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Levin Papantonio

Hillsborough County files ‘opioid’ lawsuit

August 22, 2018 By B.C. Manion

Hillsborough County has filed a lawsuit in the 13th judicial circuit court in Hillsborough County against 14 manufacturers and distributors alleging they have played a role in the opioid epidemic in the county.

The county has hired a national team of lawyers to represent them in the lawsuit, with attorney Mike Moore as the lead litigant. Moore, a former Mississippi attorney general, is now handling a number of similar suits on behalf of local and state governments nationwide.

Hillsborough County Commission Chairwoman Sandra Murman

The list of defendants in the county’s lawsuit includes Purdue Pharma, Teva Pharmaceutical Industries, McKesson Corporation, CVS Health Corporation, Walgreens and nine others.

At a news conference announcing the lawsuit, Hillsborough County Commission Chairwoman Sandra Murman said, “Today is an important day, but today is just like every day in Hillsborough County. There’s a baby being born that’s substance exposed because the mother was on drugs. We have many children every single day being removed from their homes, put in foster care because their parents are substance exposed and addicts.

“We have young people every day that are dying of opioid overdose,” Murman said.

The county’s lawsuit “alleges that manufacturers of these drugs misrepresented the risk of opioids and marketed the drugs for chronic pain, when in fact, there’s not one single valid scientific study that supports the use of opioids for treatment of long-term chronic pain, Murman said.

The county intends to prove that drug distributors shipped excessive amounts of pain pills into the community, flooding county streets with pain pills, the commission chairwoman added.

The opioid epidemic is widespread, crossing socioeconomic boundaries, she said.

“It affects our seniors. It affects adolescents. Children. Families,” she said.

There have been 1,072 opioid overdose deaths in Hillsborough County since 2012, Murman said. The county also has seen a 24 percent increase in opioids over a period of five years.

“That’s a direct result of the fraudulent marketing of the drugs and the excessive amounts of drugs shipped into our county by these defendants,” Murman said.

“Hillsborough County is leading the state in the number of babies born addicted to opioids,” Murman said. “That is totally unacceptable.”

There were 579 cases of babies addicted to opioids reported in Hillsborough County in 2015, she said.

“For me, it’s personal.,” Murman said. “My sister, who was addicted to painkillers, committed suicide.”

At the news conference, Moore said he was involved in helping to resolve the BP oil spill.

“What we have here is a pill spill,” Moore said. “Close to 40,000 people in your county are opioid addicts.”

Moore characterized the problem as a “ticking, ticking time bomb.”

“We want these companies to pay to clean the pill spill,’ Moore said.

Moore challenged a perception that some may have about the types of people who die from opioid abuse. It’s not just a problem faced by people who live on the streets, he said.

“It’s somebody’s 19-year-old college student.

“It’s a 35-year-old lawyer.

“It’s a housewife,” Moore said.

State attorney Andrew Warren, who also spoke at the news conference, agreed: “It’s a public health crisis. It does not discriminate.”

Hillsborough County Sheriff Chad Chronister, weighed in, as well. He put it like this: “We must dry up the supply. This is not an epidemic we’re going to arrest our way out of.”

Hillsborough’s lawsuit follows a national trend for local governments to fight against the distributors and manufacturers of opioid medications.

The Pasco County Commission voted in January to become one of several plaintiffs in litigation that seeks to replicate the kind of payouts attorneys won in the late 1990s against the tobacco industry.

Pensacola-based Levin Papantonio is representing Pasco County. The law firm is part of a consortium that is pursuing lawsuits in several states including West Virginia, Ohio and Kentucky.

In 2016, Pasco County had 165 drug overdose deaths, and 120 were related to opioids.

Published August 22, 2018

Filed Under: Health, Local News Tagged With: Andrew Warren, Chad Chronister, CVS Health Corporation, Hillsborough County, Levin Papantonio, McKesson Corporation, Mike Moore, opioid epidemic, Pasco County Commission, Purdue Pharma, Sandra Murman, Teva Pharmaceutical Industries, Walgreens

Pasco joins lawsuit seeking opioid settlement

January 31, 2018 By Kathy Steele

Pasco County has joined the national trend for municipalities to fight back against distributors and manufacturers of opioid medications.

County commissioners voted to become one of several plaintiffs in litigation that seeks to replicate the kind of payouts attorneys won in the late 1990s against the tobacco industry.

Pensacola-based Levin Papantonio will represent Pasco County. The law firm is part of a consortium that is pursuing lawsuits in several states including West Virginia, Ohio and Kentucky.

Pasco County Sheriff Chris Nocco (File)

At stake is money that could be made available to the county for drug addiction treatment and the costs to law enforcement.

Pasco County Sheriff Chris Nocco spoke in favor of the lawsuit, prior to the county commissioners’ vote on Jan. 23 in New Port Richey.

“We feel the epidemic every day,” Nocco said.

In 2016, Pasco County had 165 drug overdose deaths, and 120 were related to opioids.

This is a legacy of marketing strategies that promoted prescription opioids as safe and nonaddictive, the sheriff said.

“It’s actually a pill that made them addicts,” Nocco said. “Someone is accountable for it. They should be sued,” the sheriff said.

Nocco noted the unexpected consequences from the state’s successful closure of pill mills, which distributed the opioids. He said people addicted to prescription pain medications turned to other sources, including heroin and fentanyl.

The sheriff recalled an instance when officers found a man beating on the chest of a homeless man. Initially, it appeared to be an assault. Instead, Nocco said it was a heroin overdose.

“He was trying to revive him,” Nocco said.

Pasco County deputies routinely carry Narcan, a medication that can help reverse the effects of an overdose.

In December, Pasco County commissioners heard a workshop presentation from attorney Jeff Gaddy, of Levin Papantonio.

The local law firm of Lucas/Magazine initially approached the county about the lawsuit proposal.

No upfront costs will be charged to the county. If a settlement is reached, attorneys would be eligible for a maximum 25 percent contingency fee from the county’s share of the settlement.

The lawsuits are filed against drug distributors and manufacturers. They allege that false claims were made about the safety of opioids, and excessive pill distribution that amounted to a “public nuisance.”

The lawsuits also allege that distributors failed to report suspicious orders to the federal Drug Enforcement Administration, as required by law.

Any settlement would seek to establish abatement funds that would be used to recoup public dollars spent battling the opioid crisis.

Published January 31, 2018

Filed Under: Health, Local News Tagged With: Chris Nocco, Drug Enforcement Administration, Jeff Gaddy, Levin Papantonio, Lucas Magazine, Narcan, opioids

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