Oxycontin: Lawsuits and Legal Issues

Oxycontin is a brand name for the generic opioid painkiller oxycodone. The U.S. Food and Drug Administration (FDA) approved the drug in 1995. Purdue Pharma manufactures Oxycontin. Purdue was founded in 1892 and sold to members of the Sackler family in 1952.

Oxycontin maker Purdue Pharma released the drug in 1996. Drug makers claim that Oxycontin provides effective pain management for several conditions, including:

• Chronic pain related to injuries
• Arthritis
• Cancer
• Post-surgery recovery
• Fibromyalgia
• Rheumatoid arthritis
• Crohn’s disease

The manufacturer claims that Oxycontin provides pain relief for up to 12 hours. The drug was first celebrated as a wonder drug since it seemed to help patients suffering from chronic pain. But, Oxycontin has such a high potential for abuse that the FDA and DEA classifies it as a schedule II drug. 

Drug manufacturers have a legal responsibility to ensure their prescription drugs carry adequate warnings and are safe to use. Physicians also have a duty to prescribe these drugs responsibly. When either party fails in these responsibilities, the consequences can be devastating—and may lead to legal liability. If you or a loved one is struggling with an Oxycontin addiction, consider consulting a personal injury attorney near you.

How Oxycontin Works

Oxycontin, like other opioids, functions by changing the way the nervous system and brain respond to pain. Manufacturers often mix Oxycodone with other chemicals. For example, Percodan contains Oxycodone and aspirin. Percocet, on the other hand, contains Oxycodone and acetaminophen.

Unlike these other medications, Oxycontin is pure Oxycodone. It comes in strengths of five milligrams through 80 milligrams. There is a time-release option with a dosage timeline of every 12 hours. With other narcotic painkillers, such as Vicodin or Hydrocodone, the patient enjoys immediate release.

Oxycontin Side Effects

Even patients who take Oxycontin as prescribed may feel adverse side effects. Most opioid analgesics work the same way. The side effects of Oxycontin include:

• Dizziness
• Sedation
• Vomiting
• Headache
• Rash
• Itching
• Constipation
• Dry mouth
• Sweating
• Faintness
• Mood changes
• Depression
• Breathing problems
• Abnormal heartbeats
• Heart attack

Despite these side effects, some people who take Oxycontin develop an opiate addiction.

Is Addiction a Side Effect of Oxycontin?

Oxycontin has many side effects. The most severe side effect is risk of addiction. Studies show that patients can become addicted to the drug in five days. Plaintiffs in the Oxycontin litigation allege that its addictive nature poses a danger to many patients.

The problem for many plaintiffs and their doctors is that Purdue Pharma told them that addiction wouldn’t be an issue with this medication. Many people don’t think of addiction as being a side effect, but it is one of the bases upon which the FDA classifies the drug’s safety.

Opioid Abuse and Misuse of Oxycontin

Oxycontin requires a physician’s prescription. It’s illegal to share opiates with a friend or family member. The FDA advises that doctors should only prescribe Oxycontin for pain control in patients who can tolerate narcotic pain medication. It’s highly addictive and can result in opioid-related deaths for those who overuse it.

One of the side effects of the painkiller Oxycontin is a feeling of euphoria. This has contributed to Oxycontin’s popularity as a recreational drug. People who start taking the medication for medical use need more to avoid withdrawal symptoms.

People addicted to opioids find it challenging to stop using the drug. This often leads to doctor shopping to feed a patient’s drug addiction.

This misuse increases crimes such as pharmacy robberies, prescription forgeries, and other crimes associated with drug trafficking.

Physical Dependence and Addiction to Prescription Opioids

Oxycontin is highly addictive. People can get addicted after just five days. To feel the effects of the drug faster, some patients start snorting the drug instead of taking it orally as instructed.

Even patients who take controlled-release tablets can find ways to crush their pills and either snort them or take them intravenously. Using and sharing needles can lead to various diseases, including hepatitis.

For some people, the effects of opioids can be highly pleasurable. They will do anything to experience these effects more quickly and intensely. In addition, the body becomes tolerant and dependent on Oxycontin tablets rather quickly. This is one of the primary reasons there is so much drug abuse among back pain patients.

Symptoms of an Opiate Overdose

If your loved one is addicted to opioid drugs, you should know the signs of an opiate overdose. If you recognize the symptoms quickly enough, you may be able to reverse the overdose with a drug like Narcan (naloxone).

Some of the signs of an opiate overdose include:

• Pinpoint pupils
• Respiratory depression
• Unconsciousness
• Choking or making gurgling sounds
• Limp body
• Seem to nod off continuously
• Shallow breaths
• Pale, cold skin

Opioid addiction often leads to the use of opioids like fentanyl or heroin. Both of these illicit drugs are also highly addictive. Dealers often lace them with lethal chemicals.

If someone you love overdosed and died after taking tainted drugs, you may be able to sue the person who gave or sold them the drugs. If they died while taking prescription opioids, you may have a legal claim against the drug manufacturer under product liability.

The Drug Manufacturer Owes a Duty to Consumers

Regardless of side effects, all products, including prescription painkillers, must be safe for consumers or the manufacturer could face liability. Purdue Pharma should have warned consumers of potential risks associated with Oxycontin. Since Purdue didn’t honor this duty, the courts can hold them liable for damages.

