Proposed Purdue Settlement Bears Positive Effects on I-75 Corridor Opioid Lawsuit

National agreement would settle complaints brought against Purdue by cities/counties, but leaves other defendants to be pursued in court

JACKSBORO, Tenn. — A proposed multi-billion dollar settlement and bankruptcy filing by Purdue Pharma in the national opioid multi-district litigation (MDL) is bearing multiple effects on what is known as the I-75 Corridor opioid lawsuit — including the settlement of complaints brought against the pharmaceutical giant by local cities and counties.

Other manufacturer defendants and distributors remain to be pursued, attorneys say.

The lawsuit was jointly filed on Sept. 29, 2017, in Campbell County Circuit Court in Jacksboro by the district attorneys general of Tennessee’s Sixth, Seventh, Eighth, Ninth and Tenth Judicial Districts, and later amended to also include the Fourth Judicial District. The complaint lists prescription opioid manufacturer Purdue Pharma, L.P. and its related companies, along with Mallinckrodt LLC, Endo Health Solutions, Inc. and its wholly owned subsidiary, Endo Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc., and alleged local distributors.

“While the agreement — if approved by the bankruptcy court — settles claims made by my office, and on behalf of cities and counties against Purdue, it does not satisfy our complaints against the remaining defendants,” says Jared Effler, district attorney general for Tennessee’s Eighth Judicial District. “More than one pharmaceutical company helped create this crisis. Mallinckrodt, Endo and Teva played significant roles in the overprescription and diversion of opioids in our region, and Purdue’s actions will not alter our focus on holding them accountable, whether in circuit court or bankruptcy proceedings.”

The I-75 Corridor opioid lawsuit is one of three filed in Tennessee by district attorneys general against pharmaceutical manufacturers and other defendants who have contributed to the state’s opioid crisis. In all, 14 district attorneys general representing 47 counties — nearly half the entire state — have joined forces to challenge pharmaceutical manufacturers and distributors for their roles in the opioid epidemic.

That show of solidarity has been instrumental in convincing the industry to face up to its actions, says Gerard Stranch, managing partner of Nashville-based Branstetter, Stranch & Jennings, PLLC (BS&J).

“The district attorneys general who have spoken out on behalf of their cities and communities — many of which are rural areas — should be credited for their tenacity in standing up to Big Pharma,” Stranch says. “They are the ones whose offices expend thousands of hours and millions of dollars prosecuting opioid-related crimes, and they were the first to challenge the manufacturers and distributors in court for their actions. It is their right to hold these companies accountable and also to ensure that financial resources are returned to the communities that have been ravaged by years of overprescription and diversion.”

The I-75 Corridor suit will go to trial in the near future.

“In the two years since we filed this claim, we’ve gathered a massive amount of data on the harmful practices the defendants employed in their pursuit of profit,” Stranch says. “We look forward to sharing this information with the court.”

For additional facts, resources and documentation surrounding this issue, visit www.tnbabydoe.com.

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Proposed Purdue Settlement Bears Positive Effects on Sullivan Baby Doe Opioid Lawsuit

National agreement would settle complaints brought against Purdue by cities/counties, but leaves other defendants to be pursued in court

KINGSPORT, Tenn. — A proposed multi-billion dollar settlement and bankruptcy filing by Purdue Pharma in the national opioid multi-district litigation (MDL) is bearing multiple effects on East Tennessee’s Sullivan Baby Doe suit — including the settlement of complaints brought against the pharmaceutical giant by local cities and counties.

Other manufacturer defendants and distributors remain to be pursued, attorneys say.

The Sullivan Baby Doe suit was jointly filed on June 13, 2017, by the district attorneys general of Tennessee’s First, Second and Third Judicial Districts in Sullivan County Circuit Court in Kingsport, Tennessee. The complaint lists prescription opioid manufacturer Purdue Pharma, L.P. and its related companies, along with Mallinckrodt PLC, Endo Pharmaceuticals, a pill mill doctor and other convicted opioid dealers as defendants.

“While the agreement — if approved by the bankruptcy court — settles claims made by my office, and on behalf of cities and counties against Purdue, it does not satisfy our complaints against the remaining defendants,” says Barry Staubus, district attorney general for Tennessee’s Second Judicial District. “More than one pharmaceutical company helped create this crisis. Mallinckrodt and Endo played significant roles in the overprescription and diversion of opioids in our region, and Purdue’s actions will not alter our focus on holding them accountable, whether in circuit court or bankruptcy proceedings.”

