In this free webinar, you will learn:
History of Opioid Litigation:
A number of firms litigated against oxycontin manufacturers between 2003-2007 on behalf of private individuals who had become addicted after taking lawful prescriptions. They litigated against Purdue, manufacturer, and Abbot, distributor, under the following theories:
Negligent Promotion – Negligent and reckless promotion of long term opioid painkiller use.
Misrepresentation/ Consumer Fraud – The manufacturers misrepresented to physicians and consumers that opioids are not addictive if taken as prescribed, and over-represented their efficacy as a method for controlling long term pain.
During the litigation, the US DOJ heard about their case and so they (civil trial lawyers) gave their evidence to the DOJ and the DOJ used their civil evidence to convict Purdue and many of its executives of criminal activity and get $600 million in fines.
They filed 1,400 separate claims around the country, and had another 3,600 in their inventory (not class action) and Purdue came to them and settled their cases on behalf of all clients.
10 Years Later: The Present Opioid Epidemic & Governmental Litigation:
Epidemic Created – After these rounds of settlements, it was expected that the opioid problem would subside but it hasn’t – instead it has gotten worse every year and now the focus is on the damage that opioid addiction is doing to the communities, and the costs which governmental entities and organizations are having to incur to deal with the epidemic. In 2014, for example, opioid addiction was the main driver of overdose deaths in the country. There have been between 18,893 overdose deaths related to prescription pain relievers and 10,574 overdose deaths related to heroin.
Current Litigation – Between 2015-2017, numerous states, cities and counties throughout the country have hired counsel and filed suit to pursue claims to recover their governmental damages, including Chicago and Los Angeles, as well as Kentucky, Mississippi, Missouri and Ohio.
Theories of Liability – The legal claims being made include False Advertising/Misrepresentation/Fraud: The failure to disclose the known risks of addiction, and over-representing the efficacy of the treatment with these drugs; and Public Nuisance: to stop the continuing nuisance, and ask defendants to provide payment for the costs of future drug counseling and the proper policing going forward.
Damages – The lawsuits are seeking legal damages related to opioid addiction abuse and the publicly funded costs associated with the epidemic, including health care costs for treatment programs; and Criminal justice costs/services such as increased police force, and increased court and child protective services and programs.
About the Presenter:
This webinar is being presented by Kelly Fitzpatrick from Ventura Law and Gerard Stranch from Branstetter, Stranch & Jennings.
Ventura Law, has partnered with a National Litigation firm, Branstetter, Stranch & Jennings, which has extensive experience litigating against pharmaceutical manufacturers for opioid related damages. Both firms have more than 60 years of experience representing the rights of consumers, and have direct experience representing governmental entities in national litigations such as this.
Webinar: The Opioid Crisis: Litigation Against the Pharmaceutical Companies
Date/Time: Thursday, November 9 @ 1 p.m. Eastern