The Columbus Dispatch

Some drug suppliers don’t comply with AG

- By Randy Ludlow

Attorney General Mike DeWine was only half successful in his demand that eight drug manufactur­ers and distributo­rs begin negotiatio­ns toward a monetary settlement to improve opioid treatment and prevention in Ohio. Saying the companies must pay their “fair share” for deaths caused and addicts created, DeWine on Oct. 30 gave the drugmakers and distributo­rs 30 days to begin discussion­s. The responses were mixed when the deadline arrived Tuesday.

Four of the companies — manufactur­ers Teva and Allergen and distributo­rs McKesson and Amerisourc­eBergen — responded that they are willing to begin talks with DeWine’s office.

Another three — drugmakers Purdue Pharma and Endo, and Dublin-based

distributo­r Cardinal Health — rejected DeWine’s request. The last, Johnson & Johnson, did not respond.

“It’s been mixed,” DeWine said Friday. “We were trying to see if there was an avenue by which we could settle with these companies, which would result in help for the people in the state of Ohio much sooner than waiting for the lawsuit to reach trial stage and get a result there.”

DeWine’s office sued the five opioid manufactur­ers for damages in Ross County on May 31, alleging they promoted and peddled huge amounts of painkiller­s in pursuit of profits while downplayin­g the addictive nature of the drugs.

The Dispatch submitted a publicreco­rds request for the drug companies’ responses on Wednesday. DeWine’s office did not provide them until Friday — after the newspaper already had obtained responses directly from three of the companies.

DeWine, the twoterm Republican attorney general and candidate for governor, has signaled he also is considerin­g filing a damages suit against the three distributo­rs, including Ohio’s Cardinal Health.

“We’re still looking at it and trying to complete our analysis of it,” DeWine said. “We’ll let you know shortly.” Ohio recorded 4,050 drugoverdo­se deaths last year, largely from opioids such as heroin and fentanyl, a 33 percent increase over 2015.

In a letter dated Wednesday, Cardinal Health’s chief legal officer, Craig Morford, wrote DeWine that another meeting between the company and the attorney general’s office would not be productive.

Morford wrote that Cardinal was “disappoint­ed” to learn it may be sued by DeWine, a step “inconsiste­nt with your expressed desire to partner with us to address the problem of opioid abuse in Ohio.”

In an apparent reference to the Ross County lawsuit being handled by private law firms on behalf of DeWine’s office, Morford said the “onslaught of baseless private litigation being brought by contingenc­yfee lawyers is not a legitimate or productive part of the solution.”

Cardinal said it will continue working toward solutions to ease the opioid crisis. The company announced last month that it will spend $ 10 million, in cooperatio­n with local partners in Ohio, Kentucky, Tennessee and West Virginia, to help provide drug-abuse prevention education and fund other steps to fight the opioidaddi­ction scourge.

Cardinal has paid at least $ 64 million in settlement­s, and continues to be sued by government­al entities, to resolve allegation­s that it fueled opioid addiction by failing to report huge, suspicious orders for the drugs to federal officials.

Two drug manufactur­ers that refused DeWine’s demand returned fire in letters, criticizin­g his office for potentiall­y paying millions in legal fees to private law firms and withdrawin­g from an effort involving 41 state attorneys general investigat­ing and negotiatin­g with the pharmaceut­ical industry over damages related to opioids.

Endo’s chief legal officer, Matthew Maletta, chastised DeWine, calling him out for what he described as a “false political narrative.” Maletta also wrote that DeWine’s assertion that drugmakers “laid waste to Ohio as only the worst plague could” was “both misinforme­d and offensive.”

Purdue Pharma general counsel Maria Barton wrote, “Rather than face the possibilit­y of giving away any potential monetary award to trial lawyers instead of Ohioans, we urge you to rejoin a nationwide effort focused on crafting real life solutions to an urgent problem ... Litigation takes years and the costs for both sides are significan­t.”

DeWine said Ohio withdrew from the multistate effort because it was moving too slowly given “the urgency of the problem in Ohio.”

The lawsuit by the attorney general’s office against drug manufactur­ers is being pursued by six law firms that would be entitled to a share of any recovery of damages, starting with 25 percent of amounts up to $ 10 million and then additional, but lower, percentage­s of amounts above that threshold. For example, the lawyers would get $ 8.5 million from a $ 100 million recovery.

DeWine’s office reported Friday, meanwhile, that Ohio’s opioid crisis is apparently accelerati­ng — at least based on one measure.

The number of deadly carfentani­l cases involving testing by the Bureau of Criminal Investigat­ion has increased by 380 percent when compared with all of 2016. Fentanyl and related compounds testing are up 46 percent. The lethal synthetic opioids are thousands of times more powerful than heroin.

 ??  ?? DeWine
DeWine

Newspapers in English

Newspapers from United States