Delaware's lawsuit against Big Pharma: Here's what you need to know

The first oral arguments in Delaware’s attempt to sue Big Pharma will be heard in court this morning.

Delaware Attorney General Matt Denn and the state Department of Justice lodged the lawsuit earlier this year in hopes of recovering some of the millions of dollars that have been lost as the state has fought the heroin and opioid epidemic locally. 

The suit names drug manufacturers, distributors and drugstores, all of whom put powerful, painkilling opioid drugs into the hands of Delawareans. Those companies caused the deaths of 694 Delawareans from 2007 to 2016 from prescription opioid-related overdoses, according to a lawsuit filed in mid-January.

The companies named in the suit, however, have denied these allegations and are arguing to have it dismissed. Their arguments include the state failing to specify how each company directly contributed to the epidemic and the role they played in furthering the distribution of painkillers. 

As the arguments go before a Delaware judge – despite attempts to move the lawsuit to federal court and join it with other similar lawsuits – here’s what you need to know.

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Big Pharma has lost – or settled – these lawsuits in the past

As the epidemic has worsened nationwide, more organizations and communities have pursued these lawsuits in local and federal courts.

Some of these pharmaceutical companies have already shelled out millions in settlements. Purdue Pharma paid some $600 million after a 2007 ruling against the company, showing they knowingly misled doctors and consumers.

As recently as August 2017, Purdue settled for more than $20 million with multiple Canadian plaintiffs over claims that "the company failed to warn about the dangers of OxyContin, including its addictive properties," according to the lawsuit.

Delaware’s lawsuit, however, stresses that these settlements have done little to curb the prescribing and distribution of this medication.

Big Pharma plans to fight 

Nearly all companies named in the state's lawsuit told The News Journal when the lawsuit was filed that they are committed to addressing the opioid epidemic and either hope to be a part of the conversation around how to fix it or have already taken steps to address addiction.

In some cases, these companies are now making the medications used to treat addiction, such as methadone or buprenorphine.

A few companies, including Endo Pharmaceuticals and Cardinal Health, told The News Journal that they deny the allegations and plan to defend themselves in court.

In recent court filings, multiple companies moved to have the cases dismissed, saying the state failed to show specifically how each company contributed to the illegal distribution, manufacturing and prescribing of opioids. 

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Delaware’s lawsuit is different

In the past, states and communities haven’t gone after pharmacies for their role in getting prescription drugs into the hands of Americans.

But this lawsuit asserts that people submitted forged prescriptions or exhibited behavior that should have flagged the state’s prescription drug monitoring system, thus prompting pharmacists to not fill prescriptions.

CVS Pharmacy, which is one of the companies named in the lawsuit, said it has already taken steps to respond to and curb the opioid epidemic, including increasing training for its prescribers.

"CVS Health is strongly committed to working with the DEA and other regulatory and law enforcement agencies to help reduce prescription drug abuse and diversion while ensuring access to appropriate, effective pain medications for patients who need them," said Mike DeAngelis, senior director of corporate communications for CVS Health, in a statement. 

There’s no specific dollar amount Delaware is trying to recover

That’s because that number will vary depending on how many false claims and wrongdoings by the drug companies Delaware prosecutors can prove.

However, part of the state’s “request for relief” involves recouping the estimated $100 million the state loses annually in resources for health care, criminal justice, social services and education – all of which have been impacted by the epidemic, according to the lawsuit.

Why target Big Pharma?

Many Americans became addicted to pain medications like oxycodone and Percocet, which were marketed to doctors as effective ways to treat pain. However, when law enforcement began cracking down on these drugs, their street value skyrocketed – making heroin a much cheaper option for those already addicted.

Pills would go for $20 or $25, whereas heroin can be purchased for as little as $5 a bag.

Many experts point to the over-prescription and availability of painkillers as the driving force behind today’s raging heroin and opioid epidemic, which has prompted more and more attorneys general, municipalities and counties to pursue lawsuits.

In addition to the state, New Castle County and Dover are also pursuing lawsuits against Big Pharma.

Read the full lawsuit

Contact Brittany Horn at (302) 324-2771 or bhorn@delawareonline.com. Follow her on Twitter at @brittanyhorn.