County commissioners join opioid distributor civil action

COSHOCTON – In an attempt to battle the continuing opioid epidemic Coshocton County Commissioners have filed a lawsuit similar to other municipalities against several major pharmaceutical companies. 

Commissioners approved a resolution on Nov. 13 to pursue the suit, which was filed Monday in Southern Ohio District Court. AmericansourceBergen Drug Corporation, Cardinal Health and McKesson Corporation were named as distribution defendants. 

Purdue Pharma, Teva Pharmaceuticals, Cephalon, Johnson & Johnson, Janssen Pharmaceuticals, Noramco, Endo Health Pharmaceuticals, Allergan, Watson Pharmaceuticals and Mallinckrodt were named as manufacturer defendants. 

The county is represented by Greene, Ketchum, Farrell, Bailey & Tweel LLP, a firm which is representing other counties in similar suits. 

According to the suit, the wholesale distributors sold more than 14 million opioids in Coshocton County from 2010 to 2015, which would equal out to more than 380 pills for each individual living in the county during the time period. 

The stated purpose of the civil action is to eliminate the hazard to public health and safety caused by the opioid epidemic, abate the public nuisance caused by it and recoup money spent based on false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids. The defendants are also said to have been involved in racketeering and violations of the Corrupt Practices Act.

The suit states that “the widespread abuse of opioids has resulted in a national epidemic of opioid overdose deaths and addictions.” It also alleges that the addictive nature of such drugs were falsely represented to doctors who then prescribed them to their patients based on incorrect information motivated by corporate greed.

The wholesale distributors named, referred to as the “Big 3” in the suit, are said to control 85 percent of the market share. They operate distribution centers in Washington Court House, Lockbourne, Zanesville and Groveport. 

Commissioner Gary Fischer said they did not pursue the suit for any financial gain, which is undetermined and could be several years away. They wanted to try to curb the over prescribing that has had a ripple effect. Fischer said the opioid epidemic has had negative impact on the local county jail, court system and division of job and family services among other agencies. 

Commissioner D. Curtis Lee said if the county would see any money from a settlement, they could use it for services and programs relating to the opioid epidemic. That could even go toward a new justice center commissioners have been actively pursuing if it’s shown drug related crimes has upped the number of inmates. 

Other examples include more money to the court system for prosecuting such cases, drug treatment programs at the local jail and more funding into foster care. The Public Children Services Association of Ohio relates an 11 percent increase in children in state care over the past six years to the opioid epidemic.

“They’re attacking the root of the problem, not catch the end result. They’re going to the cause of the problem,” Fischer said of the suit’s purpose. “It’s not targeting doctors or patients, it’s targeting the distributors.”

llhayhur@coshoctontribune.com

@llhayhurst

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