Somerville Sues 19 Opioid Companies, Walgreens

SOMERVILLE, MA – The city has taken legal action against 19 opioid manufacturers and distributors, including the pharmacy chain Walgreens. In a new lawsuit, the city alleges the deceptive and illegal promotion of opioids and failure to investigate, report, maintain effective control and take steps to terminate suspicious orders of highly addictive prescription drugs.

The defendants are:

1. Purdue Pharma L.P.
2. Purdue Pharma, Inc.
3. The Purdue Frederick Company Inc.
4. Teva Pharmaceuticals USA, Inc.
5. Cephalon, Inc.
6. Johnson & Johnson
7. Janssen Pharmaceuticals, Inc.
8. Ortho-McNeil-Janssen Pharmaceuticals, Inc. N/K/A Janssen Pharmaceuticals, Inc.
9. Janssen Pharmaceutica, Inc. N/K/A Janssen Pharmaceuticals, Inc.
10. Endo Health Solutions Inc.
11. Endo Pharmaceuticals, Inc.
12. Insys Therapeutics
13. Cardinal Health Inc
14. Mallinckrodt LLC
15. Mallinckrodt plc
16. Mallinckrodt Brand Pharmaceuticals, Inc.
17. SpecGX, LLC
18. McKesson Corporation
19. AmerisourceBergen Drug Corporation
20. Walgreens Boots Alliance d/b/a Walgreen Co.
21. and Jane Does 1-50

The suit accuses the defendants of violating state laws, negligence and negligent misrepresentation, fraud and fraudulent misrepresentation, creating a public nuisance and unjust enrichment.

The city alleges that Purdue, Teva, Janssen and Endo, the "RICO Marketing Defendants," violated the Racketeer-Influenced and Corrupt Organizations Act (RICO), a federal provision often used to target organized crime because it allows the leaders – or others who gave orders to commit crimes – to be charged along with those who carried them out.

The city also alleges violations of RICO against Purdue, Teva, Endo, Mallinckrodt, McKesson, Cardinal and AmerisourceBergen, or the "RICO Supply Chain Defendants."

Purdue is accused of promoting opioids deceptively and illegally in order to boost sales and generate billions of dollars in revenue for the company's owners, the Sackler family. The city claims these strategies were joined by the other defendants, which misrepresented the risks and benefits of opioids to enable their widespread prescribing for common pain conditions.

Distributors "failed to maintain effective controls, and to investigate, report, and take steps to terminate suspicious orders," which led to the overuse and abuse of opioids around the country, including in Somerville, the city alleges.

"Through our investigation, we have evidence that these opioid manufacturers and distributors created the extraordinary crisis we are experiencing in Somerville," Somerville City Solicitor Francis X. Wright Jr. said in a statement. "Our claims include their scheme to fuel the market by pumping opioids into our City and, as a result, creating a public health crisis that we must both address now and prevent for future generations."

John Parker, senior vice president of the Healthcare Distribution Alliance, which represents distributors, called the issue of opioid abuse a "complex public health challenge."

"Given our role, the idea that distributors are responsible for the number of opioid prescriptions written defies common sense and lacks understanding of how the pharmaceutical supply chain actually works and is regulated," Parker said in an emailed statement. "Those bringing lawsuits would be better served addressing the root causes, rather than trying to redirect blame through litigation."

The Healthcare Distribution Alliance represents AmerisourceBergen, Cardinal Health and McKesson.

In a statement to the Boston Globe, Purdue Pharma said the city of Somerville "disregards basic facts about Purdue's prescription opioid medications" and that its drugs have been approved by the FDA as "safe and effective for their intended use."

Janssen Pharmaceuticals, also named in the suit, told the Globe it took "appropriate and responsible" action in promoting its products.

According to the city, there were 21 opioid-related deaths in 2016, 17 in 2015, 15 in 2014, and 11 in 2013.

"Our investigation into the opioid epidemic in Somerville points directly to these opioid manufacturers and distributors who we believe acted dishonestly and without compassion for patients, instead placing profits above all else," Mayor Joseph Curtatone said in a statement.

The suit was filed Wednesday in Massachusetts Superior Court.

Read the full complaint here.

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