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Wednesday, Feb 28 2018

Full Issue

Justice Department Throws Weight Behind Massive Lawsuit Against Companies That Make Painkillers

The lawsuit, pending in Ohio, consolidates more than 400 complaints by cities, counties and Native American tribes nationwide, who are accusing opioid manufacturers and distributors of using misleading marketing to promote the painkillers.

The Justice Department is throwing its weight behind plaintiffs in a sprawling, high-stakes prescription opioids lawsuit in Ohio, Attorney General Jeff Sessions said on Tuesday. Mr. Sessions said that the Justice Department plans to file a so-called statement of interest in the lawsuit, a technique that past administrations have typically reserved for cases that directly affect the federal government鈥檚 interests, like diplomacy and national security. (Benner and Hoffman, 2/27)

Sessions said the Justice Department will file a "statement of interest" in the case, currently being heard by a federal judge in Cleveland, filed by local governments, including Cincinnati and Cuyahoga County. The statement will argue that the federal government "has borne substantial costs from the opioid epidemic" in the form of law enforcement and social service expenditures, and seek to be reimbursed. It could have the effect of putting greater pressure on the drug companies to settle, an outcome for which the federal judge overseeing the case has indicated he prefers. (Tobias, 2/27)

The move is part of a broader effort to more aggressively target prescription drugmakers for their role in the epidemic, Attorney General Jeff Sessions said. The Justice Department will file a statement of interest in the multidistrict lawsuit, arguing the federal government has borne substantial costs as a result of the crisis that claimed more than 64,000 lives in 2016. The Trump administration has said it is focusing intensely on fighting drug addiction, but critics say its efforts fall short of what is needed. (Gurman and Mulvihill, 2/27)

鈥淲e will use criminal penalties. We will use civil penalties. We will use whatever laws and tools we have to hold people accountable if they break our laws,鈥 Sessions said at a news conference attended by several state attorneys general. (Horwitz, Zezima and Bernstein, 2/27)

A long list of manufacturers, including Purdue, Endo Pharmaceuticals, Insys, Janssen, and Teva, have faced scrutiny and often aggressive legal action from state and local governments seeking compensation for what many plaintiffs allege are the costs resulting from the companies鈥 disingenuous marketing tactics. (Facher, 2/27)

The move by the Justice Department is bound to add to the costs companies incur in resolving claims that they understated opioids鈥 risks, said Richard Ausness, a University of Kentucky law professor. 鈥淚f the plaintiffs were thinking about asking for a certain number from each company in a settlement, now they鈥檝e got to ask for a higher number because they know the feds are going to want part of the total pot,鈥欌 Ausness said. (Feeley and Harris, 2/27)

Manufacturers and distributors have been blamed by some for fueling the prescription painkiller and heroin epidemic. The rate of overdose deaths is increasing, jumping nearly 28 percent from 2015 to 2016, according to Centers for Disease Control and Prevention data. (Roubein, 2/27)

The federal government鈥檚 decision Tuesday to join lawsuits against opioid manufacturers and distributors is a 鈥済ame changer,鈥 said Ohio Attorney General Mike DeWine. DeWine, along with attorneys general from several other states, attended a press event where U.S. Attorney General Jeff Sessions said a new federal task force not only will seek civil and criminal charges against manufacturers, but also would 鈥渆xamine existing state and local government lawsuits against opioid manufacturers to determine where we can be of assistance.鈥 (Torry, 2/27)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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