Ohio Suing Four Prescription Opioid Distributors

COLUMBUS, OH — Ohio Attorney General Mike DeWine announced this week that he would file a lawsuit against four prescription opioid distributors. The lawsuit alleges they companies engaged in unsafe distribution practices, failing to provide effective controls against opioid diversion.

"We believe the evidence will show that these companies ignored their duties as drug distributors to ensure that opioids were not being diverted for improper use. They knew the amount of opioids allowed to flow into Ohio far exceeded what could be consumed for medically-necessary purposes, but they did nothing to stop it," said DeWine.

The four companies named in the suit are: McKesson Corporation, Cardinal Health and its subsidiaries, AmerisourceBergen Drug Corporation and Miami-Luken, Inc.

DeWine's lawsuit says the companies made a public nuisance by using unsafe distribution practices and "irresponsibly" oversupplying the market in and around Ohio with highly-addictive prescription opioids. The lawsuit goes on to allege the companies should have known the oversupply of opioids meant the drugs could be diverted and abused, directly fueling the state's opioid epidemic.

The companies are specifically accused of oversupplying millions of prescription opioid pills in the state, some of which were diverted away from legal sales and into the hands of people battling addiction.

"And much like the drug manufacturers who continue to fail to do the right thing, these distributors are doing precious little to take responsibility for their actions and help pay for the damage they have caused," DeWine said in a news release.

DeWine wants the companies to pay punitive damages, as well as compensatory damages to the state for its increased spending on healthcare, criminal justice, social services and education. The lawsuit also wants the four companies to comply with reporting requirements for suspicious orders and to undertake more complete reporting to the DEA and the Ohio Board of Pharmacy, along with the Ohio Attorney General's Office.

The lawsuit was filed in Madison County, one of the counties hit hardest by the state's opioid epidemic. There were 76 opioid overdoses per person in Madison in 2016, a rate that is 39 percent higher than the rest of Ohio for that year. There were 126 overdoses through the first nine months of 2017 in Madison. Unintentional drug overdose deaths more than doubled between 2015 and 2016 in the county.

To read the full lawsuit, click here.

This is the second major lawsuit DeWine has filed against companies involved in the manufacture and distribution of prescription opioids. In May 2017, he announced he would sue five drug producers for fraudulent marketing that he believed was contributing to the state's opioid crisis.

The five companies named in that lawsuit were:

• Purdue Pharma, which sold OxyContin, MS Contin, Dilaudid, Butrans, Hyslingla and Targiniq
• Endo Health Solutions, which sold Percocet, Percodan, Opana and Zydone
• Teva Pharmaceutical Industries and its subsidiary Cephalon, which sold Actiq and Fentora
• Johnson & Johnson and its subsidiary Janssen Pharmaceuticals, which sold Duragesic and Nucynta
• Allergan, which sold Kadian, Norco and several generic opioids

In late 2016, the state also sued the makers of Suboxone, a prescription drug used to treat opioid addiction, over allegations the companies engaged in a scheme to block generic competitors and cause purchasers to pay artificially high prices.

Photo from Shutterstock