corporations fed opioid epidemic, court filings say...2019/07/21  · sunday july212019 nation &...

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SUNDAY JULY 21 2019 11A Nation & World KENTUCKY.COM modest working class family, I watched my parents work hard to provide a better life for us. When preparing for company to visit, us kids would always do 5 things instilled as necessary: iron the tablecloth, wash the car, mow the lawn, set the table, and wash the windows. Even at a young age, I learned the pride involved in clean windows. Dazzling Clean Glass Window cleaning involves application of special surfactants to gently dissolve dirt, dust, cobwebs, and other debris on window surfaces. Glass is then cleaned by hand yielding superior results vs poles, pressure washing or other inferior techniques. Home Soft Wash Utilizing a low-pressure method to safely and effectively remove mold, mildew, pollen, algae, and surface dirt that may be growing on your home. 100% landscaping safe. Roof Wash Soſt wash roof cleaning uses high-quality detergents and surfactants to dissolve dirt and debris, and less water pressure to rinse away that waste, so that roofing shingles don’t get dislodged or otherwise damaged. Enhances image and prolongs lifespan of your roof. Gutter Cleanout Removes gutter contents keeping them free flowing helping to prevent ice dams and foundation damage. Debris bagged and removed. Gutter Faces Wiping gutter faces to remove mold, mildew, pollen, algae, and surface dirt. Wash Decks, Concrete, Pavers, Patio Furniture, and More We can improve the look of virtually any exterior surface you have outdoors. YOUR BENEFITS OF A HOME CLEANING CRAFTSMAN: SIMPLE WAY TO ENJOY CLEAN WINDOWS AND HOME EXTERIORS: mydrwindows.com 502-777-7779 Serving Central Kentucky Visit our website: mydrwindows.com Click on “Request a free quote” or – you can always call It’s fast, free, easy, and zero obligation. You’ll have your detailed quote within 24 hours, often faster . • Partners do the work, not employees. • You pay for results, not offices, royalties, etc. • Insured • Ability to schedule multiple projects with one call • Uncommonly fast & easy quotes, scheduling INTRODUCING BaptistHealthMedicalGroup.com Appointments: 859.278.0319 Arvind Bansal, MD 166 Pasadena Drive, Suite 100, Lexington, KY 40503 PULMONARY & CRITICAL CARE MEDICINE Arvind Bansal, MD, earned a medical degree in India before completing a master’s degree in toxicology at the University of Kentucky. He completed an internal medicine residency at Providence Hospital in Washington, DC, a geriatric medicine fellowship at Virginia Commonwealth University Health System, and a pulmonary and critical care medicine fellowship at the Medical College of Georgia. Dr. Bansal is board certified in pulmonary medicine, critical care medicine, sleep medicine and internal medicine and is a member of the American College of Chest Physicians, the Society of Critical Care Medicine, and the American Academy of Sleep Medicine. Dr. Bansal is now accepting new patients. The Walgreens em- ployee was bewildered by the quantity of opioids the company was ship- ping to just one store. Its pharmacy in Port Richey, Florida (population 2,831) was ordering 3,271 bottles of oxycodone a month. “I don’t know how they can even house this many bottles to be hon- est,” Barbara Martin, whose job was to review suspicious drug orders, wrote to a colleague in a January 2011 email. The next month, the compa- ny shipped another out- sized order to the same store. The email was among thousands of documents from corporations across the pharmaceutical and retail industries – in- ternal memos, deposi- tions, sales and shipping reports, experts’ analys- es, and other confidential information – filed Friday in U.S. court in Cleve- land by lawyers for cities, towns and counties dev- astated by addiction. They lay out a detailed case of how diverse cor- porate interests – far beyond the familiar play- ers like Purdue Pharma – fed a deadly opioid epi- demic that persisted for nearly two decades. Little-known manu- facturers of generic pills, superstores like Walmart and chain retailers like Rite Aid also flooded the country with billions of pills, according to the filings. The devastation was so extreme that one Ohio county resorted to a mobile morgue to handle all the corpses of people who died from over- doses. As the epidemic crest- ed, the suppliers with the greatest sales were not the branded manufactur- ers but those who made generic prescription drugs. Between 2003 and 2011, lawyers for the plaintiffs said in one filing, Mallinckrodt, the Ireland-based manu- facturer of generic and branded drugs, sold 53 million orders of