The Law Blog of Oklahoma

City Files Painkiller Lawsuit against Drug Companies

Tuesday, June 3, 2014

Prescription painkiller abuse has reached what some experts call epidemic proportions, and accidental poisonings--typically from drug overdose--has now surpassed motor vehicle accidents as the leading cause of accidental death. Oklahoma, in particular, has been plagued by prescription drug abuse and overdose deaths.

In late 2013, Trust for America's Health reported that Oklahoma had the fifth highest drug overdose death rate in the nation, despite having eight of ten "promising indicators" for reducing prescription drug abuse. With so many people in Oklahoma and in the United States at large suffering from prescription drug addiction, many agencies and organizations are trying to determine where the root of the problem lies.

According to a lawsuit filed by the city of Chicago against five drug manufacturers, the responsibility for the epidemic rate of prescription drug abuse lies with the drug makers who failed to disclose the risks of dependency and addiction associated with narcotic painkillers.

The lawsuit alleges that the makers of opioid pain relievers such as oxycodone and hydrocodone misrepresented the benefits of these painkillers and concealed or downplayed the risks of taking these drugs.

In a press release issued by his office, Chicago mayor Rahm Emmanuel states:

"For years, big pharma has deceived the public about the true risks and benefits of highly potentand highly addictive painkillers in order to expand their customer base and increase their bottomline. This has led to a dramatic rise in drug addiction, overdose and diversion in communities acrossthe nation, and Chicago is not immune to this epidemic.Today, we're sayingenough is enough - it's time for these companies to end these irresponsible practices and be heldaccountable for their deceptive actions."

The lawsuit names the five biggest manufacturers of opioid narcotic pain relievers: Actavis, Endo Health Solutions, Janssen Pharmaceuticals, Purdue Pharma and Cephalon. Janssen Pharmaceuticals is a division of Johnson & Johnson, and Cephalon is a division of Teva, a major manufacturer of generic drugs.

According to the lawsuit, these five drug makers used fraudulent and unethical marketing claims in order to boost sales--a strategy, which if used, worked. Opioid painkiller sales quadrupled over a decade, and the CDC reports that in 2010, there were enough narcotic painkillers prescribed to medicate every single American adult every four hours for a full month. You may remember that was the same year University of Oklahoma Sooners linebacker Austin Box died of a prescription drug overdose. A toxicology report showed the presence of five different prescription painkillers plus an anti-anxiety drug in the student-athlete's system.

It will be interesting to see how the Big Pharma lawsuit plays out with regard to prescription painkillers. It seems likely that Chicago will not stand alone in filing suit against painkiller makers, as other cities and states jump on board. If the claims of false marketing are substantiated, it seems likely that the lawsuit could prompt a federal investigation.

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