Rockland County To Sue Big Pharma Over Opioids

Editor's Note: This article has been revised to include a statement from the Healthcare Distribution Alliance (HDA), the national trade association representing distributors.

ROCKLAND COUNTY, NY — Rockland County is joining Putnam and Westchester counties taking legal action against the manufacturers of prescription opiates that contributed to the opioid epidemic. They accuse manufacturers, distributors and other entities of deceptive, aggressive sales practices that intentionally misled the public about the dangers of their drugs.

“We expect these companies to pay for the damage, death and destruction their outrageous marketing strategies have brought to our communities,” said County Executive Ed Day, who signed a resolution approving an agreement with Branstetter, Stranch & Jennings, PLLC . “The response to this epidemic has inherent costs that so far have been unfairly borne by our taxpayers. Costs to local law enforcement and first responders, for counseling and assistance to our residents facing this crisis in their families, and the treatment costs for those who are addicted.”

The cost for this legal action will come from any settlement reached on the county’s behalf, if there is one. If not, Rockland does not have to pay.

“Where the County establishes improper distribution and marketing of these highly addictive medicines, we want compensation for our harm," County Attorney Thomas Humbach said. "The evidence will tell who is responsible and how much will be due.”

Rockland joins Putnam County and dozens more that sued in 2017, and Westchester County, which filed a complaint a year ago.

The case Putnam County is involved in is moving forward after several Motions to Dismiss were rejected in State Supreme Court in June.

“Justice Garguilo’s decision let Big Pharma know that we have a credible cause for filing this lawsuit and those companies will not be able to hide from its share of responsibility and accountability for the opioid crisis behind its high-priced attorneys,” Putnam County Executive MaryEllen Odell said in June. “The opioid crisis has affected far too many Putnam County residents and I am pleased to see that courts agree that our case deserves to be heard.”

Westchester County's complaint includes more than 30 defendants and outlines the history of how the manufacturers and distributors — including Purdue Pharma, Teva Pharmaceuticals, Johnson & Johnson and Janssen Pharmaceuticals — downplayed the risks associated with opioids such as OxyContin, Fentanyl and Percocet while aggressively marketing them.

Healthcare Distribution Alliance, the national trade association representing distributors, said the counties' suits were unproductive.

John Parker, senior vice president at HDA, offered this statement:

“The misuse and abuse of prescription opioids is a complex public health challenge that requires a collaborative and systemic response that engages all stakeholders. 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. Those bringing lawsuits would be better served addressing the root causes, rather than trying to redirect blame through litigation.”

The Centers for Disease Control and Prevention estimates that the total “economic burden” of prescription opioid misuse alone in the United States is $78.5 billion annually.

In 2018, a total of 38 drug-related deaths occurred in Rockland County, down slightly from 40 in 2017 and 2016. Compare that to the number of overdose-antidote Naloxone uses reported by EMS and law enforcement in Rockland: In 2016 there were 79 Naloxone uses and in 2017 there were 87 Naloxone uses. Since the public can now be trained on and use Narcan, the actual number of uses is likely higher.

In June of 2018, The Department of Mental Health and Department of Health teamed with hospitals and health organizations round the county to attempt to reduce the number of opioids being prescribed. Two letters were distributed to those who prescribe medications within the county.

The letters asked prescribers to do three things: educate themselves on the safe and effective treatment of pain, screen patients for opioid use disorder and connect them to treatment, and approach addiction as a chronic illness rather than a moral failing.

“The signing of this resolution is an important step in addressing the factors that contributed to the opioid epidemic. Rockland County has one of the lowest rates of opioid prescribing, and opioid related deaths in the region and we strive to further reduce these numbers as even one loss is too many," said Medical Director of the Department of Mental Health, Dr. Susan Hoerter. "The Department of Mental Health holds drug take-back days and Narcan trainings and has partnered with both Nyack and Good Samaritan hospitals in a county-wide, multi-faceted approach to reduce the impact of the opioid epidemic on Rockland residents.”

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