Kentucky joins states suing Endo
State’s attorney general describes company’s actions as ‘unconscionable’
Another state is taking legal action against Endo Pharmaceuticals over its sales of the opioid Opana ER.
Kentucky Attorney General Andy Beshear last week filed suit against Endo, alleging the Malvern area company violated state law and directly contributed to the overdose deaths of state residents. “Today we are taking action to hold Endo responsible for unlawfully building a market for the chronic use of opioids in the name of increasing corporate profits, knowing all along the dangers of Opana ER that led to devastating effects on the Commonwealth,” Beshear said in a statement announcing the lawsuits. “My office refuses to sit back and watch families be torn apart while opioid manufacturers like Endo line their pockets at the expense of our communities and our future.”
According to Beshear, 191 Kentuckians died in 2016 from a drug overdose caused by a powerful prescription opioid three times stronger than morphine. That drug, he said, is Opana ER (oxymorphone hydrochloride extended release), manufactured by Endo. The East Whiteland company especially targeted Kentucky veterans in its promotion
of Opana ER, according to the AG’s complaint.
Endo took issue with Beshear’s characterization of its actions.
In an e-mailed statement, Matthew J. Maletta, Endo’s executive vice president and chief legal officer, said “the public statement made by Kentucky Attorney General Andy Beshear in connection with filing suit against Endo that this organization
and its dedicated employees seek to ‘line their pockets at the expense of communities’ is patently offensive. We intend to vigorously defend the company against the claims set forth in this lawsuit.”
Endo is facing legal actions from a growing number of states and counties across the nation in reaction to the nation’s opioid epidemic.
In September, 41 state attorneys general announced they are joining forces to investigate opioid makers and distributors. Pennsylvania Attorney General Josh
Shapiro said the group is seeking documents and information about business practices from companies.
Louisiana, New Mexico, Missouri, Mississippi and Ohio, as well as cities and counties, including Delaware County in Pennsylvania and a number of West Virginia counties, have sued Endo, other drug makers and drug distributors.
Also last week, nearly two dozen Wisconsin counties announced they are suing makers of prescription painkillers, including Endo, alleging in a federal lawsuit
that the companies’ “nefarious and deceptive” marketing campaigns precipitated the nation’s opioid overdose epidemic.
In July, Endo agreed to withdraw the long-acting opioid painkiller Opana ER from the market after the U.S. Food and Drug Administration declared its benefit did not outweigh public health risks associated with opioid abuse.
Pulling the drug from market, however, hasn’t stopped Endo from promoting it on the internet, Beshear contended. Additionally, the company still actively sells other prescription painkillers, including Percocet (acetaminophen and oxycodone), which earned $31 million for the three months between April and June.
“Endo failed to disclose or misrepresented clinically significant risks of Opana, Opana ER, Percocet, Percodan, and opioid therapy to Kentucky consumers and their doctors,” the lawsuit states, The suit said Endo’s marketing of the drugs are “unconscionable, offend public policy; are immoral, unethical, oppressive, or unscrupulous.”
Beshear’s said the lawsuit, described by his office as one of many to be filed against “rogue pharmaceutical companies,” shows how the actions of Endo directly violate numerous Kentucky laws. It seeks civil penalties and compensatory and punitive damages for the commonwealth.