OxyContin Maker Sued by Provinces Over Opioid Crisis

Canada’s provinces have joined in the massive legal fight against Purdue Pharma over its introduction of OxyContin two decades ago, allegedly leading to the start of the devastating opioid crisis.

On Nov. 5, the provinces filed a claim for more than US $67 billion against Purdue Pharma in the U.S. Bankruptcy Court for the Southern District of New York.

According to CBC News, British Columbia is seeking US $9.1 billion, Ontario is seeking US $26.1 billion and Quebec is seeking US $13.5 billion.

“The Canadian number looks large and it is large because it’s a significant problem,” lawyer Reidar Mogerman said. “I believe if you add in claims from U.S. entities you get numbers in excess of $2 trillion US. It’s really staggering.”

Mogerman is representing British Columbia in the class action cost recovery litigation. He compares this OxyContin litigation to legal actions filed over mass public injuries that were caused by tobacco use and asbestos exposure.

“It’s a product we thought was useful and it turned out to be extremely dangerous,” Mogerman said. “The carnage can only be addressed with society-wide tools.”

OxyContin’s Role in the Opioid Crisis

Purdue Pharma introduced OxyContin approximately two decades ago. Addiction experts are now recognizing the release of OxyContin as the start of the widespread opioid crisis.

OxyContin reportedly spread quickly to the streets and caused a significant public health crisis. The opioid crisis has also been linked to an increase in the use of fentanyl which has been blamed for the overdose deaths of more than 4,500 Canadians in 2018.

According to Mogerman, Purdue Pharma was hit by so many claims related to the opioid crisis that it sought bankruptcy protection in the United States. This has reportedly held up the legal process through which legal claims against Purdue Pharma are handled.

Purdue reportedly paid US $634.5 million to settle litigation in the United States after it was accused of misrepresenting OxyContin as less addictive than other prescription pain medications.

Health Canada has not investigated Purdue Pharma, according to CBC News.

Opioids are still available for use in the United States and Canada, but there have been more restrictions on their use and the way in which they are marketed.

Canada’s Opioid Crisis Class Action Lawsuit

Opioid makers are facing the potential of a Canadian opioid crisis class action lawsuit, which may be certified by a Quebec judge this month.

Purdue Pharma’s Canadian entities are included as defendants in the opioid crisis class action lawsuit.

Purdue Pharma has reportedly agreed to plead guilty to criminal charges in the United States as part of a US $8 billion settlement. The charges include conspiracy to defraud the United States and violation of federal anti-kickback laws.

“While the guilty plea in the U.S. does not have a direct impact on the Quebec proceedings, the admissions made by Purdue US of its role in a conspiracy to mislead the public about the risks of using opioids are consistent with the allegations made in the Quebec class action proceedings, and gives credence to the allegations that similar activities would have taken place in Quebec and Canada,” lawyer Mark Meland said.

Meland, a lawyer at Fishman Flanz Meland Paquin LLP in Montreal, is working on the Canada opioid crisis class action lawsuit.

British Columbia filed an opioid crisis class action lawsuit last year over allegations drug manufacturers misrepresented opioids as less addictive than other painkillers.  Ontario and New Brunswick said they are participating in the opioid crisis class action lawsuit. Last month, Alberta announced that it would be joining the opioid class action lawsuit as part of an effort to recoup health care costs.

Earlier this year, the Alberta city of Grande Prairie said that it would also join an opioid crisis class action lawsuit.

Canada Turned Down Purdue Opioid Settlement Money

Canadian provinces have had a couple of opportunities to receive class action settlement money from Purdue Pharma but withdrew their support over concerns that the proposed amounts were inadequate.

According to CBC News, Canadian provinces nearly agreed to $2 million form a Purdue settlement offer, but withdrew their support after Saskatchewan judges found that the provinces failed to protect public funds.

Purdue also reportedly offered CAD $20 million to settle a Canadian opioid crisis class action lawsuit that was launched in 2007. Approximately 1,600 Class Members are part of that class action lawsuit. The provinces withdrew their support of the proposed Purdue settlement after judges’ expressed concern.

Have you or someone you know been affected by the opioid crisis? Tell us your story in the comments section below.

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