Schuylkill suing drug companies

Schuylkill County has sued the nation’s major drug opioid makers, distributors, and consulting physicians for their roles in creating the opioid crisis that is claiming lives and costing the county millions of dollars.

The defendants (including three physicians that are referred to as “known opinion leaders” in the lawsuit, are Purdue Pharma L.P.; Purdue Pharma Inc.; The Purdue Frederick Company Inc.; Teva Pharmaceuticals USA Inc.; Cephalin Inc.; Johnson & Johnson; Janssen Pharmaceuticals Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc.; Janssen Pharmaceutica Inc.; Endo Health Solutions Inc.; Endo Pharmaceuticals Inc.; Dr. Perry Fine; Dr. Scott Fishman and Dr. Lynn Webster. The major drug distributor-defendants are: Cardinal Health Inc., Amerisource Bergen Drug Corporation, and McKesson Corporation.

The suit, filed in county court, alleges the defendants “must be held accountable for allegedly conspiring to deceitfully promote and market the “benefits of using opioids to treat chronic pain.”

The filing was jointly announced Monday by the county commissioners, Frank J. Staudenmeier, Gary J. Hess and Chairman George F. Halcovage Jr., county Administrator Gary R. Bender, and first deputy solicitor Glenn Roth.

“One opioid-related death is one too many, but now we are seeing a death toll related to this public health scourge in the dozens despite our significant enforcement, education and treatment efforts,” Halcovage said.

“While we continue to fight back on all fronts, we can now assure our nearly 150,000 residents that through this lawsuit the county intends to hold the responsible drug companies — and the distributors — accountable in a court of law for their actions,” he said.

Schuylkill County’s opioid-related deaths increased more than 130 percent from 2016. About 60 people died last year, according to the lawsuit.

More than $500,000 alone has been spent on related detox health services, necessary training to first responders, and equipping them with lifesaving naloxone drugs to administer to the addicted. Presently, the county receives no reimbursement for those direct costs.

Roth, who commended the county for recently establishing its first drug treatment court in response to the opioid crisis, said it comes with a significant price tag that pales in comparison to the millions of dollars the county has spent and must continue to spend on social services for children impacted by opioid-addicted parents or guardians.

“We cannot ignore these children, and at the same time we can’t increase the tax burden on our citizens. This lawsuit is a powerful means of asserting our well-documented claims in a way that requires no out-of-pocket legal expenses from the county,” he said.

Commissioners in May retained the law firm of Saltz, Mongelussi, Barrett & Bendesky P.C. to represent the county in the “initiation and prosecution of litigation against those drug manufacturing companies that manufactured, promoted, distributed and sold opioids nationally, in the commonwealth of Pennsylvania, and in Schuylkill County.”

The legal team also includes the national law firm of Simmons Hanly Conroy, LLC, which in 2003 filed the first successful action against opioid manufacturers.

There is no money paid upfront; if any suit results in an award, the county will pay the firm 25 percent of the gross settlement, Roth said at the time.

“If we are successful, and believe we will prevail, the highly experienced, nationally prominent legal team will receive a predetermined, appropriate percentage of either the jury award or settlement. This is a timely and necessary action,” Roth said Monday.