opioids. Yet the company stopped and then reported to federal authorities at most 33 orders as suspi- cious, a ratio the lawyers described as defying credibility. The filings represent a signature moment in the run-up to the first trial of nearly 2,000 cases brought by cities and counties nationwide, consolidated in an Ohio federal court. They are seeking billions of dollars in compensation from the corporations impli- cated in the opioid epi- demic. Both sides have largely finished gathering evi- dence, and Friday’s fil- ings attempt to solidify major claims for the first trial, which is scheduled to begin in October. Stemming from a lawsuit brought by Cuyahoga and Summit counties in Ohio, it is intended as a litmus test for the re- maining cases. Judge Dan Aaron Polster of U.S. District Court of Northern Ohio hopes that the shadow of the trial will goad the sides to reach a national settle- ment that could award money to cities, towns and counties across the country, and foreclose further opioid lawsuits. With Friday’s briefs, the plaintiffs want the judge to rule that for years, defendants ig- nored and violated laws that required them to monitor and report suspi- cious orders. They also argue that defendants created a “public nui- sance”– a continuing crisis that affects the far reaches of public health, including neonatal in- tensive care, foster care, emergency services, detox and rehabilitation programs and the crimi- nal justice system. The pharmaceutical industry also filed briefs Friday. Many submis- sions, including exhibits, were limited, heavily redacted or outright sealed. Manufacturers of ge- neric drugs argued that they do not market their opioids, nor should they be penalized for selling versions of prescriptions approved by the Food and Drug Administra- tion. The pharmacy chains argued that the plaintiffs offered no proof that opioids they distributed only to their own stores had been illegally diverted. And they said that many plaintiffs’ claims were invalid because statutes of limitations had run out. But the plaintiffs off- ered up a less benign view of how opioids flew through the pharmacies. When patients of Dr. Adolph Harper, a gyne- cologist, needed to buy opioids, they often seemed to show up at Rite Aid stores near his office in Akron, Ohio. His clinic prescribed hundreds of thousands of the painkillers, such as OxyContin, Roxicet, Percocet and Opana. He continued to do so even though at least eight patients overdosed and died, the Justice Depart- ment has previously said. Harper was arrested and sentenced to 10 years in jail. But despite all the opioid prescriptions pouring in from Harper, the company did not identify any suspicious orders coming from Harper’s clinic, the plain- tiffs said. Instead, Rite Aid increased its orders to meet the surge in demand from the clinic. For years, long after the opioid crisis began, the giant pharmacy chains, including Wal- greens and CVS, and Walmart did almost nothing to fulfill their legal duty to monitor suspicious orders, the plaintiffs’ lawyers claim. While they were sup- posed to block such or- ders and alert the Drug Enforcement Adminis- tration, they did so rare- ly. One official at Wal- greens tasked with mon- itoring such orders said his department was “not equipped” for that work. The company created lists of suspicious orders that ran thousands of pages, but then shipped them without further review. Asked for a response, Walgreens issued a state- ment saying it “has not distributed prescription controlled substances since 2014 and before that time only distributed to our chain of pharma- cies.” The company called itself “an industry leader in combating this crisis.” An official at CVS who was listed as the compa- ny’s DEA compliance coordinator admitted that it was not her real job, the plaintiffs’ filing said. Much of the compa- ny’s compliance was relegated to “pickers and packers” – the warehouse workers at distribution centers who appeared to have no formal training in monitoring and rarely held up orders. In the company’s Indianapolis distribution center, ap- proximately two orders were flagged each year from 2006 to 2014. Before 2011, Walmart had no discernible sys- tem to monitor suspi- cious orders, the plain- tiffs contended. The company said it relied on its hourly employees, which the plaintiffs called a “farcical” claim with no evidence of training or policy in place. Corporations fed opioid epidemic, court filings say BY JAN HOFFMAN, KATIE THOMAS AND DANNY HAKIM New York Times KEITH SRAKOCIC AP Thousands of documents filed Friday in U.S. court in Cleveland lay out a detailed case of how diverse corporate interests fed a deadly opioid epidemic.

