Fulton sues for harm caused by opioid drug manufacturers, distributors

By Maggie Lee

Fulton County’s top elected official said the county is seeking redress for “great harm” as he announced on Monday that Fulton is suing more than two dozen entities that manufacture or distribute opioid drugs.

The 258-page complaint accuses drug companies of deceptive and unfair marketing, and of downplaying opioid addiction risk, in order to sell the drugs widely.

“Fulton County, Georgia, like so many communities, has been hit hard by the opioid epidemic. The personal cost and toll to many of our citizens has been tragic and devastating. And far too often began as a result of an opiate that never should have been prescribed in the first place,” said Fulton County Commission Vice Chairman Bob Ellis, announcing the lawsuit.

Bob Ellis,vice chairman of the Fulton County Commission, prepares on Monday to announce a county lawsuit against opioid manufacturers and distributors. Credit: Maggie Lee

Bob Ellis,vice chairman of the Fulton County Commission, prepares on Monday to announce a county lawsuit against opioid manufacturers and distributors. Credit: Maggie Lee

Opioids are a class of drugs that include heroin, but also addictive prescription painkillers like oxycodone. Some folks who start with prescriptions get hooked and do move on to cheaper street drugs, like heroin.

And that’s costing the county money, according to Ellis.

He was speaking from floor of the commission’s public meeting room Downtown, standing with attorneys and the district attorney, deputies, police, the folks who oversee public health and behavioral health officials and the county’s chief medical examiner.

That is, the officials who meet people who have addictions on the street, arrest them if they’re getting in trouble trying to feed a habit, prosecute them, take them to Grady, jail them, treat them, and finally, in a few cases, fill out a death certificate.

Ellis said those public services are under stress.

“Jails have become de facto mental health and addiction treatment facilities. the cost to provide those services has exploded as a result,” he said.

A total 154 people died of overdoses in Fulton County in 2016, said District Attorney Paul Howard. Of those, 45 percent were initially addicted to the drugs mentioned in the suit, he said. That is, prescriptions.

The lawsuit is like lawsuits against tobacco decades ago, said Paul Napoli, of Napoli Shoklnik, one of the outside attorneys who’s handling the case.

“But we think we have additional tools in the tool box that we didn’t have in tobacco, and those are the Controlled Substances Act. Georgia has its own Controlled Substances Act that puts responsibility on manufacturers and distributors to be responsible in distributing their drugs here in Georgia. So with that tool we think we have a strong weapon to seek some recovery,” Napoli said.

Ellis said it’s the first case in the state like this. But it’s not the only one in the country. Napoli’s firm itself has been busy lately announcing similar cases in places like Mora County, New Mexico and Nassau County, New York.

Napoli said about 120 counties nationwide have sued opioid manufacturers or distributors.

“Fulton is forced to spend taxpayer money on rehabilitation and other services in the community, money that can be used to rebuild infrastructure or can be used for other community projects,” Napoli said.

The case won’t cost Fulton County taxpayers a cent, said Roderick Edmond of Edmond, Lindsay & Hoffler, LLP, another outside attorney on the case. The case is being financed by the attorneys.

“If we recover for Fulton County, then there’s a 25 percent recovery [fee].” He said the law firms will also pay if a judge rules against the county and orders it to pay the companies’ legal fees.

Read the 258-page complaint filed in Fulton County State Court here.

The defendants include Atlanta’s Medicine Center Pharmacy and Amarc Medical Clinic, whose operators have been convicted of drug-trafficking charges.

The entities named in the suit are:
Purdue Pharma, LP, Purdue Pharma, Inc.,
The Purdue Frederick Company, Inc.,
Teva Pharmaceuticals USA, Inc.,
Cephalon, Inc.,
Johnson & Johnson,
Janssen Pharmaceuticals, Inc.,
Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals, Inc.,
Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc.,
Endo Pharmaceuticals, Inc.,
Allergan PLC f/k/a Actavis, PLC.,
Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.,
Watson Laboratories, Inc.,
Insys Therapeutics, Inc.,
Actavis, LLC,
Actavis Pharma, Inc. f/k/a Watson Pharma, Inc.,
Endo Health Solutions, Inc.,
McKesson Corporation, Cardinal Health, Inc.,
Amerisourcebergen Corporation,
Russell Portenoy,
Perry Fine,
Scott Fishman,
Lynn Webster,
Medicine Center Pharmacy,
Amarc Medical Clinic,
J.M. Smith Corporation,
Vaxserve, Inc.,
PSS World Medical, Inc.,
Attain Med, Inc.,
Bloodworth Wholesale Drugs, Inc.,

 

Maggie Lee is a freelance reporter who's been covering Georgia and metro Atlanta government and politics since 2008.

4 replies
  1. Jeff Kling says:

    It is about time. Let’s peel back the skin of the onion a bit more just like 60 Minutes did recently. The stench coming from this “Love In” as opposed to “War” on drugs with the manufacturers and especially the distributors stinks all the way up to DC. Don’t count on much help from Sessions…he’s focused on all the bad marijuana users.Report

    Reply
  2. Patricia Reynolds says:

    What can those of us do who almost lost lives due to fentanyl patches in a heated car or overheated? What are we to do who have been disfigured due to allergic reactions that doesn’t effect breathing but damage to skin in the form of lesions all over our bodies?

    For two of 4 years I searched for answers from every specialty to be told there was no help. Ending with infectious diseases I finally figured it out through the process of elimination and researched by asking the correct questions on the National Institute of Health website.

    It took changing pain clinics to get a doctor to get me off of fentanyl but I am still stuck on Percocet. I am one of those people with advanced spine disease, and osteoarthritis in all major joints for more than 20 years. I do not have a disease that shortens my life but debilitate it. I have promise, and highly intelligent.

    I was placed on opiods 2/2013 and within months begun to show signs of rash but no doctor associated the rash with opioid until 2016 when I brought him the evidence. Shortly after that my gastrologist informs me that the same drugs caused holes in my intestines which I still have.

    I had beautiful skin and now I have lesions from head to toes. Who will get justice for me? I want off opiods but no discussions are being made concerning an alternative to manage the pain. The rash has slowed but through my own research and inventions for treatment I manage it. No one speaks for us.

    I still feel helpless!Report

    Reply

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  1. […] and criminal justice costs to local governments, Fulton County (GA) recently announced that it is suing a group of companies in the […]Report

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