Despite efforts to curb opioid prescriptions, investigations have found that doctors and dentists in the U.S. continue to prescribe opioids at dangerous rates, contributing to the ongoing opioid epidemic in America.
Travis Rieder, a bioethicist at Johns Hopkins University, told NPR that he struggled with an opioid use disorder following a motorcycle accident in 2015. “I’d just call the surgeon, and he’d up the dose. They kept writing the prescriptions, and I kept taking them,” he said.
Research shows that many healthcare providers still prescribe opioids for conditions where safer alternatives exist. “We’ve had an attitude about opioids that they are similar to antibiotics, where you can prescribe and forget,” Rieder added. “That’s a crazy view for a medicine like opioids.”
Crazy, indeed. Opioid overdoses killed over 81,000 Americans in 2022, more than any year on record, according to the Centers for Disease Control and Prevention (CDC). And now we know that the drug companies that make these drugs used aggressive marketing and questionable research to convince us that they were not addictive.
Achieving justice for those suffering from the unrelenting opioid epidemic may have to wait a little longer. A recent decision from the U.S. Supreme Court could transform the way drug makers are held accountable for their roles in the opioid epidemic in America and delay justice for millions.
How Misleading Marketing Created the Opioid Epidemic
Until the mid-1990s, opioids were only prescribed for pain from severe injuries or to cancer patients. That all changed in 1996 with the introduction of OxyContin, an extended-release opioid from Purdue Pharma. This drug was heavily promoted to doctors as less addictive and therefore appropriate for more common conditions, even though Purdue executives knew the opposite was true.
As prescription opioids became a cash cow for many pharmaceutical companies, they continued to trivialize the risks while overstating the benefits of opioid usage. Meanwhile, overdoses from prescription and non-prescription opioids surged since OxyContin came on the market, leaving millions of grieving survivors across the country.
Controversial Agreement Shields Purdue Pharma from Civil Justice
In 2019, Purdue Pharma filed for Chapter 11 bankruptcy, as it had gone into massive debt from thousands of lawsuits accusing the company of kickstarting the opioid crisis. At the time, the Sackler family had a controlling interest in the company and withdrew billions of dollars before the bankruptcy filing.
As part of the bankruptcy case, the Sacklers agreed to contribute $6 billion to the settlement in exchange for immunity from future civil lawsuits. This arrangement has been controversial, as opponents argue that the bankruptcy system should not protect individuals who have not declared bankruptcy themselves. Through the U.S. Bankruptcy Trustee, the Biden administration opposes this release from liability, contending that the Sacklers should not be allowed to avoid further legal action while keeping much of their wealth. Not only are they insulated from liability from all who could potentially sue them, but the Sacklers themselves do not have to declare bankruptcy personally.
In June, the Supreme Court threw out the bankruptcy settlement, which would have shielded the Sackler family and their fortune from civil lawsuits. Unfortunately, this decision was bad news for the states that brought the action and the opioid victims and their families they represented because it resets the original bankruptcy negotiations, forcing the plaintiffs to start over and potentially delaying justice for years.
Protect Yourself by Taking Personal Responsibility
Take personal responsibility and exercise extreme caution when coming in contact with prescription opioids. If your doctor prescribes one of these drugs for you or a family member, ask about and seriously consider less addictive medications, appropriate therapies, and other ways to manage pain. If you do decide to try an opiate, stay in touch with your doctor to make sure the dose is appropriate, use the medication as prescribed, and discuss the safest way to discontinue use.
If you or a loved one has been a victim of the opioid epidemic in America and you wish to discuss the specifics of your case in a free consultation with an experienced personal injury lawyer, please contact us today.