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Page 1: Corporations fed opioid epidemic, court filings say...2019/07/21  · SUNDAY JULY212019 Nation & World 11A KENTUCKY.COM modestworkingclassfamily,Iwatchedmyparentswork hardtoprovideabetterlifeforus.Whenpreparingfor

SUNDAY JULY 21 2019 11ANation & WorldKENTUCKY.COM

modest working class family, I watched my parents work

hard to provide a better life for us. When preparing for

company to visit, us kids would always do 5 things

instilled as necessary: iron the tablecloth, wash the car,

mow the lawn, set the table, and wash the windows. Even at a

young age, I learned the pride involved in clean windows.

Dazzling Clean GlassWindow cleaning involves application of special

surfactants to gently dissolve dirt, dust, cobwebs,

and other debris on window surfaces. Glass is then

cleaned by hand yielding superior results vs poles,

pressure washing or other inferior techniques.

Home Soft WashUtilizing a low-pressure method to safely and

effectively remove mold, mildew, pollen, algae, and

surface dirt that may be growing on your home.

100% landscaping safe.

Roof WashSoft wash roof cleaning uses high-quality

detergents and surfactants to dissolve dirt and

debris, and less water pressure to rinse away that

waste, so that roofing shingles don’t get dislodged

or otherwise damaged. Enhances image and

prolongs lifespan of your roof.

Gutter CleanoutRemoves gutter contents keeping them free

flowing helping to prevent ice dams and foundation

damage. Debris bagged and removed.

Gutter FacesWiping gutter faces to remove mold, mildew, pollen,

algae, and surface dirt.

Wash Decks, Concrete, Pavers,

Patio Furniture, and MoreWe can improve the look of virtually any exterior

surface you have outdoors.

YOUR BENEFITS OF

A HOME CLEANING

CRAFTSMAN:

SIMPLE WAY TO

ENJOY CLEAN

WINDOWS AND

HOME EXTERIORS:

mydrwindows.com502-777-7779Serving Central Kentucky

Visit our website: mydrwindows.com

Click on “Request a free quote”

or – you can always call It’s fast, free,

easy, and zero obligation.

You’ll have your detailed quote

within 24 hours, often faster .

• Partners do the work,

not employees.

• You pay for results, not offices,

royalties, etc.

• Insured

• Ability to schedule multiple projects

with one call

• Uncommonly fast & easy quotes,

scheduling

INTRODUCING

BaptistHealthMedicalGroup.com

Appointments: 859.278.0319

Arvind Bansal, MD

166 Pasadena Drive, Suite 100, Lexington, KY 40503

PULMONARY&CRITICAL CAREMEDICINE

Arvind Bansal, MD, earned a medical

degree in India before completing a

master’s degree in toxicology at the

University of Kentucky. He completed

an internal medicine residency at

Providence Hospital in Washington, DC,

a geriatric medicine fellowship at Virginia

Commonwealth University Health

System, and a pulmonary and critical

care medicine fellowship at the

Medical College of Georgia.

Dr. Bansal is board certified

in pulmonary medicine,

critical care medicine, sleep

medicine and internal

medicine and is a member

of the American College

of Chest Physicians,

the Society of Critical

Care Medicine, and the

American Academy of

Sleep Medicine. Dr.

Bansal is now accepting

new patients.

The Walgreens em-ployee was bewilderedby the quantity of opioidsthe company was ship-ping to just one store. Itspharmacy in Port Richey,Florida (population2,831) was ordering 3,271bottles of oxycodone amonth.“I don’t know how

they can even house thismany bottles to be hon-est,” Barbara Martin,whose job was to reviewsuspicious drug orders,wrote to a colleague in aJanuary 2011 email. Thenext month, the compa-ny shipped another out-sized order to the samestore.The email was among

thousands of documentsfrom corporations acrossthe pharmaceutical andretail industries – in-ternal memos, deposi-tions, sales and shippingreports, experts’ analys-es, and other confidentialinformation – filed Fridayin U.S. court in Cleve-land by lawyers for cities,towns and counties dev-astated by addiction.They lay out a detailedcase of how diverse cor-porate interests – farbeyond the familiar play-ers like Purdue Pharma –fed a deadly opioid epi-demic that persisted fornearly two decades.Little-known manu-

facturers of generic pills,superstores like Walmartand chain retailers likeRite Aid also flooded thecountry with billions ofpills, according to the

filings. The devastationwas so extreme that oneOhio county resorted to amobile morgue to handleall the corpses of peoplewho died from over-doses.As the epidemic crest-

ed, the suppliers with thegreatest sales were notthe branded manufactur-ers but those who madegeneric prescriptiondrugs. Between 2003and 2011, lawyers for theplaintiffs said in onefiling, Mallinckrodt, theIreland-based manu-facturer of generic andbranded drugs, sold 53million orders of opioids.Yet the company stoppedand then reported tofederal authorities atmost 33 orders as suspi-cious, a ratio the lawyersdescribed as defyingcredibility.The filings represent a