The Sullivan Baby Doe suit is one of three filed in Tennessee by district attorneys general against pharmaceutical manufacturers and other defendants who have contributed to the state’s opioid crisis. In all, 14 district attorneys general representing 47 counties — nearly half the entire state — have joined forces to challenge pharmaceutical manufacturers and distributors for their roles in the opioid epidemic.

That show of solidarity has been instrumental in convincing the industry to face up to its actions, says Gerard Stranch, managing partner of Nashville-based Branstetter, Stranch & Jennings, PLLC (BS&J).

“The district attorneys general who have spoken out on behalf of their cities and communities — many of which are rural areas — should be credited for their tenacity in standing up to Big Pharma,” Stranch says. “They are the ones whose offices expend thousands of hours and millions of dollars prosecuting opioid-related crimes, and they were the first to challenge the manufacturers and distributors in court for their actions. It is their right to hold these companies accountable and also to ensure that financial resources are returned to the communities that have been ravaged by years of overprescription and diversion.”

In East Tennessee, the Sullivan Baby Doe suit is expected to go to trial in 2020.

“In the more than two years since we filed this claim, we’ve gathered a massive amount of data on the harmful practices the defendants employed in their pursuit of profit,” Stranch says. “We look forward to sharing this information with the court.”

For additional facts, resources and documentation surrounding this issue, visit www.tnbabydoe.com.

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Judge Overturns Dismissal of I-75 Corridor Opioid Suit

Lawsuit against prescription opioid producers to move forward again

KNOXVILLE, Tenn. — A landmark regional opioid suit brought by six Tennessee district attorney generals against major pharmaceutical manufacturers is back on track.

Judge D. Michael Swiney, Tennessee Court of Appeals at Knoxville, ruled today to reverse last fall’s judgment by Eighth Judicial District Judge John D. McAfee granting multiple motions from pharmaceutical producers to dismiss what is known as the I-75 Corridor opioid lawsuit.

In his ruling, Judge Swiney determined that drug manufacturers can be liable under Tennessee’s Drug Dealer Liability Act (DDLA), and that the manufacturer defendants did not meet their burden in their motion to dismiss the claim. The case has now been remanded to the Trial Court.

The lawsuit was jointly filed on Sept. 29, 2017, in Campbell County Circuit Court in Jacksboro by the district attorneys general of Tennessee’s Sixth, Seventh, Eighth, Ninth and Tenth Judicial Districts, and later amended to also include the Fourth Judicial District.

“This is a substantial victory for the cities and counties represented in this case, and sound affirmation of our complaint,” says Jared Effler, district attorney general for Tennessee’s Eighth Judicial District. “The court clearly recognizes the rights of district attorneys to bring suit on behalf of their constituents, and also agrees that pharmaceutical companies and distributors can be challenged under the DDLA — particularly when these companies knowingly inflict harm on the public, as we believe the defendants have done over a span of many years. We look forward to bringing this case to trial and holding these companies accountable for the damage they have inflicted.”

The complaint lists prescription opioid manufacturer Purdue Pharma, L.P. and its related companies, along with Mallinckrodt LLC, Endo Health Solutions, Inc. and its wholly owned subsidiary, Endo Pharmaceuticals, Inc., and Teva Pharmaceuticals USA, Inc.

“The manufacturer defendants knowingly flooded the affected areas with drugs they knew would later be diverted,” says J. Gerard Stranch, managing partner for Nashville, Tennessee-based law firm Branstetter, Stranch & Jennings, PLLC. “They actively enabled events from the top down for the sake of profit and knowingly participated in Tennessee’s illegal drug market. That is the basis for civil liability under the DDLA, whether the activity happens in a back alley or at a corporation’s headquarters. We look forward to presenting the facts to a jury in the near future.”

The I-75 Corridor suit, which focuses on an area designated as a High Intensity Drug Trafficking Area (HIDTA), demands judgment against the defendants for damages, and seeks restitution for the plaintiffs and an injunction to stop the flood of opioids to the region.

For additional facts, resources and documentation surrounding this issue, visit www.tnbabydoe.com.

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