Schuylkill County, which has a soaring opioid-related death rate and spiraling related expenses in the millions, has just filed a lawsuit against the nation's major drug opioid makers, distributors, and consulting physicians, who they allege must be held accountable for allegedly conspiring to deceitfully promote and market "the benefits of using opioids to treat chronic pain".
The damages lawsuit (Schuylkill County Court of Common Pleas, Docket No. S-1241-18) was filed earlier this week and jointly announced by the County Commissioners, County Administrator, and First Deputy Solicitor Glenn Roth, Esq.
"One opioid-related death is one too many, but now we are seeing a death toll related to this public health scourge in the dozens despite our significant enforcement, education, and treatment efforts. While we continue to fight back on all fronts, we can now assure our nearly 150,000 residents that through this lawsuit the County intends to hold the responsible drug companies — and the distributors — accountable in a court of law for their actions", said George F. Halcovage, Jr., Chairman of the Board of Commissioners.
"One opioid-related death is one too many, but now we are seeing a death toll related to this public health scourge in the dozens despite our significant enforcement, education, and treatment efforts. While we continue to fight back on all fronts, we can now assure our nearly 150,000 residents that through this lawsuit the County intends to hold the responsible drug companies — and the distributors — accountable in a court of law for their actions", said George F. Halcovage, Jr., Chairman of the Board of Commissioners.
Solicitor Roth, who commended the County for recently establishing its first Drug Treatment Court in response to the opioid crisis, said it comes with a significant price tag that pales in comparison to the millions of dollars Schuylkill County has spent and must continue to spend on social services for its youth impacted by opioid-addicted parents or guardians. "We cannot ignore these children, and at the same time we can't increase the tax burden on our citizens. This lawsuit is a powerful means of asserting our well documented claims in a way that requires no out-of-pocket legal expenses from the County. If we are successful, and believe we will prevail, the highly experienced, nationally prominent legal team will receive a predetermined, appropriate percentage of either the jury award or settlement. This is a timely and necessary action."
Besides attorneys from Pennsylvania-based Saltz, Mongeluzzi, Barrett & Bendesky, PC, and Pogust Braslow & Millrood, LLC, the legal team includes the national law firm of Simmons Hanly Conroy, LLC. Simmons Hanly in 2003 filed the first such successful action against opioid manufacturers. The first last year collectively brought on behalf of Delaware County, in suburban Philadelphia, the first such lawsuit on behalf of a Pennsylvania county.
Schuylkill County's opioid-related deaths increased more than 130% from 2016 to nearly 60 last year, according to the lawsuit. More than one-half million dollars alone has been spent on related detox health services, necessary training to first responders, and equipping them with lifesaving Narcan drugs to administer to the addicted. Presently, the County receives no reimbursement for those direct costs.
The defendants (including three physicians that are referred to as Known Opinion Leaders (KOLs) in the lawsuit, are:
Purdue Pharma L.P.;
Purdue Pharma, Inc.;
The Purdue Frederick Company, Inc.;
Teva Pharmaceuticals USA, Inc.;
Cephalon, Inc.;
Johnson & Johnson;
Janssen Pharmaceuticals, Inc.;
Janssen Pharmaceuticals, Inc.;
Ortho-McNeil-Janssen Pharmaceuticals, Inc.;
Janssen Pharmaceutica, Inc.;
Endo Health Solutions Inc.;
Endo Pharmaceuticals, Inc.;
Dr. Perry Fine;
Dr. Scott Fishman and Dr. Lynn Webster.
The major drug distributor-defendants are:
Cardinal Health, Inc.,
Amerisource Bergen Drug Corporation,
McKesson Corporation