Delaware files suit against opioid drug makers, distributors, retailers

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Photo from Morguefile.

Delaware Attorney General Matt Denn filed suit Friday against some of the nation’s largest manufacturers, distributors, and retailers of prescription opioid drugs.

The lawsuit seeks to hold the companies financially responsible for a supply of opioids that by many measurements far exceeds legitimate demand 

“Opioid manufacturers misrepresented the addictive nature of their products.  They, along with national opioid distributors and national pharmacies, knew that they were shipping quantities of opioids around the country so enormous that they could not possibly all be for legitimate medical purposes, but they failed to take basic steps to ensure that those drugs were going only to legitimate patients,” Denn said. “These companies ignored red flags that opioids were being diverted from legitimate channels of distribution and use to illicit channels.  The failure of these corporate defendants to meet their legal obligations has had a devastating impact on Delawareans.”

Delaware’s lawsuit cites statistics showing that, each year, more than 50 opioid pills are shipped into Delaware for every man, woman, and child in the state.  When limited to persons – including those who received prescriptions for a week or less following minor medical procedures – who actually have used opioids, the estimated number is 440 pills per person per year. 

The manufacturer defendants named in Delaware’s lawsuit are Purdue Pharma and Endo Pharmaceuticals.  The distributor defendants named in the lawsuit are McKesson, Cardinal Health, Amerisource Bergen, Anda Pharmaceuticals, and H.D. Smith.  The retailer defendants named in the lawsuit are CVS and Walgreens.  Other defendants may be named in the future.

Endo is a company that was sold off by DuPont Merck in the 1990s to a team of is managers and remains based in the Delaware Valley. The company has specialized in pain medications, such as Percocet oxycodone hydrochloride and acetaminophen.) It is now a publicly traded company.

“The filing of this suit is an important step in what will likely be complex and time-intensive litigation against sophisticated national corporations,” Attorney General Denn said.  “But these defendants must be held accountable for the damage that they have caused to our state and its citizens.”