State witness says drugmakers paid for positive opioid studies

Drugmakers paid researchers and funded studies that said opioids were effective for treating long-term pain and were rarely addicting, a witness testified Monday in a $50 billion false advertising bench trial in Orange County.

Testifying via Zoom, Dr. Anna Lembke of Stanford School of Medicine, a key witness for the state, said Endo Pharmaceuticals, which along with other drugmakers is accused of contributing to the state's opioid crisis, directly funded studies that downplayed the risk of the painkillers.

These studies, Lembke said, which were conducted by Endo researchers, stated opioids were effective in treating long-term pain. Lembke said the studies had used "weak or insufficient evidence" collected in 12 weeks and from a limited number of subjects. Endo sales representatives pointed to these studies when assuring prescribers of the effectiveness of its opioid products, Lembke said.

"I have reviewed thousands and thousands of documents, saturated with false and misleading messages," Lembke said. "They occur so often and with such consistency, that I am confident these are the same messages used to mislead prescribers."

On cross examination, Endo's attorney, Moez Kaba of Hueston Hennigan LLP, said it is standard practice for pharmaceutical companies seeking Food and Drug Administration approval, to fund a study inquiring into the effectiveness of their own products. He also said Endo studies clearly highlighted the fact they were compiled over a 12-week period and conducted by researchers paid by Endo.

The outcome of the bench trial before Superior Court Judge Peter Wilson in Santa Ana could provide a road map for thousands of settlements in lawsuits filed by states and municipalities that claim Purdue and other opioid producers fueled an opioid crisis by deceptively marketing their drugs and downplaying the risk of addiction.

Along with the Oakland city attorney's office, arguing for the people of California are the Santa Clara County counsel's office, Orange County district attorney's office and the Los Angeles County counsel's office. Their case in chief, mostly argued by Rhode Island plaintiffs' attorney Fidelma L. Fitzpatrick of Motley Rice LLC, is expected to wrap up this week.

The drugmakers are accused of violating the public nuisance, unfair competition, and false advertising laws by making statements to promote the use of opioids to treat chronic pain that omitted or concealed material facts, and by failing to correct prior misrepresentations and omissions about the risks and benefits of opioids.

The defendant companies are Teva Pharmaceuticals, Endo Pharmaceuticals Inc., Allergan PLC, and Johnson & Johnson subsidiary Janssen Pharmaceuticals Inc. Purdue, also a named defendant, is sitting out the civil trial pending its bankruptcy proceeding in New York.

With four individual defense teams, the people's case, which began over a month ago, has been slowed by a constant stream of objections, especially when the people attempt to admit documents into evidence. Wilson has repeatedly admonished the parties for wasting court time and failing to resolve grievances during the meet and confer period.

Last week, Fitzpatrick said the four drug companies have 45 potential witnesses on their list to call in the coming weeks. However, that list is expected to be trimmed.

The people seek $50 billion in funds to abate the opioid crisis in the plaintiff counties and city, according to attorneys involved in the suit. People v. Purdue Pharma et al., 14-00725287 (Orange Super. Ct., led May 21, 2014).