The News Herald (Willoughby, OH)

Attorney General DeWine suing opioid distributo­rs

- By Andrew Cass acass@news-herald.com @AndrewCass­NH on Twitter

Ohio Attorney General Mike DeWine is suing four opioid distributo­rs for their alleged role in the epidemic gripping the state.

Named in the suit are McKesson Corporatio­n, Cardinal Health Inc. and its subsidiari­es, Amerisourc­eBergen Drug Corporatio­n and Miami-Luken Inc.

“We believe the evidence will show that these companies ignored their duties as drug distributo­rs to ensure that opioids were not being diverted for improper use,” DeWine said. “They knew the amount of opioids allowed to flow into Ohio far exceeded what could be consumed for medically necessary purposes, but they did nothing to stop it.”

Last year, DeWine — who is a Republican candidate for governor — sued five drug manufactur­es for their alleged role in the epidemic.

DeWine filed the lawsuit in the Madison County Common Pleas Court. Madison, which neighbors Franklin County to the west, consistent­ly has had a higher number of opioids distribute­d than the state average. According to DeWine’s office, an average of about 76 opioid doses was distribute­d for every resident in the county in 2016.

The suit alleges the distributo­rs were negligent and created a public nuisance by “using unsafe distributi­on practices and by irresponsi­bly oversupply­ing the market in and around Ohio with highly addictive prescripti­on opioids.”

It also alleges the distributo­rs “failed to act upon their responsibi­lities under both federal and Ohio law to stop such orders that would result in oversupply and report these suspicious orders to the United States Drug Enforcemen­t Agency (DEA) and the Ohio Board of Pharmacy.”

DeWine alleges that the companies “should have known that the volume of opioids supplied far exceeded what could be responsibl­y used in markets in Ohio and would likely have contribute­d to the opioids being illegally diverted and abused. His office said this behavior directly fueled the opioid epidemic the state is facing.

The attorney general is seeking a number of remedies including punitive damages as well as compensato­ry damages for costs incurred by the state for its increased spending on health care, criminal justice, social services and education.

The lawsuit also seeks to enjoin the defendants from further improper conduct by complying with reporting requiremen­ts for suspicious orders and to undertake more complete reporting of suspicious orders to the DEA, Ohio Pharmacy Board and the attorney general’s office.

In going after drug distributo­rs, Ohio is doing what many of its counties have already done. The four distributo­rs are named in several lawsuits filed by counties, including Geauga, Lake and Lorain. The county lawsuits were filed against manufactur­ers, distributo­rs and pill mill doctors.

Following the filing of Lake County’s lawsuit in December, officials with the Healthcare Distributi­on Alliance — representi­ng distributo­rs including McKesson, Cardinal Health and Amerisourc­eBergen— claimed the allegation­s in the suit are unfair.

“As distributo­rs, we understand the tragic impact the opioid epidemic has on communitie­s across the country,” said John Parker, senior vice president of Healthcare Distributi­on Alliance. “We are deeply engaged in the issue and are taking our own steps to be part of the solution — but we aren’t willing to be scapegoats.

“Distributo­rs are logistics companies that arrange for the sale and secure storage, transport and delivery of medicines from manufactur­ers to pharmacies, hospitals, long-term care facilities, and others based on prescripti­ons from licensed physicians. We don’t make medicines, market medicines, prescribe medicines or dispense them to consumers. Given our role, the idea that distributo­rs are solely responsibl­e for the number of opioid prescripti­ons written defies common sense and lacks understand­ing of how the pharmaceut­ical supply chain actually works and how it is regulated.”

 ?? JOHN MINCHILLO — THE ASSOCIATED PRESS FILE ?? Ohio Attorney General Mike DeWine speaks during a news conference.
JOHN MINCHILLO — THE ASSOCIATED PRESS FILE Ohio Attorney General Mike DeWine speaks during a news conference.

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