ENDP Endo International PLC

By Jeanne Whalen and Sara Randazzo 

Florida, Texas and four other states became the latest to file lawsuits against Purdue Pharma LP and other opioid painkiller makers, alleging they fueled an addiction crisis by misrepresenting the risks of their drugs.

Florida and Texas, the most populous states yet to pursue litigation, join more than a dozen other states and hundreds of counties, including Ohio, Alabama, Missouri, New Hampshire and Washington, to sue opioid painkiller makers. Many states and counties have also sued painkiller distributors.

Florida said it filed suit in state court against painkiller makers Purdue Pharma, Endo International PLC, Johnson & Johnson, Teva Pharmaceutical Industries Ltd., and Allergan PLC, alleging their marketing played down the painkillers' risks of addiction. Florida's lawsuit also targets the drug distributors AmerisourceBergen Corp., Cardinal Health Inc., and McKesson Corp., alleging they failed to control dangerous shipments of the drugs to pharmacies. Florida also sued Mallinckrodt PLC, describing it as a distributor.

Texas, Nevada, Tennessee, North Carolina and North Dakota on Tuesday filed suit against Purdue Pharma, maker of the painkiller OxyContin, with allegations similar to Florida's.

"The people who started this, the people who created this, the manufacturers and distributors of these drugs who pushed them, will be held responsible," Florida Attorney General Pam Bondi said at a news conference, flanked by law-enforcement officials who lashed out at the companies, accusing them of prioritizing profits over public safety.

Purdue Pharma denied the allegations, adding: "We are disappointed that after months of good faith negotiations working toward a meaningful resolution to help these states address the opioid crisis, this group of attorneys general have unilaterally decided to pursue a costly and protracted litigation process."

Johnson & Johnson called its marketing of the drugs "appropriate and responsible." Teva said it is "committed to the appropriate use of opioid medicines." Allergan said it supports the "safe, responsible use of prescription medications."

The distributor AmerisourceBergen said it reports and stops pharmacies' drug orders when they appear suspicious and plays no role in prescribing or dispensing pain medicines. The other companies didn't immediately respond to requests for comment; most have denied similar allegations in the past.

All of the states filing suit Tuesday are part of a bipartisan, multistate group that has been investigating the marketing of painkillers and the causes of the addiction crisis.

Late last year, Purdue said it was holding talks with the multistate group aimed at forging some sort of resolution.

Nevada Attorney General Adam Laxalt's office said Tuesday it is still investigating other opioid manufacturers and distributors as part of that group, which it said is continuing "to engage in ongoing settlement discussions with Purdue and other companies."

North Carolina Attorney General Josh Stein said that if the continuing multistate investigations lead to the conclusion that other companies violated the law, "I will not hesitate to take them to court as well." The opioid crisis, he said, "has left death and destruction in its wake in North Carolina."

Texas Attorney General Ken Paxton said the state, through its lawsuit, is "holding Purdue Pharma accountable for fueling the nation's opioid epidemic by deceptively marketing prescription painkillers including OxyContin when it knew their drugs were potentially dangerous."

Asked how much money Florida is seeking in damages, Ms. Bondi said "millions, billions, probably." She added Florida would prefer to settle the case to avoid prolonged litigation but is prepared to fight in court. Like many other states, Florida has hired outside law firms to assist in the litigation; the firms stand to win a percentage of any settlement or judgment.

More than 750 cities, counties, states and Indian tribes have launched lawsuits against opioid manufacturers and distributors.

The attorneys general have largely filed suits in state court. The majority of the rest of the cases are consolidated in federal court before U.S. District Judge Dan Polster in Cleveland, who has pushed hard for a quick resolution.

At a hearing before Judge Polster last week, court-appointed special master Francis McGovern, who is guiding settlement talks, said there have been "very fruitful, very open, cooperative discussions."

The judge has set a trial date in March 2019, but stressed again last week that litigating the case should been seen as a tool toward settling and not a replacement. "I still am resolved to be the catalyst to take some steps this year to turn the trajectory of this epidemic down rather than up up up," Judge Polster said.

(END) Dow Jones Newswires

May 15, 2018 18:38 ET (22:38 GMT)

Copyright (c) 2018 Dow Jones & Company, Inc.