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DEA Orders Big Pharma Opioid Distributor to Shut Down Sales

DEA Orders Big Pharma Opioid Distributor to Shut Down Sales

For the first time in six years, the DEA has ordered a suspension on a pharmaceutical wholesaler, and it’s a Big Pharma opioid distributor- Morris & Dickson.

We now know that officials all over the country, both at the state and federal levels, are joining forces to go after Big Pharma companies for pushing powerful opioid painkillers that contributed to one of the greatest addiction outbreaks in American history. While not everyone agrees on the role prescription drugs played in the opioid crisis, many believe the questionable marketing and distribution practices is reason enough for real intervention.

Lawsuits against opioid makers are taking place all over the US, and distribution companies are finding themselves in the hot seat.

DEA vs Opioid Distributor

This latest news comes following an investigation into Morris & Dickson. Allegedly, the investigation uncovered evidence that the Big Pharma opioid distributor neglected to inform the DEA about large quantities of addiction painkillers being bought up by independent pharmacies.

This is a problem because, according to The Hill, reporting such information to the DEA is a requirement.

Back in October of 2017 the investigation into the opioid distributor out of Shreveport, Louisiana got kicked off after reports came in that Morris & Dickson had sold narcotics to five of the state’s top 10 drug-purchasing pharmacies, but never filed any suspicious activity reports in any of these cases. In a statement Friday, the Justice Department revealed that according to the DEA investigation, independent pharmacies were allowed to purchase six times the amount they would normally order from the opioid distributor.

For the record- pharmaceutical distributors like Morris & Dickson are legally required to report unusually large shipments of narcotics to the government as a safeguard against prescription medications from making their way to the illicit drug market. DEA Acting Administrator Robert W. Patterson said in a statement:

“Distributors have an obligation to ensure that all pharmaceutical controlled substances their customer’s order are for legitimate use, and it is their duty to identify, recognize and report suspicious orders to DEA,”

“This is another reminder that DEA will hold accountable those companies who choose to operate outside the law.”

The Big Pharma opioid distributor will have the chance to appeal the suspension during an administrative hearing.

Morrison & Dickson Fight Back

Let the record show that Morrison & Dickson are definitely not taking these charges sitting down. The opioid distributor has struck back against the suspension with a federal lawsuit. They adamantly hold that they will fight the suspension. Company president Paul M. Dickson released his own statement, saying:

“Sadly, in this case, the DEA has gotten it wrong. We would’ve proved that to them had they given us the chance.”

They already asked a judge last Thursday to overturn the DEA suspension. In the legal claim against the DEA order the opioid distributor states:

“Make no mistake—this is a life and death situation. Morris & Dickson services 30-40% of the hospital drug market in Louisiana and Texas alone. If Morris & Dickson cannot ship needed medications to these hospitals, these hospitals may face immediate drug shortages.”

The company president also maintains that the opioid distributor has already greatly reduced its circulation of opioids. Dickson emphasizes that the company provides medications that many patients do desparately need. He also acknowledges the devastation caused by the opioid crisis, saying:

“Everyone in the Morris & Dickson family has been touched by the opioid crisis. That’s why we’ve taken aggressive and effective voluntary measures against any potential opioid diversion from medical use. We have reduced our opioid distribution dramatically. And it’s why we’re so proud of our history of 177 years with no outside enforcement actions against us.”

At this point, only time will tell if the company will have to adhere to the suspension for much longer.

Some people argue that moves like this from the DEA are too aggressive or an over-reach. However, given the circumstances, this seems like a logical response. Looking at the massive shipments of Oxycodone and Hydrocodone, it seems like it shouldn’t be too much to ask they notify the DEA.

What is Next?

Big Pharma executives testified for Congress yesterday, answering questions about their role in the prescription drug problem. The Washington Post reports that this could be a defining moment for the opioid industry. Witnesses for the hearing included high ranking executives from:

  • Miami-Luken, INC
  • McKesson Corporation
  • Cardinal Health
  • AmerisourceBergen Corporation
  • HD Smith Wholesale Drug Company

During the hearing, Congressman Gregg Harper of Mississippi states:

“We have learned much from the investigation but still have many questions,”

“Why did the distributors repeatedly fail to report suspicious orders of opioids or exercise effective controls against diversion?”

He goes on to explain that the DEA identified opioid distributor companies as a key element to combating the diversion of drugs to the black market. He states that distributors have often claimed that they were too limited to properly address these issues, as they do not understand the whole scope as the DEA does. However, he argues that distributors do have a great deal of data collection, and should be aware of their impact.

According to Congressman Harper, distributors also frequently argue that they are simply providing a service. They do not control the demand, but simply offer the supply based on the prescriptions from physicians. This argument seems a bit of a cop-out, and almost sounds like something a street-level drug dealer would say.

The committee also adds that over the course of 6 years, opioid distributor companies filled the state of West Virginia with over 780 million Hydrocodone and Oxycodone pills, while 1,728 people in West Virginia fatally overdosed on those two painkillers.

In their opening statements, each Big Pharma distributor representative acknowledged the devastation of the epidemic. However, when asked by Chairman Harper if they believed their companies contributed to the opioid epidemic, except for the chairman of the board for Miami-Luken Dr. Robert E. Mastandrea, they all said no.

In fact, Dr. Mastandrea seemed to be the only one consistently willing to admit that Miami-Luken had made mistakes that helped create the opioid crisis.

While it will take time to determine the impact of these testimonies, one thing we can say now is that drug distribution companies are quickly finding themselves on the chopping block when it comes down to the efforts to curb prescription opioids abuse.

For now, a crucial part of fighting the opioid epidemic is going to be providing safe and effective addiction treatment. It may not be easy to put a stop to the spread of addiction, but there are programs that can help you break out of the cycle of drug and alcohol abuse. If you or someone you love is struggling, please call toll-free now. We want to help.

CALL NOW 1-888-922-5398

Opioid Makers Will Soon Face New Justice Department Task Force

Opioid Makers Will Soon Face New Justice Department Task Force

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.

Holding Big Pharma accountable is a huge step. Nevertheless, we should also highlight the need for state and community officials to promote safe and effective addiction treatment. Innovative and holistic recovery programs can make a dramatic difference in helping heal communities. If you or someone you love is struggling, please call toll-free now.

 CALL NOW 1-888-922-5398

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