each and every adult.
I think “personal responsibility” is as outdated a concept as “basing decisions on actual data” and “trying to come up with solutions that actually address the problems.”
What really screws with my head is how understanding & supportive people are for actual heroin addicts, to the point where several want to supply clean, safe, FREE heroin to them at the existing clean, safe, sponsored shooting galleries, as well as offering addiction programs up the yingyang. And at the same time demonize legitimate CPPs who don’t break laws, aren’t addicted, and only take their legal, strictly monitored medication in order to function & participate in life, not escape from it. drives me utterly insane.
At this point I find myself hoping that I’ll get so insane that I won’t care what’s happening to me, and that state will hurry up & arrive. How fubared is that??
“‘I don’t see why the drug companies think they should be absolved from liability for the conduct of third parties. I don’t think it will fly.’”
I know i’m having an especially bad pain & brain fog day, but does that guy’s statement make less than no sense? He’s saying pharma companies should be liable for what 3rd party sellers do with their products? Sooo….if someone uses a Jeep Cherokee to fun over their spouse, Jeep should be held liable? Do I have the idea?
I don’t exactly love everything Big Pharma does, but….wha??
“Endo, which makes the drug Opana, and Mallinckrodt, which produces a generic version of Oxycodone, say that 90 percent of opioid overdoses “involve illegal, non-prescription opioids and the majority of those who misuse prescription medications obtain their pills illegally.’'”
Now that part makes sense.
Oops, typo alert; that shoulda said “RUN over their spouse,” not “fun” over. Sounds entirely too happily bloodthirsty the way it first came out.
Once a legal opiate gets in the hands of someone it was not prescriber for – or diverted from a pharmacy, wholesaler, manufacturer – it becomes a ILLEGAL OPIATE… Currently the large majority of OD”s involves 4-7 different substances in toxicology… normally including illegal Fentanyl analog, Heroin and Alcohol and other substances and the percent is growing.. One study in Dayton OH about one year ago.. 99% of the OD toxicology had illegal Fentanyl analog and/or Heroin. There was a recent report out of Las Vegas and only 2.5% of OD’s had a single pharma grade drug in their system.. they did not go further and determine how many had a legal prescription and/or how many was a suicide. Since 2012 opiate prescriptions are down some 25% = that is Rx count – not dose count – but Opiate OD’s have nearly DOUBLED.
The Pharmas have been blamed for all the opiate crisis when the cartels are generating 100 billion/yr from illegal opiate sales. and we are spending 81 billion/yr fighting the war on drugs and have spent >ONE TRILLION since 1970.. all along… the DEA has failed to look at reports from manufacturers and wholesalers and the state PMP’s were sitting on their hands… all those who were suppose to be watch dogs… were more like lap dogs 🙁
Ya know, I was pretty sure that diverted pain meds fell under the category of “illegal drugs,” but wondered if maybe my brain fog & overall thinking processes had just become totally deranged, because that quote just made no sense whatsoever. I’m relieved –it was the lawyer who made no sense whatsoever.
actually…that’s not too comforting, since his type of thinking has spreading over the country like kudzu on an Alabama farm…tho is a lot more harmful than kudzu. The entire country is deranged, except for a few voices tossing facts against the tsunami of hysteria…to mangle several really idiotic metaphors. but then this whole situation is so insane, idiotic metaphors are the least of our problems.
But after all, law-abiding pain patients & pharma corps are SO much easier to nab than the drug cartels who are the real problem!
Steve, thanks for keeping up with ‘the truth’ and getting it out in public view! It is absolutely appalling the U.S. government is blaming the very same people who helped put some of these legislators in office! The truth hurts and it’s extremely sad when no one points the finger at the very people who are ILLEGALLY passing ‘medications’ around as if it were candy. Personal responsibility has just been thrown out the window in today’s society. The cartels get their ‘drugs’ — NOT medications — into our country simply due to demand… the demand from people who want to ingest these poisons for fun, recreation, to be the life of the party… whatever their desire. But for the very people/organizations who have turned the other way are now blaming (in a roundabout way) themselves… yet no one sees through this! The data that is used to calculate the true statistics is pushed aside so politicians like our Attorney General, Jeff Sessions, can continue on with this crusade combating pharmaceutical opiod abuse by blaming CPP’s and their doctors by stating, “Sometimes you just need to take two Bufferin or something and go to bed… Bufferin is an old-school, over-the-counter aspirin.” Nevermind the facts! It’s so wonderful those who have been blessed with not having chronic pain are the people who have our fate in their hands… putting us at their mercy. It is a crying shame and thank God for those like you, Steve, who are crusaders for us, the CPP’s who sadly need defending. Keep up the fight! -Andi
Their is no-one to blame,,,,for there is no ,”epidemic,”,,,this was allll a manufactured false flag so those w/money,,purist,,thee Eugenic type,,,could kill off the ones they believe,,are taking money off of their profit margins,,,All those bigots,prejudicial type who are soooo archaic in their belief system they actually believe our medicine =heroin and were all shooting up in back alleys…The old stupid ones types who thought owning slaves,,or thought they had the right to own any human being type of people,,are the ones who are murdering us,tortureing us to death,,literally..When the reality is,,we are medically ill in physical pain from that medical condition,,,maryw
Pss 1 of my medicines is from Mallincroft,,shout out here and now,,Ill testify in any court room for them,,”for” the use of their medicine that literally saved my life,,,