San Francisco joins suit against drugmakers over opioid epidemic

San Francisco joined a host of cities, counties and states in suing major opioid manufacturers and distributors, alleging they have contributed to a nationwide prescription drug epidemic, which the producers deny.

City Attorney Dennis Herrera accused the defendants Tuesday of misleading the public concerning the dangers of opioid addiction and efficacy while turning a blind eye to the issue by failing to track and report suspicious sales as required by state and federal law.

"We vigorously deny the city's allegations," Robert Josephson, spokesman for named defendant Purdue Pharma, said in an emailed statement. "The city claims Purdue acted improperly by communicating with prescribers about scientific and medical information that FDA has expressly considered and continues to approve. We believe it is inappropriate for the city to substitute its judgment for the judgment of the regulatory, scientific and medical experts at FDA. We look forward to the opportunity to present our substantial defenses."

Herrera alleged in a statement, "These companies and the people who own them put their greed ahead of human lives."

However, a spokeswoman for one of the other defendants rejected that. "This complicated, multi-faceted public health crisis must be addressed through a comprehensive and collaborative approach," said April Marks, speaking for McKesson Corporation. "We are committed to engaging with all who share our dedication to acting with urgency to address this epidemic and working together to end this national crisis."

The suit was filed in San Francisco federal court and is expected to be consolidated with some 1,500 suits in the Northern District of Ohio. City and County of San Francisco v. Purdue Pharma LP, 18-CV07591 (N.D. Cal., filed Dec. 18, 2018).

The complaint alleged the industry used deceptive marketing and distribution tactics that have led to inflated medical care, law enforcement and infrastructure repair costs, among other damages.

More than 318,000 opioid prescriptions were written in San Francisco in 2017, according to the complaint.

Aelish Baig of Robbins Geller Rudman & Dowd LLP, who is assisting the city attorney's office and has been involved in the multidistrict litigation, said approximately 331 people have died from accidental overdoses caused by opioids from 2010 to 2012.

A 2018 study from nonprofit health systems consultant Altarum estimated that the opioid epidemic has cost $1 trillion nationwide from 2001 to 2017 and that costs are expected to rise another $500 million by 2020.

Herrera alleged public nuisance, unfair competition and negligence, among other claims, and is seeking triple the amount of damages, if any are found by the court.

U.S. District Judge Dan Aaron Polster of the Northern District of Ohio, who is overseeing the consolidated litigation, ruled Wednesday that all claims, including allegations of racketeering and fraud, can proceed to trial. In re National Prescription Opiate Litigation, 17-MD2804 (N.D. Ohio, filed Dec. 12, 2017).

"Plaintiffs allege that defendants have contributed to the addiction of millions of Americans to these prescription opioids and to the foreseeable result that many of those addicted would turn to street drugs," Polster wrote. "While these allegations do not fit neatly into the legal theories chosen by plaintiffs, they fit nevertheless."

Polster chose bellwether cases from Ohio and Florida because they are among the states most devastated by the epidemic, according to Baig.

She added that there is a gag order on settlement discussions but that "Polster is very focused on trying to abate this epidemic at a local level."

The first of the federal cases have been set for trial in September 2019.

A separate lawsuit against drugmakers by several California counties and cities pending in Orange County Superior Court is scheduled for trial in June 2019. People v. Purdue Pharma (Orange Super. Ct., filed May 21, 2014).

In the federal case, plaintiffs' attorneys have been deposing manufacturers, distributors and retail pharmacies in the narrow window for discovery, which is slated to wrap up by Jan. 25, according to Mark Crawford of Skikos Crawford Skikos Joseph & Millican.