City Sues Pharmaceutical Companies As Part of Effort to Combat Opioid Epidemic

New York City filed a lawsuit in State Supreme Court Tuesday against seven drug manufacturers and three distributors in an effort to slow the growing number of opioid overdose deaths.

Mayor Bill de Blasio says the suit is aimed at changing the behavior of pharmaceutical companies—with opioid deaths in the city outpacing the number of homicides and traffic deaths combined in both 2016 and 2017. The city is also seeking half a billion dollars from the companies to cover the costs of fighting the epidemic.

"It’s time for some of these pharmaceutical companies to forfeit their ill-gotten gains," de Blasio said.

The city joins a growing number of states and municipalities suing drug companies for what they allege are misleading marketing tactics and a misrepresentation of the dangers posed by long-term use of these drugs.

Staten Island is one of the places within the city hardest hit by the proliferation of opioids. District Attorney Michael McMahon said it’s "a plague" noting that every day 1-2 Staten Islanders experience an overdose.

It’s home to Anne Marie Perotto, who lost her son Christopher in 2011 to an overdose. Joining officials at the announcement, Perotto described her son as straight-A student and an athlete before he sustained a minor back injury in a car accident at the age of 19 and was prescribed prescription painkillers to treat the injury.

"He could have taken Tylenol, but instead he was given prescription opioids," said Perotto. Her son was addicted within a week, she said. "The pharmaceutical companies killed my son. And it's about damn time we start holding them accountable."

The city is suing manufacturers Purdue Pharma, The Purdue Frederick Company, Teva Pharmaceuticals, Cephalon, Endo, Allergan, Janssen Pharmaceuticals of Johnson & Johnson. The distributors are McKesson Corporation, Cardinal Health and AmerisourceBergen Corporation.

In statements to WNYC, each of the named manufacturers and distributors denied any charges of wrong-doing.

"Our actions in the marketing and promotion of our opioid pain medicines were appropriate and responsible," said Sarah Freeman, a spokesperson for Janssen Pharmaceuticals, Inc., while acknowledging the public health crisis posed by opioids and the need for many stakeholders to find a solution.

A spokesman for the Healthcare Distribution Alliance (HDA), an umbrella group for the distributors, said since their companies do not make or market medicines to consumers, "we aren’t willing to be scapegoats," said John Parker, Senior Vice President, HDA. "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."

This is the second major lawsuit against corporations where the city seeks to hold them accountable for public health and environmental issues. Earlier this month, the city announced a lawsuit against large fossil fuel companies for their role in causing climate change.

"They only work when we believe there is a viable legal strategy," de Blasio said. Corporation Counsel Zach Carter, who likened this lawsuit to those against the tobacco industry added, "Because this announcement comes on the heels of our announcement to sue the fossil fuel companies, it appears to be part of a new initiative. That really is a coincidence of timing."