Kentucky Officials Sue OxyContin Manufacturer Due To Extensive Abuse In Appalachia

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Main Category: Litigation / Medical Malpractice
Also Included In: Pain / Anesthetics;  Pharma Industry / Biotech Industry
Article Date: 06 Oct 2007 - 0:00 PDT

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It is known by some as "hillbilly heroin" - OxyContin (oxycodone) abuse has become so extensive in Appalachia that Kentucky officials have sued Purdue Pharma, the manufacturers of the prescription painkiller. The lawsuit was filed by General Greg Stumbo, Kentucky Attorney General.

The lawsuit, which aims to recover millions of dollars, is claiming reimbursement for drug abuse program costs, law enforcement and Medicaid prescription payments.

The manufacturers say the painkiller's packaging has a clear warning regarding the dangers of abuse - they add that they should not be held responsible for what individuals decide to do.

The lawsuit is pursuing unspecified punitive damages, as well as the creation of a court-monitored fund, which the manufacturer should finance. The fund, among other things, would be used to finance programs that would warn users of potential dangers of the painkiller.

Many claim that Oxycodone has caused scores of deaths throughout the USA. Intended as a slow-release drug, the rate of the release can be tweaked. Health care professionals say abuse has been substantial in Virginia, West Virginia and Kentucky. Several counties are expected to take part in the suit - so far six in Kentucky have agreed to join.

Purdue Pharma, plus three former executives had to pay out hundreds of millions of dollars in fines earlier on this year for saying that oxycodone is less addictive than other prescription painkillers.

The drug comes with the following warning:

WARNING:
OxyContin is an opioid agonist and a Schedule II controlled substance with an abuse liability similar to morphine.
Oxycodone can be abused in a manner similar to other opioid agonists, legal or illicit. This should be considered when prescribing or dispensing OxyContin in situations where the physician or pharmacist is concerned about an increased risk of misuse, abuse, or diversion.
-- Click here to view the whole warning (PDF)

What The Office of the Attorney General of Kentucky Web Site Says

The Office of The Attorney General Web Site alleges that Purdue Pharma "..misrepresented the risks of using OxyContin and seeks to recover damages suffered (by) state and county governments related to widespread addiction caused by the drug."

-- Copy of the Complaint

Stumbo said "As a result of the company's attempts to con consumers about this powerful painkiller, unsuspecting people are being exposed to the risk of severe and disabling addiction," Stumbo said. "Many went to their physicians for pain relief but found themselves saddled with drug addiction, facing life long consequences and adverse medical conditions."

The lawsuit alleges conspiracy, negligence, fraud, and public nuisance on the part of Purdue Pharma.

The web site adds that the FDA found, in 1995, that Purdue Pharma could not claim the slow-release of OxyContin was safer or better than immediate-release oxycodone, and said withdrawal is possible in patients who have their dosage suddenly reduced or stopped. It adds that the FDA said care should be taken to limit competitive promotion. Despite these findings, during the period 1995 to 2001 some Purdue supervisors and employees, with the intent to defraud or mislead, promoted and marketed OxyContin to health care professionals as less addictive and less subject to abuse and diversion, and less likely to cause tolerance and withdrawal than other pain medications.

The web site says that the manufacturers of OxyContin sponsored training for all of its district sales managers which contained false information. Some Purdue reps told some health care providers that OxyContin had less euphoric effect and less abuse potential than short-acting opioids.

Stumbo continued "Purdue used a systematic approach to mislead pharmacists, physicians and patients about the addictive nature of OxyContin. Families have been ripped apart and their hearts torn into pieces. Every day we see the dramatic increases of drug abuse and trafficking."

-- Office of the Attorney General, Gregory D. Stumbo
-- Press release from the Office of the Attorney General

Written by: Christian Nordqvist


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