Gallatin County Commissioners voted unanimously Tuesday to join a federal lawsuit with Cascade County against several pharmaceutical companies that produce opioid painkillers, alleging the companies downplayed the risks of serious addiction to the drugs.
The two counties are asking a federal judge to rule that the pharmaceutical companies pay for unspecified damages that the companies may have caused in the county due to opioid prescribed painkillers. They are also asking that pharmaceutical companies stop misleading advertising and violating state law.
Commissioners said if the county prevails in the case, the money would be used for the prevention and treatment of opioid addiction.
Texas law firm Simon Greenstone Panatier Bartlett and Bozeman law firm Beck, Amsden and Stalpes will represent Gallatin County in the complaint. A number of pharmaceutical companies are listed in the joint lawsuit, filed in U.S. District Court in Great Falls.
Commissioners said they had already given a green light to join the lawsuit Friday. Commissioner Don Seifert said that was done because Montana Attorney General Tim Fox had announced his office would be filing a similar lawsuit, which could have hindered the county’s ability to claim damages.
However, he said, commissioners wrote a condition that allowed them to back out of the suit if they decided against it Tuesday.
Bozeman attorney Justin Stalpes will be representing Gallatin County in the lawsuit. After looking over the state’s lawsuit, he said the county could still claim damages.
“This suit is about accountability for the pharmaceutical manufacturers who have misled the community,” Stalpes told commissioners.
Bozeman pharmacist Diane Oddy told commissioners this is a big problem, but she thinks pharmaceutical companies have been very committed to the health of their people.
The 30-year pharmacist said the Drug Enforcement Agency had implemented a process many years ago to change dosages if there were indicators a patient might be heavily relying on a medication. She asked commissioners to “please get all the information” in fear that their decision might raise prices for patients who have a legitimate need for the medication.
“If they are in pain, I want them to get the right pain medication in the right amount,” Oddy said.
Oddy’s statement sparked the discussion of whether the county’s lawsuit would hinder patients’ access to medication they need. Stalpes said consumers’ need for medication would not be hindered if the county prevails in the suit.
According to the lawsuit:
Pharmaceutical companies have falsely claimed the risk of addiction is low and unlikely to develop when opioids are prescribed. They also failed to reveal the greater risk of addiction with prolonged use of opioids.
Companies also have falsely instructed doctors and patients that signs of addiction are actually signs of undertreated pain, which could be remedied by prescribing more of the opioid painkillers. Pharmaceutical companies have coined the term “psuedoaddiction,” which refers to drug-seeking behavior such as asking for more medication because pain is not adequately managed.
The complaint also claimed that the drug manufacturers made doctors feel comfortable prescribing opioids to their patients by addiction risk screening tools, patient contracts and other similar strategies. The complaint said the companies targeted general practitioners and family doctors who lack the time and expertise to closely manage higher-risk patients.
The lawsuit went on to say that the pharmaceutical companies downplayed the risk of addiction to opioids. Manufacturers deceptively marketed “abuse-deterrents” and created false impressions that these medications can curb addiction and abuse.
Gallatin County Court Services alone estimated that each year it spends roughly $103,666 of tax money because of opioid abuse. That money is used on services such as treatment court and drug testing.
The complaint also cited that the Missouri River Drug Task Force reported more than 50 calls for service from opioid overdoses from September 2015 through September 2016. The next year saw about 58 overdoses.
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