Cherokee Nation – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 South Carolina Sues OxyContin Maker over Opioid Crisis https://legacy.lawstreetmedia.com/blogs/law/south-carolina-sues-oxycontin-maker-opioid-crisis/ https://legacy.lawstreetmedia.com/blogs/law/south-carolina-sues-oxycontin-maker-opioid-crisis/#respond Wed, 16 Aug 2017 19:01:59 +0000 https://lawstreetmedia.com/?p=62772

The suit claims that Purdue Pharma falsely marketed the drugs as nonaddictive.

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The state of South Carolina is suing Purdue Pharma over its alleged contributions to the opioid epidemic.

South Carolina Attorney General Alan Wilson announced the lawsuit at a press conference on Tuesday. It accuses the Connecticut-based company of deceptive marketing practices and downplaying the addictive qualities of OxyContin.

In particular, the suit addresses Purdue Pharma’s failure to comply with the state’s Unfair Trade Practices Act. In 2007, Purdue Pharma signed an agreement with South Carolina and other states, which required the company to correct its marketing practices.

However, according to Wilson, Purdue Pharma continued to encourage doctors to prescribe OxyContin for unapproved uses. Representatives also assured doctors that the users would become only “pseudoaddicted.” Supposedly, they could reverse their symptoms by taking even more drugs.

In reality, OxyContin is a Schedule II controlled substance, which means it is highly addictive.

“Opioid addiction is a public health menace to South Carolina,” Wilson said at the press conference. “We cannot let history record that we stood by while this epidemic rages.” Recovering addicts and family members of overdose victims stood around him.

“While we vigorously deny the allegations,” a Purdue Pharma spokesperson said in a statement, “we share South Carolina officials’ concerns about the opioid crisis and we are committed to working collaboratively to find solutions.”

Over 565 South Carolinians died of opioid overdoses in 2015. Last year, the state had the ninth-highest opioid prescribing rate in the country.

Comparatively, the U.S. as a whole had over 33,000 people die from opioid use in 2015. Experts predict that number will rise.

This is not the first legal action against Purdue Pharma. In January, the city of Everett, Washington. sued the company for negligence and inaction over the city’s OxyContin crisis. Six months later, the state of Ohio sued Purdue Pharma and four other companies over their marketing of OxyContin and other drugs.

Most recently, New Hampshire filed its own lawsuit on August 1. Like South Carolina, the state accuses Purdue Pharma of overstating the benefits of opioids and recommending it for unapproved uses.

In a similar action, the Cherokee Nation sued six pharmaceutical companies in April, accusing them of unjustly profiting from over-prescription of opioids.

Last week, President Trump declared the opioid epidemic a national emergency. Since then, he has not specified any plans or resources to combat the crisis.

Delaney Cruickshank
Delaney Cruickshank is a Staff Writer at Law Street Media and a Maryland native. She has a Bachelor’s Degree in History with minors in Creative Writing and British Studies from the College of Charleston. Contact Delaney at DCruickshank@LawStreetMedia.com.

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Cherokee Nation Sues Opioid Providers and Pharmacies https://legacy.lawstreetmedia.com/blogs/law/cherokee-nation-sues-opioid/ https://legacy.lawstreetmedia.com/blogs/law/cherokee-nation-sues-opioid/#respond Sun, 23 Apr 2017 14:43:29 +0000 https://lawstreetmedia.com/?p=60393

The community has filed a lawsuit against six companies.

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The Cherokee Nation has filed a lawsuit in the Cherokee Nation District Court against six distribution and pharmacy companies, claiming that they have unjustly profited through over-prescribing and selling opioids.

The companies included in the lawsuit include three pharmaceutical companies: McKesson Corporation, Cardinal Health, and Amerisource Bergen. It also includes three pharmacies: CVS, Walgreens, and Walmart. The lawsuit claims that it was the companies’ responsibility to monitor opioid prescriptions and orders in Cherokee Nation, identify the red flags present, and report those issues to the federal government. Essentially, the companies should have noticed warning signs like individual patients trying to fill prescriptions from multiple doctors, or driving long distances to fill prescriptions for no apparent reason.

The lawsuit details the horrific effects that prescription opioids have had on the community, noting that American Indians are more likely to die from drug overdoses than other ethnic groups. Annual deaths from opioid overdose have doubled in Cherokee nation between 2003-2014, and now outnumber deaths from car accidents. It also points out that young people have been hit particularly hard. It reads:

A 2014 study funded by the National Institute on Drug Abuse found a much higher prevalence of drug and alcohol use in the American Indian 8th and 10th graders compared with national averages. American Indian students’ annual heroin and OxyCotin use was about two to three times higher than the national averages in those years.

The lawsuit also details the issues with women who are addicted to opioids and become pregnant, as well as the harm to the community as a whole when drug addiction and crime rise. The Cherokee Nation is seeking restitution for health care costs for those who have been affected by opioid addiction.

Cherokee Nation isn’t the first area to file a lawsuit against companies for the metoiric rise in opioid issues around the U.S.–earlier this year, Everett, Washington became the first city to sue a painkiller manufacturer. A tiny town in West Virginia, called Kermit, sued McKesson, AmerisourceBergen, Cardinal health, Miami-Luken, AD Smith Corporation and a former Kermit pharmacy, Sav-Rite Pharmacy. Those are just a couple examples–there have been others, and until the opioid crisis in the U.S. is under control, there are sure to be more.

In the Cherokee Nation lawsuit, the companies named in the suit have either elected not to comment or have pointed out that they have stringent policies in place to deal with opioid abuse, or that addiction is the real issue.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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