Play Live Radio
Next Up:
0:00
0:00
0:00 0:00
Available On Air Stations

Attorney General's office hires lawyers to look at possible opioid suit

Delaware Public Media

The state of Delaware is retaining a national group of attorneys to investigate, and possibly file suit against opioid manufacturers, distributors and others who may have contributed to the opioid epidemic in the First State.Deaths from opioids have quadrupled in the First State over the past 20 years with 308 in 2016.

“The goal is very simple. We will make sure that any entities responsible under Delaware law for creating this crisis help us solve it, and that they stop any practices still going on that are contributing to this crisis,” said Attorney General Matt Denn in a statement. 

The lead law firm retained by Delaware is Fields, PLLC. That group has already filed complaints against the opioid industry on behalf of the Cherokee Nation. Three other firms were retained. All were selected by a committee that included DOJ attorneys and a representative from the Department of Health and Social Services.

The retained firms will bear the cost of the investigation and will be compensated from any eventual winnings that the state may receive.

Under the retention agreement with the law firms, the Delaware Department of Justice retains decision-making authority of the investigation, including the decision of whether to sue or not.

 

Denn is also joining and other state Attorneys General in expanding a 2016 lawsuit against big pharmaceutical companies. It now includes a total of 18 companies and two individual CEOs.

 

The suit alleges an interstate price-fixing conspiracy to artificially inflate the cost of generic medications, including antibiotics and generics used to treat epilepsy, high blood pressure, and asthma. It also alleges the would-be drug manufacturing competitors illegally conspired to divvy up shares of the market.

 

Delaware was one of twenty states that initially filed suit in December 2016 against six pharmaceutical companies.  The number of states and U.S. territories involved is now 46.

 

The two individual defendants are Rajiv Malik, president and executive director of Mylan N.V., and Satish Mehta, the chief executive officer and managing director of Emcure Pharmaceuticals, L-t-d.

“Generic drugs make up 88% of the prescriptions written in the United States, and prescription drug costs are a significant part of the health care costs borne by Delawareans. It is critical that pharmaceutical companies follow the law when it comes to setting the prices for their products," said Denn in a statement.

 

The names of all 18 companies are:

  • Actavis Pharma, Inc.
  • Ascend Laboratories, LLC
  • Apotex Corp.
  • Auribindo Pharma USA, Inc.
  • Citron Pharma, LLC
  • Dr. Reddy's Laboratories, Inc.
  • Emcure Pharmaceuticals, Ltd.
  • Glenmark Pharmaceuticals, Inc.
  • Heritage Pharmaceuticals, Inc.
  • Lannett Company, Inc.
  • Mayne Pharma (USA), Inc.
  • Mylan Pharmaceuticals, Inc.
  • Par Pharmaceutical Companies, Inc.
  • Sandoz, Inc.
  • Sun Pharmaceutical Industries,Inc.
  • Teva Pharmaceuticals USA, Inc.
  • Zydus Pharmacuticuals (USA), Inc

The 13 generic drugs they allegedly price fixed are:

  • Acetazolamide, used to treat glaucoma and epilepsy;
  • Doxycycline monohydrate, an antibiotic;
  • Fosinopril-hydrochlorothiazide, used to treat high blood pressure;
  • Glipizide-metformin, a diabetes medication; 
  • Glyburide-metformin, a diabetes medication;
  • Leflunomide, used to treat rheumatoid arthritis;
  • Meprobamate, an anxiety medication;
  • Nimodipine, a calcium channel blocking agent used to reduce problems caused by a bleeding blood vessel in the brain;
  • Nystatin, an antifungal medication;
  • Paromomycin, an antibiotic used to treat certain parasite infections;
  • Theophylline, used to treat asthma and other lung problems;
  • Verapamil, used to treat hypertension; and
  • Zoledronic acid, used to treat hypercalcemia.

 

Related Content