Doctors, medical organizations, government health authorities, and patients nationwide have dealt with the fallout of opioid drugs. These prescription painkillers are highly addictive. They impact not only thousands of patients, but also the healthcare system, as well.

Many state and local governments have responded. The city of Chicago and two California counties, for example, have filed lawsuits against companies selling prescription opioid drugs. These suits contend that manufacturers engaged in deceptive marketing campaigns to boost opioid drug sales and increase profit margins, and they are covered in greater detail below.

The Opioid Crisis

The "opioid crisis" has become a major health topic. Prescription opioid drugs are strong painkillers. They are known to be highly addictive. Doctors began using morphine on a wide scale during the 1800s, and its use spiked during and after the Civil War. Around that time, morphine addiction became a well-recognized health problem. Since then, medical professionals have sparingly used opium-based painkillers.

However, opioid drug prescriptions have recently spiked. Before the 1990s, these painkillers were mostly used for treating patients with severe health problems. Since these patients were often diagnosed with cancer or end-of-life conditions, there was a low risk of addiction and abuse. But prescribing practices changed. Drug companies began aggressive marketing campaigns designed to promote opioid drugs among doctors and patients. These campaigns succeeded. Since 1990, prescriptions for opioid painkillers have increased ten times over.

The rise in opioid prescriptions has had severe public health consequences. The misuse and abuse of opioid drugs contributes to a rising number of emergency room visits. Many patients have become addicted and require substance abuse treatment, while the number of deaths from prescription opioid overdoses has skyrocketed. In 2020, the National Institutes of Health (NIH) tallied the death toll from prescription opioid drug overdoses at 16,416. In the same year, according to the Centers for Disease Control and Prevention (CDC), these drugs were involved in nearly 18% of all opioid-related overdoses.

State and local governments have borne much of the burden during this crisis. Government agencies pay for emergency room visits and administer substance abuse programs. Government health care also covers millions of people who take prescription drugs. The rise in opioid use impacts these agencies and costs taxpayers millions of dollars each year.

A Response: Governments Sue the Drug Companies

Some local governments have taken legal action against the drug companies. In May 2014, two California counties filed a consumer protection lawsuit against five drug companies. The initial civil complaint contends that Purdue Pharma, Cephalon, Johnson & Johnson, Endo Health Solutions, Actavis, and other companies engaged in deceptive marketing practices. They allege that the companies misrepresented the safety of their products in order to boost sales and increase profit margins. The city of Chicago has filed a similar lawsuit.

In these two cases, California and the city of Chicago contend that various drug companies overstated the benefits of opioid drugs while understating the risks. They claim that drug companies violated state consumer protection laws against deceptive marketing. The lawsuits claim such deceptive marketing practices prevented doctors and patients from making informed healthcare decisions. Both lawsuits seek a court order preventing the companies from inaccurately advertising their drugs. They also request restitution for the costs imposed on taxpayers.

Potential Impact on Patients and Consumers

These lawsuits could impact patients nationwide. If courts determine that drug companies engaged in deceptive marketing practices, then patients who file product liability lawsuits may have an easier time. Attorneys who work on product liability lawsuits often make similar arguments to those made in the California and Chicago cases.

Product liability law holds manufacturers responsible for patient injuries when those companies fail to warn the public about a drug's risks. It's because of this requirement that drug commercials and advertisements carry a long list of potential side effects. While sometimes tedious, these warnings exist to inform patients and prospective customers. Doctors and patients need reliable information about a drug's risks and benefits in order to make sound medical decisions. Deceptive marketing campaigns or drug warnings that do not provide this information put patients at risk.

Patients who are injured by a dangerous or defective product have rights. A product liability lawsuit can recover compensation from the manufacturer responsible for the product or other parties in the chain of commerce who fail to warn doctors or patients in a required fashion. Such compensation can cover medical bills, lost income from time off work, pain and suffering, and other damages related to the injury.

Are You a Victim of the Prescription Drug Opioid Crisis?

If you have struggled as a result of prescription opioid drug addiction, consider speaking with a qualified personal injury attorney. If you feel that you have been the victim of drug companies' deceptive marketing practices or that you have fallen prey to any other offenses on the part of such companies, it's helpful to seek legal advice. An attorney may be able to help you seek the restitution necessary for putting your life back on track.