Opioid epidemic prompts 11 Idaho counties to file lawsuit
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IDAHO FALLS — In the midst of what the Centers for Disease Control calls a “public health epidemic,” 11 Idaho counties filled a lawsuit in federal court Friday against dozens of corporations involved in the marketing and distribution of prescription opioids.
While the defense has yet to reply to request by EastIdahoNews.com, some companies have addressed concerns on their websites.
“We are acutely aware of the public health risks opioid analgesics can create, even when taken as prescribed,” said Purdue Pharma in an open letter. “We are deeply concerned about the toll the opioid crisis is having on individuals and communities across the nation, and as a company now led by a physician, we believe the country needs a new approach to prescribing opioids.”
The lawsuit
The 281-page lawsuit claims plaintiffs filed to prevent future harm to the population.
The 11 counties involved in the suit are Adams, Blaine, Boise, Bonneville, Caribou, Cassia, Elmore, Latah, Minidoka, Owyhee and Payette.
These counties claim to have been deeply affected by the opioid crisis, which increased the need for community resources and funds to tackle the misuse of over-the-counter prescription opioids.
The counties emphasize they have the responsibility for the public health, safety and welfare of their citizens. They said the opioid crisis creates a public nuisance and health risk to the population.
RELATED: Opioid abuse, arrests on the rise in Idaho
The counties in the lawsuit claim counties like Bonneville have had significant financial burdens placed upon them because of the actions of pharmaceutical companies. They also claim they are stepping up to the plate to do something about what they call a national crisis.
This lawsuit is joined by thousands of others across the nation who have filed against opioid manufactures and distributors.
“Bonneville County has joined the nationwide lawsuit against the opioid manufacturers in order to be a part of the national conversation on addressing this issue and curbing this epidemic in our community,” Bonneville County Prosecutor Daniel Clark said.
He said there is no cost to Bonneville County other than limited time involved with the accumulation of data and records for this case. He says this is a way Bonneville County can fight nationwide against those responsible for creating an epidemic in the community.
The suit claims most Americans have been either directly or indirectly affected by what plaintiffs are calling “the opioid disaster.”
CDC statistics show 57 percent of overdose deaths came from opioids prescribed by doctors.
The lawsuit divides the defendants into two types: pharmaceutical manufacturers who falsely marketed the prescription of opioids, and those who distributed the prescription drugs.
Marketing of prescription opioids
The claim of false marketing comes from the push of pharmaceutical companies expansion of prescription opioid use beginning in the late 1990s. Plaintiffs claim the massive marketing push is built upon “false and incomplete information.”
“The Marketing Defendants’ goal was simple: to dramatically increase sales by convincing doctors to prescribe opioids not only for the kind of severe pain associated with cancer or short-term post-operative pain, but also for common chronic pains, such as back pain and arthritis,” according to the lawsuit.
The plaintiffs also claim the marketing companies knowingly pushed the use of opioids despite the fact they knew that opioids were addictive and subject to abuse.
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According to the lawsuit, pharmaceutical companies raked in billions of dollars from the major push for physicians to prescribe opioid medications.
To push the prescription of opioids, several of the companies “made thousands of payments to physicians nationwide, including in Idaho,” to promote and maximize the use of opioids, the lawsuit states.
Distribution claims
The plaintiffs claim companies involved in the distribution of prescription opioids did not fulfill their responsibilities to detect and warn authorities of possible non medical use of prescription opioids.
Included is McKesson Corporation, a wholesaler of pharmaceuticals that include prescription opioids. It is listed as fifth in the United States Fortune 500 with annual revenue of $191 billion in 2016. The company has failed reporting suspicious orders of certain drugs, including opioids, according to the Department of Justice.
McKesson Cooperation distributes opioid prescriptions to nearly 40,000 customers spanning retail chains, independent retail pharmacies and institutional providers, such as hospitals, health systems, integrated delivery networks and long-term care providers.
Companies like Walmart, Walgreens and CVS are also listed in the suit under distribution.
RELATED: Walmart tightens its opioid prescription policies
The suit claims both the marketing and distributing sides of the defense knowingly knew the harmful addictive effects of opioids for more than a century.
Pedersen and Whitehead, personal injury attorneys from Twin Falls, are representing the plaintiffs in this suit.