Andover Sues Purdue Pharma, Sacklers, Other Companies

ANDOVER, MA — Andover has filed suit against Purdue Pharma, its owners, and a number of other pharmaceutical companies and distributors. The federal lawsuit, made available this week by the town, asks for damages for the companies "unfairly, deceptively, and fraudulently marketing, promoting, and distributing opioids." It joins a series of other suits against the companies and the Sackler family, which owns and founded Purdue Pharma.

In September, Purdue and the Sacklers reached a tentative settlement in a consolidated suit by thousands of municipal and state governments. The tentative settlement would have the Sacklers contribute billions of dollars plus all the company's assets into a new entity whose profits would go to paying the suit's plaintiffs.

The suit argues that Purdue Pharma and other companies understated the risk of addiction from prescription opioids and overstated their effectiveness as a pain treatment, and lists seven specific causes of action. The suit also lists Andover-specific injuries caused by prescription opioids. The town filed the suit because "the manufacturers and distributors misrepresented the effects of the opioids, and caused addiction," said Town Counsel Thomas Urbelis.

"Unlike the crack cocaine and crystal methamphetamine epidemics that preceded it, this drug crisis began with a corporate business plan," the suit reads. "It started with a decision by the owners and directors of Purdue Pharma L.P., Purdue Pharma, Inc., and the Purdue Frederick Co. (collectively, “Purdue”), to promote opioids deceptively and illegally in order to significantly increase sales and generate billions of dollars in revenue for themselves. "

Some counts are only alleged against certain defendants. For example, Teva, Janssen, and Endo are alleged to have violated the Racketeer Influenced and Corrupt Organizations in their marketing of Opioids. All defendants are accused of fraud, unjust enrichment, and other counts. Other defendents include Walgreens, Johnson & Johnson, and Allergan.

In terms of any potential consolidation with other lawsuits, it's too soon to say what will happen to Andover's suit.

"We'll just have to wait and see how this one goes procedurally," Urbelis said.

There has not been any response from the plaintiffs yet, and Purdue Pharma did not respond to a request for comment.

The suit accuses defendants of failing to recognize "red flags" that opioids were being abused, such as large orders, including by one particular Andover pharmacy.

"As recently as July 2019, an Andover pharmacy which specializes in workers compensation patients was placed under investigation by the Massachusetts Attorney General’s Office regarding whether it properly dispensed controlled substances," the suit says. "According to DEA ARCOS data, the Injured Workers Pharmacy, which is a national mail-order pharmacy, was the largest recipient of opioid pills in Massachusetts from 2006 until 2012. During this time period, the pharmacy received 34.3 million opioid pills, which was almost three times more than the net biggest recipient of opioids in the Commonwealth."

The suit also outlines opioid abuse data in Andover, including 139 opioid-related overdoses over the last decade and 21 opioid-related deaths from 2013 to 2017.

"The loss of each of these individuals cannot be adequately conveyed by statistics, nor can the depth and breadth of the impact on those who survive," it continues. "Because the addictive pull of opioids is so strong, relapse is more common than with other drugs. First responders in Andover have used Narcan to assist with reversal of opioid-related overdoses. In January 2019, police in Andover administrated Narcan to a 35 year-old man who suffered from an overdose at a local hotel, and was taken to a near-by hospital."

According to the suit, 3 out of 240 Andover High School students said in response to an Oct. 2015 survey that they had used opioids to get high. Last December, a Andover student was given Narcan, although "it was unclear if the student suffered from an opioid-overdose."

The suit complains of opioid-related crime in town, including a January 2019 fentanyl sales arrest and heroin arrests in 2016.

"In total, the Andover police department arrested 466 individuals for opioid-related arrests from fiscal year 2011 until fiscal year 2020," according to the suit.

The town asked for a trial by jury and "treble or multiple damages and civil penalties as allowed by statute."