Wisconsin Lawsuits Blame Drug Makers For Opioid Crisis

Twenty-eight Wisconsin counties say in federal lawsuits that “nefarious and deceptive” marketing campaigns from pharmaceutical companies are responsible for the nation’s opioid overdose epidemic.

Separate lawsuits were filed Tuesday on behalf of individual counties, but Charles Crueger, with Crueger Dickinson LLC, one of the law firms representing the counties, said the lawsuits will, “almost certainly be consolidated” and heard in front of one judge.

The lawsuits claim local governments’ health and law enforcement services “have been strained to the breaking point” because of widespread opioid abuse. The lawsuit seeks unspecified monetary damages from Purdue Pharma, Johnson & Johnson, Endo Health Solutions, Inc. and subsidiaries of the companies.

Erin Dickinson, a partner at Crueger Dickinson LLC, said it’s amazing how the opioid epidemic impacts so many services on the county level, ranging from child protective services to law enforcement.

“There almost is not a service that the counties provide that is not affected by this in a dramatic way, especially over the last four to five years,” Dickinson said.

While Dickinson hopes the lawsuits can change conduct and reimburse the counties, she also said she hopes, “to stem the tide, and this opioid crisis doesn’t stop with the filing of this lawsuit. There has to be programs put in place to stop it going forward.”

More than two dozen states, cities and counties have filed similar lawsuits accusing pharmaceutical companies of making false claims about the dangers of their drugs to make a profit.

Washington County Board Chairman Rick Gundrum said he’s confident the legal action will pan out.

“It’s a good chance there could be a nationwide effort with counties all across the United States involved in this action, and numbers speak volumes,” Gundrum said.

Purdue Pharma said in a statement it “vigorously” denies the allegations and said it is “deeply troubled” by the opioid epidemic:

“We are deeply troubled by the opioid crisis and we are dedicated to being part of the solution. As a company grounded in science, we must balance patient access to FDA-approved medicines, while working collaboratively to solve this public health challenge. Although our products account for approximately 2 percent of the total opioid prescriptions, as a company, we’ve distributed the CDC Guideline for Prescribing Opioids for Chronic Pain, developed the first FDA-approved opioid medication with abuse-deterrent properties and partner with law enforcement to ensure access to naloxone. We vigorously deny these allegations and look forward to the opportunity to present our defense.”

Endo Health Solutions says it can’t comment on pending litigation.

When asked for comment, Johnson & Johnson referred questions to an affiliated company, Janssen Pharmaceuticals, Inc. A Janssen spokesman said in a statement:

“We have yet to receive the Counties’ complaint. However, we believe the allegations in similar lawsuits against our company are both legally and factually unfounded. Janssen has acted in the best interests of patients and physicians with regard to its opioid pain medicines, which are FDA-approved and carry FDA-mandated warnings about possible risks on every product label.”

The statement added that the company recognizes “opioid abuse and addiction is a serious public health issue that must be addressed,” and called for “collaboration” to address the issue.

Wisconsin taxpayers aren’t footing the bill for litigation because the law firms representing the counties are covering the costs. If the counties win, they are asking the defendants to cover several things, including damages for the counties, and for “costs and attorney fees.”

Editor’s Note: This story was last updated at 3:37 p.m. Tuesday, Nov. 7, 2017, with additional comments from attorneys involved in the case.