Add Elwood, Alexandria to those suing over opioids

As is the case with the county, Elwood and Alexandria are hiring the Indianapolis law firm of Cohen & Malad to file a lawsuit in federal court in Indianapolis.

The prescription rate for opioid drugs in the county has been as high as 155 prescriptions for each 100 residents. 

The Indiana Next Level Recovery website lists the state average for opioid prescriptions for each 100 residents at 84, The overall national average, according to the U.S. Centers for Disease Control and Prevention, is 82.5 prescriptions for each 100 residents.

The state numbers for Madison County show in 2008 there were 149 opioid prescriptions for each 100 residents and in 2016 that number was 110.

“These companies must be held accountable for their role in the rise of opioid addiction,” Elwood Mayor Todd Jones said. “Opioid addictions are not only putting a significant strain on public safety budgets but are more importantly destroying families.

“It is time for companies that started this and turned a blind eye to its consequences to take responsibility for the devastation it has caused in communities,” he said.

Lynn Toops of Cohen & Malad said Elwood has experienced a significant burden of the safety and well-being of residents.

“This lawsuit will seek to lessen the financial burden on the city and serve to hold these drug manufacturers and distributors accountable for their actions,” she said.

Alexandria Mayor Ron Richardson, who served two terms as Madison County Sheriff and was a member of the Drug Task Force, said he has witnessed the negative effects that drug use and addiction can bring to families.

“In our communities we must be proactive in every aspect possible when addressing these unfortunate situations in our communities,” Richardson said.

Madison County Commissioner John Richwine said Cohen & Malad are assuming all of the costs of the lawsuit, including the collection of data to support the county’s case against the drug companies.

Toops said the lawsuit will allege that the distributors failed in their duty to report and stop suspicious orders of opioids that flooded Elwood and Alexandria.

County attorney Jeff Graham said similar opioid litigation lawsuits have been filed across the country, including by Indianapolis, Bloomington and several Indiana counties.

“This mirrors the lawsuit filed by Indianapolis,” Graham said.

The Indianapolis lawsuit contends that the "dramatic increase" in painkiller use in Indianapolis was caused by the companies' deceptive marketing and their "failure to identify, report and stop suspicious orders" of opioids, the Associated Press reported in November. It also alleges the companies misled consumers and medical providers about the risks of painkillers.

Because of the high risk of addiction to opioids such as OxyContin, they should be used only for short-term needs after surgery or trauma and end-of-life care, the suit says, arguing that the companies did not market them as such and thereby created a false sense of safety for the products.

Purdue Pharma, Teva, Janssen, Endo, Allergan, AmerisourceBergen and Cardinal Health are among the named defendants in the lawsuit. 

Several of the drug companies have denied any wrong doing.

The lawsuit is seeking treble damages to cover the cost of treatment programs, care for infants born with opioid addictions and law enforcement costs.

“The complaint is that deceptive practices led to the opioid addiction problem which is costing the county,” Graham said.

The lawsuit claims that with with prolonged use, the effectiveness of opioids wanes, which requires an increase in dosage, "increasing the risk of significant side effects and addiction.” It says maufacturers knew of studies that suggested opioids should be limited to short-term use.

“To date, there have been no long-term studies demonstrating the safety and efficacy of opioids for long-term use,” the lawsuit continues.