Opioid Epidemic: New Lawsuit Filed Against Drug Manufacturers

CLEVELAND, OH — Workers in physically demanding jobs have been hit the hardest by the opioid epidemic, a new lawsuit claims. That's why the Teamsters want to hold opioid manufacturers and pharmacy benefit managers accountable for their alleged role in the crisis.

That's why a new lawsuit has been filed on behalf of the Teamsters' Health and Welfare Funds in West Virginia and Ohio, two states that have arguably been hit hardest by the epidemic.

"The opioid crisis is devastating American families across the country particularly in communities where Teamsters work and live," said Ken Hall, General Secretary-Treasurer of the International Brotherhood of Teamsters whose Local Union's health and welfare fund in the hard-hit state of West Virginia is among the plaintiffs. "Our nation's pharmaceutical distributors and manufacturers have put profits before people and it's got to stop."

The lawsuit alleges that a collection of companies engaged in a coordinated scheme to push the use of opioid-based medications to manage pain. It is one of the first lawsuits against pharmacy benefit managers — who administer and manage the prescription drug programs provided by the benefit plans.

According to a statement, "the Teamster Health and Welfare Benefit Funds collectively provide health care coverage for thousands of active and retired Teamsters as well as their family members and bear much of the financial costs of opioid prescriptions – as well as treating dependence, abuse and addiction – by those it insures."

Teamsters tend to work physically-demanding jobs, which can lead to work-place injuries and a need to see a doctor. Once they visit a physician for their pain, it is likely they're prescribed an opioid-based medication, the lawsuit says. Those workers can " then become reliant on them to be able to continue working."

The lawsuit said that workers in the construction industry are far more likely to die from an overdose death than peers in other industries.

Read a copy of the Teamsters' lawsuit by clicking here.

The opioid epidemic has roots in the 1990s. That's when doctors began prescribing opioids at an increased rate, the Centers for Disease Control and Prevention found. Over the past two decades, the number of overdoses connected to prescription opioid medication has steadily risen.

More than 11 million people abused prescription pain killers in 2016, according to the Centers for Disease Control and Prevention. On average, nearly 115 Americans are dying every day from opioid overdoses. Many people battling addiction say their first drug was a prescription opioid. West Virginia and Ohio have consistently had more opioid related overdose deaths than the average state.

A Wave of Lawsuits

This is the latest in a series of lawsuits that have accused companies involved in the manufacture, distribution and even the administering of opioids of malfeasance. In May 2017, Ohio Attorney General Mike DeWine announced he was suing five opioid manufacturers for fraudulent marketing, which he believed contributed to the state's opioid crisis. Then, in late February 2018, DeWine announced a lawsuit against the distributors of opioid prescription drugs.

"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 at the time.

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.

Even Northeast Ohio municipalities are getting in on the lawsuits. Strongsville announced it would follow the example of Parma, Cleveland and Brunswick and would file suit against manufacturers and distributors of prescription painkillers.

Industry associations have been quick to cite a web of contributing factors that have led to the opioid crisis, while maintaining a defensive position. The Healthcare Distribution Alliance, for example, emailed this comment to Patch after Strongsville announced its lawsuit.

“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," said John Parker, SVP for the organization.

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