Opioid Epidemic: Dutchess County Sues Pharmaceutical Firms, Physicians

POUGHKEEPSIE, NY — Dutchess County has filed a lawsuit against 11 pharmaceutical companies for “aggressive and fraudulent marketing of prescription opioid painkillers, something that has fueled the opioid drug addiction and overdose epidemic that has plagued the county and the rest of the nation. The civil action was filed June 6 in New York State Supreme Court. Dutchess County is one of several in the state that have filed lawsuits, including Broome, Erie, Orange and Suffolk counties.

Dutchess County Executive Marcus Molinaro said the opioid and heroin epidemic is the public health crisis of a lifetime and the county has lost too many lives.

“It is time drug companies acknowledge the devastating damage, take responsibility for their deceptive marketing practices and be held accountable for misrepresenting the dangers of these addictive painkillers,” he said.

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The state Department of Health reported 805 opioid-related emergency department admissions in Dutchess County in 2014, up 45 percent since 2010. From 2003 through 2014, 256 county residents have died from opioids.

The lawsuit alleges deceptive acts and practices, false advertising, public nuisance, violation of New York Social Services laws, fraud and unjust enrichment against defendants Purdue Pharma LP; Purdue Pharma Inc.; The Purdue Frederick Company, Inc.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Johnson & Johnson; Janssen Pharmaceuticals, Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals Inc.; Janssen Pharmaceutical, Inc. n/k/a Janssen Pharmaceuticals; Endo Health Solutions Inc.; and Endo Pharmaceuticals, Inc.; as well as physicians Russell Portenoy, Perry Fine, Scott Fishman and Lynn Webster, who allegedly were instrumental in promoting opioids for sale and distribution nationally, including in Dutchess County.

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According to a county spokeswoman, the lawsuit alleges the pharmaceutical companies engaged in deceptive marketing campaigns that misrepresented the safety and efficacy of long-term opioid use, creating false perceptions in the minds of physicians, patients, health care providers and health care payers that using opioids to treat chronic pain was safe for most patients and the benefits of the opioid drugs outweighed the risks. In fact, substantial evidence exists that opioid drugs are ineffective to treat chronic pain, can actually worsen patients’ health and are highly addictive and dangerous.

The lawsuit seeks relief including compensatory and punitive damages for the tax dollars spent each year to combat this public health crisis.

Simmons Hanly Conroy, a national law firm based in New York City, working together with the Dutchess County Attorney’s Office, will prosecute the litigation.

Simmons Hanly Conroy has been retained on a contingency basis and will only receive compensation for their efforts and reimbursement if the lawsuit is successful, a county spokeswoman said.

Dutchess County Legislator Jerry Landisi said that by filing the lawsuit the county is saying that it will not tolerate the damage the pharmaceutical companies and physicians have inflicted on Dutchess County.

“So many lives have been tragically impacted by the opioid crises,” he said.

“We have been fighting this war on drugs and addiction, but the enemy has been supplied by these pharmaceutical companies who have chosen to put profit ahead of patient safety,” Landisi said.

PHOTO/ Karen Wall for Patch.