Attorney General Jeff Sessions made an announcement at a news conference Tuesday that the Justice Department will be creating a new task force to pursue the makers and distributors of prescription opioids. It seems that beyond pursuing new restrictions being put on prescriptions, there will be a more intentional focus on Big Pharma and those who many believe have made the opioid crisis possible.
Jeff Sessions said the task force will “examine existing state and local government lawsuits against opioid manufacturers to determine if we can be of assistance.”
Meanwhile, Sessions also included the Justice Department is going to be backing a lawsuit in Ohio against major prescription opioid makers.
Ohio VS Opioid Makers Lawsuit
In truth, this lawsuit isn’t just about the state of Ohio. It consolidates more than 400 complaints by cities, counties and Native American tribes nationwide. Buckeye Nation has definitely been hit hard by the opioid crisis, but for now, the stage is set here for a massive effort against questionable practices from opioid makers.
The lawsuit that solicits the Justice Departments attention is pending in Federal District Court in Cleveland. It goes after various companies for using misleading marketing to promote prescription opioids, including:
- Manufacturers
- Distributors
- Dispensers
The lawsuit also accuses the defendants of:
- Downplaying the risk of addiction to these drugs
- Failing to report suspicious orders by consumers, which would indicate the drugs were being abused
Furthermore, there are some big names in Big Pharma being listed as defendants, including:
- Johnson & Johnson
- Purdue Pharma
- Teva Pharmaceuticals
The suit is also going after large distributors, such as:
- McKesson
- Cardinal Health
Not to mention pharmacy chains like:
- CVS
- Walgreens
- Rite Aid
So how will the Justice Department be engaging in the current lawsuit? How will this new development impact the outcome of the case?
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Statement of Interest Against Opioid Makers
During the press briefing, Sessions explained that the Justice Department plans to file what is called a “statement of interest” in the Ohio lawsuit. This is a technique that past administrations typically would only resort to in cases that directly affect the federal government’s interests, such as diplomacy and national security.
However, with the intensity of the opioid crisis being what it is, it is perfectly understandable to make it such a high priority for the current administration to get involved with. So far, recovery advocates have been largely unimpressed with the half-measures that have been presented thus far with the Trump administration to address the issue.
By invoking the statement of interest, the attorney general is legally able to argue on behalf of the government’s interest in any court in the country. However, it does not make the government a plaintiff. All things considered, Sessions said his department will use criminal and civil penalties. He states,
“We will use whatever tools we have to hold people accountable for breaking our laws.”
Which is quite a statement, considering it isn’t at all common for criminal charges to be brought against Big Pharma.
The Devil Is in the Data
What brought the Justice Department into this began with a discussion on access to certain data. This past Monday, lawyers for the Drug Enforcement Administration (DEA) came to the Ohio courtroom to discuss how much data they would share about the national distribution of painkillers.
The DEA said it would only provide two years of information in the case, asserting that the agency did not want to compromise ongoing criminal investigations. However, Judge Dan Aaron Polster’s request is to provide the sides with nine years of data. He said the agency has until next Monday to decide whether it will comply. This data can assist in determining:
- The number of pills distributed
- The locations
- The distributors
This information could be crucial in allocating liability.
Richard Fields, a lawyer who represents state attorneys general and sovereign Native American nations in opioid litigation, predicts that the statement of interest from the Justice Department “will help unlock this data so that we can hold manufacturers, distributors and pharmacies accountable for flooding communities with pills.”
Therefore, it appears Sessions is going to be taking some big steps toward calling out Big Pharma for their involvement in the opioid crisis. Sessions says the government will be taking a hard look at doctors who overprescribe prescription painkillers. Even legal drugs like these too often lead to addiction and abuse of illegal drugs like heroin.
Ohio Attorney General Mike DeWine says he believes this is a game changer. With all the suffering communities in Ohio have seen over the past several years, we can only hope.