signature moment in therun-up to the first trial ofnearly 2,000 casesbrought by cities andcounties nationwide,consolidated in an Ohiofederal court. They areseeking billions of dollarsin compensation fromthe corporations impli-cated in the opioid epi-demic.Both sides have largely

finished gathering evi-dence, and Friday’s fil-ings attempt to solidifymajor claims for the firsttrial, which is scheduledto begin in October.Stemming from a lawsuitbrought by Cuyahogaand Summit counties inOhio, it is intended as alitmus test for the re-maining cases. JudgeDan Aaron Polster ofU.S. District Court ofNorthern Ohio hopesthat the shadow of the

trial will goad the sidesto reach a national settle-ment that could awardmoney to cities, townsand counties across thecountry, and foreclosefurther opioid lawsuits.With Friday’s briefs,

the plaintiffs want thejudge to rule that foryears, defendants ig-nored and violated lawsthat required them tomonitor and report suspi-cious orders. They alsoargue that defendantscreated a “public nui-sance”– a continuingcrisis that affects the farreaches of public health,including neonatal in-tensive care, foster care,emergency services,detox and rehabilitationprograms and the crimi-nal justice system.The pharmaceutical

industry also filed briefsFriday. Many submis-

sions, including exhibits,were limited, heavilyredacted or outrightsealed.Manufacturers of ge-

neric drugs argued thatthey do not market theiropioids, nor should theybe penalized for sellingversions of prescriptionsapproved by the Foodand Drug Administra-tion. The pharmacychains argued that theplaintiffs offered noproof that opioids theydistributed only to theirown stores had beenillegally diverted. Andthey said that manyplaintiffs’ claims wereinvalid because statutesof limitations had runout.But the plaintiffs off-

ered up a less benignview of how opioids flewthrough the pharmacies.When patients of Dr.

Adolph Harper, a gyne-cologist, needed to buyopioids, they oftenseemed to show up atRite Aid stores near hisoffice in Akron, Ohio.His clinic prescribedhundreds of thousands ofthe painkillers, such asOxyContin, Roxicet,Percocet and Opana. Hecontinued to do so eventhough at least eightpatients overdosed anddied, the Justice Depart-ment has previously said.Harper was arrested andsentenced to 10 years injail.But despite all the

opioid prescriptionspouring in from Harper,the company did notidentify any suspiciousorders coming fromHarper’s clinic, the plain-tiffs said. Instead, RiteAid increased its ordersto meet the surge indemand from the clinic.For years, long after

the opioid crisis began,the giant pharmacychains, including Wal-greens and CVS, andWalmart did almost

nothing to fulfill theirlegal duty to monitorsuspicious orders, theplaintiffs’ lawyers claim.While they were sup-posed to block such or-ders and alert the DrugEnforcement Adminis-tration, they did so rare-ly.One official at Wal-

greens tasked with mon-itoring such orders saidhis department was “notequipped” for that work.The company createdlists of suspicious ordersthat ran thousands ofpages, but then shippedthem without furtherreview.Asked for a response,

Walgreens issued a state-ment saying it “has notdistributed prescriptioncontrolled substancessince 2014 and beforethat time only distributedto our chain of pharma-cies.” The companycalled itself “an industryleader in combating thiscrisis.”An official at CVS who

was listed as the compa-ny’s DEA compliancecoordinator admittedthat it was not her realjob, the plaintiffs’ filingsaid. Much of the compa-ny’s compliance wasrelegated to “pickers andpackers” – the warehouseworkers at distributioncenters who appeared tohave no formal trainingin monitoring and rarelyheld up orders. In thecompany’s Indianapolisdistribution center, ap-proximately two orderswere flagged each yearfrom 2006 to 2014.Before 2011, Walmart

had no discernible sys-tem to monitor suspi-cious orders, the plain-tiffs contended. Thecompany said it relied onits hourly employees,which the plaintiffscalled a “farcical” claimwith no evidence oftraining or policy inplace.

Corporations fed opioidepidemic, court filings sayBY JAN HOFFMAN,KATIE THOMASAND DANNY HAKIMNew York Times

KEITH SRAKOCIC AP

Thousands of documents filed Friday in U.S. court in Cleveland lay out a detailedcase of how diverse corporate interests fed a deadly opioid epidemic.