Big Lawsuit Brought Against Big Pharma

(Spring 2018) An upcoming lawsuit comprised of over 250 cases filed in federal courts throughout the U.S. by areas plagued by the opioid epidemic will be heard in Cleveland, Ohio. Plaintiffs include government entities such as the city of Philadelphia; the state of Ohio; the Cherokee Nation; a consortium of counties across Wisconsin; and communities in Kentucky, West Virginia, Illinois and California. The consolidation is in an effort of expediency. In 2016 alone, the United States lost a record 63,600 individuals to drug overdoses. The majority of these fatalities included prescription opioids such as Vicodin and OxyContin or illegal opioids such as fentanyl and heroin.

The case is titled the National Prescription Opiate Multi District Litigation No. 2804, and its plaintiffs accuse that prescription opioid makers exaggerated the advantages of the drugs and failed to accurately describe the chances of addiction while forcefully advertising the painkillers to doctors. Additionally, the suit alleges that drug distributors breached the federal Controlled Substances Act by inadequately monitoring, detecting, investigating and reporting suspect purchases of prescription opiates.

The case was given to Judge Dan Polster, based in Cleveland, for several reasons. One is the deadly effect of opioids in the Buckeye State. Another is that Cleveland is near the headquarters of various drug distributors, including Cardinal Health, whose home base is in Dublin, Ohio. A third reason mentioned is Polster’s prior history with another consolidated suit.

Polster is a seasoned judge known for urging parties to settle cases out of court. He is pressing attorneys on both sides of the suit to come to terms quickly — to save the time and expense of a trial. It’s expected that a settlement could end with drug makers and distributors admitting to their part in the crippling opioid problem and agreeing to hand over funding to assist areas battered by the opioid crisis, especially considering that more than $500 billion may be spent on opioid addiction annually.

The outlook for this case is optimistic, as other consolidated suits have been fruitful for plaintiffs. In 1998, for example, hundreds of suits were combined into a multidistrict case against major American tobacco companies. The result was toned-down advertisements and the disbursement of over $200 billion divided among 46 states over 25 years. These funds were dedicated to underwriting anti-smoking campaigns and public health initiatives. Although a settlement amount in the current case cannot be predicted, take into consideration that New York City’s recently-filed case alone requested an excess of $500 million.

Polster is not the only judge with a potential to hear a case against drug makers. Many states, including Ohio, have or are planning to bring suit against the industry in state-level courts.

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