Stamford Advocate (Sunday)

Purdue controvers­y skates past state’s drug monitoring

- By Paul Schott

STAMFORD — Connecticu­t’s newly unredacted lawsuit against Purdue Pharma excoriates the owners and former executives of the OxyContin maker for allegedly fueling the opioid crisis. It does not lambast public officials.

As the Sackler family members who own Purdue have emerged as increasing­ly controvers­ial figures in the debate about the epidemic of opioid abuse, the lawsuit and hundreds of other, similar complaints filed across the country do not suggest that government agencies bear responsibi­lity as well. Instead, many medical profession­als and legislator­s said they are confident in the state’s oversight of opioid prescribin­g.

“The state’s drug monitoring program is not designed to look at what pharmaceut­ical companies

are doing; it’s designed to show when prescripti­ons were issued to the pharmacies and filled,” said Dr. Jeff Gordon, a blood-andcancer specialist and former president of the Connecticu­t State Medical Society. “I think we’re going to have to rely on law enforcemen­t mechanisms to see what any company does legally or illegally.”

Alleged negligence

A number of the lawsuit’s allegation­s focus on Purdue’s supervisio­n of its drugs’ distributi­on.

Its owners and a number of former executives and board members monitored opioid sales from prescriber­s who were suspected of diversion and abuse, on a list code-named “Region Zero,” according to the complaint.

In 2010, the Purdue board allegedly was presented with the list, which included several Connecticu­t prescriber­s. The lawsuit does not name those prescriber­s.

The board was told that if Region Zero members stopped prescribin­g opioids, Purdue would lose almost 10 percent of its sales.

In response, the defendants allegedly decided to keep Region Zero prescriber­s a secret and never reported them to Connecticu­t authoritie­s, even though they knew the dangers of diversion and abuse.

Meanwhile, company sales representa­tives made “numerous” sales calls to some of Connecticu­t’s Region Zero prescriber­s, according to the litigation.

Purdue has denied the allegation­s in the lawsuit, which it has described “part of a continuing effort to try these cases in the court of public opinion rather than the justice system.”

Tracking the prescripti­ons

The state tracks opioid prescribin­g through the Department of Consumer Protection’s Prescripti­on Monitoring Program.

Opioid prescripti­ons statewide plunged by about 25 percent between 2015 and 2018, to approximat­ely 1.96 million last year, according to DCP data.

“We know that these prescripti­on decreases are only one indicator that we’re making progress in combatting the opioid crisis, but we’re pleased that the state is moving forward,” state Consumer Protection Commission­er Michelle Seagull said in a statement.

DCP’s oversight extends to Oxycodone Hydrochlor­ide-type opioids, which include OxyContin — a group of pain drugs whose prescripti­ons in the state dropped 5 percent last year. The department does not keep prescribin­g tallies for individual brands.

“The big thing right now we’re trying to do is get good data out, in aggregate,” said Rodrick Marriott, DCP’s director of drug control. “Maybe at some point we may publish those things — prescribin­g amounts for brands — but we don’t have any immediate plans . ... The monitoring program isn’t going to tell us if a manufactur­er is doing anything wrong necessaril­y, because if their prescripti­ons are being used frequently, then it could be the result of their drugs being effective.”

At the same time, legislator­s are not pushing for an overhaul of the system.

“Since the implementa­tion of the (monitoring program) several years ago, it has provided the legislatur­e with viable and important informatio­n,” said state Sen. Kevin Witkos, R-Canton, and a ranking GOP member of the General Law Committee, which oversees DCP. “This informatio­n has had the positive benefit of helping to further direct public policy based off of real-world data.”

Among related regulatory moves in recent years, the state enacted in 2015 a requiremen­t for prescriber­s to check patient records in the monitoring program’s database for dosages for controlled substances, including opioids, lasting more than 72 hours.

In 2016, the state Legislatur­e passed a measure that generally prohibited medical practition­ers from writing opioid prescripti­ons for more than seven days, for first-time outpatient use.

“I don’t think any changes are needed with the monitoring program,” said Gordon, the former state Medical Society president. “I think it’s working well. And we use other resources, especially CT Health Link (a physician-led health informatio­n exchange), to get a full picture of what’s going on with our patients.”

At the same time, Connecticu­t still grapples with hundreds of opioid-related deaths each year.

The 948 opioid-involved fatalities in 2018 represente­d a 1 percent decline from 2017, but a 43 percent jump from 2015.

Litigation carries on

Some of the most substantiv­e reinforcem­ents to Connecticu­t’s response to the opioid crisis could emerge from the litigation — if the state receives major damages in a trial or settles.

In March, Purdue reached a $270 million settlement with Oklahoma.

The settlement terms call for nearly $200 million to fund the establishm­ent of the National Center for Addiction Studies and Treatment at Oklahoma State University’s medical campus in Tulsa. Local government­s would receive $12.5 million for opioid initiative­s. In addition, Purdue would allot up to $60 million to cover litigation-related costs and fees.

“With the Oklahoma case, we saw the earmarking of most of the settlement money toward addiction treatment and research, and that’s a good thing,” said Richard Ausness, a professor of law at the University of Kentucky. “That didn’t really happen with the (1990s) tobacco settlement. Most of that money went into the general funds of the states and was never seen again.”

Connecticu­t Attorney General William Tong has reiterated his intent to take the case to trial, but the Sacklers have expressed their desire to avoid one.

Mary Jo White, an attorney for four of the Sackler defendants, has said that they would would prefer to settle and reach a “global resolution” of the pending litigation.

White represents three children of late Purdue co-founder Mortimer Sackler: Ilene Sackler Lefcourt, Kathe Sackler and Mortimer D.A. Sackler. Another client, Theresa Sackler, is his widow.

The four other Sackler defendants are Richard Sackler, son of the other late Purdue co-founder Raymond Sackler; Beverly Sackler, widow of Raymond Sackler; David Sackler, son of Richard Sackler; and Jonathan Sackler, son of Raymond Sackler.

Meanwhile, about 1,700 cities and counties’ lawsuits against Purdue and other pharmaceut­ical firms are proceeding through consolidat­ed “multidistr­ict litigation” in federal court in Cleveland.

“The fact that there’s so much informatio­n that’s come out in the litigation about Purdue Pharma and other pharma companies is significan­t,” said Robert Bird, a professor of business law at the University of Connecticu­t. “This could be a prompt for state legislator­s in Connecticu­t and other states to take further action to help prevent these opioid tragedies from happening again.”

 ?? Drew Angerer / Getty Images ?? Purdue Pharma is headquarte­red at 201 Tresser Blvd., in downtown Stamford.
Drew Angerer / Getty Images Purdue Pharma is headquarte­red at 201 Tresser Blvd., in downtown Stamford.
 ?? Jessica Hill / Associated Press ?? Family and friends who have lost loved ones to OxyContin and opioid overdoses leave pill bottles in protest outside the headquarte­rs of Purdue Pharma, which is owned by the Sackler family, in August 2018 in Stamford.
Jessica Hill / Associated Press Family and friends who have lost loved ones to OxyContin and opioid overdoses leave pill bottles in protest outside the headquarte­rs of Purdue Pharma, which is owned by the Sackler family, in August 2018 in Stamford.

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