The plaintiffs who sued the maker of Oxycontin insisted that the drug manufacturer was responsible for the drug’s side effects, especially its addictive nature. To recover damages, the plaintiffs’ attorneys proved that the drug company’s actions hurt their clients.

Questions the courts must address in such cases include the following:

• Did the drug company mislead the public about the drug and its risks?
• Did certain supposed risks present themselves, but the company still failed to disclose the potential danger?
• Did the drug manufacturer warn healthcare providers about their product’s addictive nature?

The answer to these questions helps determine whether you have a good chance to recover damages.

Critics Argue Oxycontin Hurts Patients and Communities

The medical community first applauded Oxycontin as a breakthrough drug. But in recent years, the drug has been at the center of the opioid addiction epidemic plaguing America. It has also spawned thousands of prescription opioid and unprescribed opioid lawsuits related to addiction.

It is easy to blame Oxycontin users for their addiction. After all, many patients abuse their prescribed medication and find themselves addicted. Others become addicted after buying the drug through illegal channels. This is common for patients whose doctors refused to prescribe them the medication after months or years of use. How can a drug manufacturer be responsible for something like this?

The problem is that Oxycontin and other opiates like oxycodone, fentanyl, and Vicodin are so addictive it is difficult for patients to stop taking them. Even in cases where a doctor attempts to wean their patients off the drug, addiction is still an issue.

These actions would not be enough to hold pharmaceutical companies liable. However, in this case plaintiffs argued that the drugmakers knew the drug was addictive and failed to warn patients and doctors of this risk. The drug company stated that the drug wasn’t addictive.

Individual patients who became addicted to Oxycontin can file suit. So can family members who lost their loved ones to addiction or overdose deaths. Additionally, some counties, cities, local governments, attorneys general, and states have filed Oxycontin lawsuits. These claims allege the opioid epidemic caused economic hardships. As Reuters reported, many such cases have resulted in opioid settlements.

Oxycontin Manufacturer Liability

Because of the highly addictive nature of the drug and the severe side effects, government agencies regulate the distribution of Oxycontin. The FDA requires that drug companies warn consumers about the dangers and risks of the drug.

Based on assurances from pharmaceutical manufacturers, healthcare practitioners prescribe Oxycontin for pain relief at high rates. This leads to more opioid overdoses, substance abuse, and deaths.

This is the basis for lawsuits against companies like Purdue Pharma L.P. It is also one of the reasons for the public health crisis.

Origin of Oxycontin Lawsuits

The first signs of trouble with Oxycontin arose during the early 2000s. During that time, opioid overdoses and deaths began to increase dramatically. In response, Purdue Pharma changed Oxycontin’s label by adding stronger warnings about the possibility of misuse and abuse of the drug. By then, the FDA had already issued a warning letter to Purdue Pharma for using misleading advertising statements.

When Oxycontin was a relatively new drug, physicians were reluctant to prescribe it to their patients. Claims in some Oxycontin lawsuits allege that Purdue Pharma gave the healthcare community assurances through a strong marketing campaign that Oxycontin patients were not likely to become addicted.

After they saw these advertisements, prescribers increased the amount of Oxycontin prescriptions they issued. Some allegations plaintiffs made against Purdue Pharma include:

• They downplayed the drug’s risks.
• They overstated the benefits of opioids for treating chronic rather than short-term pain.
• They contributed to the opioid crisis by encouraging prescriptions of Oxycontin through aggressive marketing tactics.

In some cases, plaintiffs have named physicians who have incorrectly or overly prescribed Oxycontin in their complaints. Doctors are only supposed to prescribe drugs in approved doses and quantities. They are only allowed to prescribe a medication like Oxycontin for certain medical conditions.

Damages in Oxycontin Lawsuits

People file lawsuits against Purdue Pharma to seek compensation for their losses. Some of the damages plaintiffs demand include:

• Pain and suffering
• Loss of income due to missed work, withdrawal symptoms, or time in a treatment center
• Lost future income
• Treatment costs, including rehabilitation costs
• Funeral and burial costs
• Medical bills
• Future medical expenses
• Emotional distress

In May 2023, a federal appeals court approved a plan that would shield the Sackler family from future lawsuits related to the opioid epidemic. The plan would allow Purdue to enter bankruptcy and begin settling thousands of lawsuits filed by states, hospitals, people who had become addicted, and others. Purdue’s owners would receive immunity for their role in the opioid crisis in exchange for a multi-billion dollar settlement.

The U.S. Supreme Court paused bankruptcy proceedings concerning Purdue and its affiliates. The Court will held oral arguments in December 2023 in the appeal of the lower court’s ruling approving the plan. The ruling upheld the settlement that would shield the members of the Sackler Family from opioid-related lawsuits.

Hold the Pharmaceutical Industry Accountable: Get Legal Help With Your Oxycontin Claim

Opioid addiction and the opioid epidemic have taken a toll on the American public. If you or a loved one became addicted to Oxycontin and suffered a loss, consider talking to an experienced attorney.

You may have a claim against:

• The drug manufacturer
• Your healthcare providers
• The pharmacies that filled your prescriptions

Putting the expertise of a skilled attorney to work for you can help achieve justice and compensation.

FindLaw’s directory of product liability lawyers can get you started. Select your city or state to find trusted legal advisors in your area. Your search results will also link you to additional details about the attorneys’ experience taking legal action against opioid manufacturers. Many attorneys offer free case evaluations.