Opioid use in the U.S. is a significant problem, leading to the deaths of 72,000 people every year according to Attorney Mike 
Moore on a segment of 60 Minutes, but who is to blame? That’s exactly what advocates across the United States are trying to prove as lawsuits emerge in an effort to curb the alarming epidemic and bring justice to its victims and their families.
Here in Florida, State Attorney Pam Bondi recently announced that she is naming CVS and Walgreens as two more responsible parties in a statewide lawsuit, which alleges that the companies should have known that the quantity of opioids being distributed throughout their pharmacies greatly exceeded the medical need of Floridians. Also included in the lawsuit filed by the state of Florida, are ten drug makers and three wholesale distributors, all claimed by the state as having a responsibility in the deadly opioid addiction crisis we are facing as a nation.
The Consequences of Florida’s Opioid Use
According to the National Institute on Drug Abuse, in the year 2016, there were 2,798 opioid-related deaths in the state of Florida alone. That comes out to 14.4 deaths per 100,000, which is higher than the national average of 13.3 deaths per 100,000. Also, in 2016, 1,566 deaths were attributed to synthetic opioid use, compared to 200 deaths only three years before in 2013. Though opioid prescriptions across the state have declined since 2013, there is clearly a major problem here in Florida.
Nationwide Problem Opioid Lawsuits
In a recent 60 Minutes program, journalist, Bill Whitaker spoke with Attorney Mike Moore about his role in combating the opioid industry. Moore—known for engineering the 1998 settlement where Big Tobacco paid billions to address smoking-related health issues and also for convincing BP to settle a multibillion lawsuit over its spill in the Gulf of Mexico—is prepared to take on all those associated with creating the opioid crisis in the U.S. According to Moore, this not only includes manufacturers of painkillers, but also the companies responsible for their distribution. He, and those who have allied with him from over 30 states, believe that these guilty parties should pay for the epidemic due to the large amount of money that states have lost to the crisis. Some states, like Ohio, have lost billions of dollars and more importantly, thousands of people to overdoses.
The claim is that manufacturers knew that addiction was very likely and that eventually, these pills would kill. Even if it was not known in the early years of drugs such as OxyContin, it should have been apparent to the drug companies a couple of years into the release to market that there was a problem. In fact, Purdue Pharma, which produces OxyContin, admitted in federal court in 2007 that it had misled doctors and consumers about just how addictive the drug is.
Additionally, lawsuits target distributors who are blamed for not adhering to the Controlled Substance Act by not paying enough attention to the quantity of pills going to certain places. For example, there were nine million pills delivered to one pharmacy over the course of two years in a town called Kermit, WV, population 400.
The argument is that distributors should have played a more significant role in reporting opioid distribution in places where the crisis has been particularly devastating.
What Needs to Be Done?
The opioid epidemic has had far-reaching consequences into not only the lives of those it has claimed, but into the resources and funds of those in our community combating it every day, such as first responders. The overdose antidote, Naloxone, is often in short supply, and first responders are struggling to keep up with the number of calls they are receiving on a daily basis related to overdoses. Resources are needed for the people on the ground who are providing aid to those affected by opioids.
Many argue that education on the potential addiction and the negative consequences of opioid use is needed, while others advocate for drug tests for at-risk users.
Additionally, insurance companies such as Florida Blue have stopped covering drugs such as Oxycodone in order to deter the use of the medication. There is also a need for expanding access to medication-assisted treatment that doctors are not able to opt out of just because they don’t want to treat these cases.
Unfortunately, we are still dealing with the effects of a severe epidemic in our country where people have become addicted to a dangerous class of drugs. If you or anyone you know has been harmed by the use of a prescription drug, and you feel as though the manufacturer, distributor, or retailer is to blame, you should contact an attorney who can review your case.
If you were seriously injured due to a prescription drug, please contact us for a free consultation to discuss your situation. We can be reached at (305) 662-6178.
References:
Coombs, B. (2018, November 20). Florida’s opioid lawsuit against CVS and Walgreens takes aim at distributors with deep pockets. Retrieved from https://cnbc.com/2018/11/20/floridas-opioid-lawsuit-against-cvs-and-walgreens-aims-at-distributors.html
Opioid Crisis: The lawsuits that could bankrupt manufacturers and distributors. (n.d.). Retrieved from https://cbsnews.com/news/opioid-crisis-attorney-mike-moore-takes-on-manufacturers-and-distributors-at-the-center-of-the-epidemic-60-minutes/
National Institute on Drug Abuse. (2018, February 28). Florida Opioid Summary. Retrieved from https://drugabuse.gov/drugs-abuse/opioids/opioid-summaries-by-state/florida-opioid-summary
Miller, N. S. (2018, October 23). Florida has opportunities, shortfalls in combating opioid epidemic, experts say. Retrieved from https://orlandosentinel.com/health/os-ne-guidewell-opioid-conference-20181023-story.html
