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Big Pharma’s Tobacco Moment As Star Lawyers Push Opioid Suits

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Big Pharma’s Tobacco Moment As Star Lawyers Push Opioid Suits

IL for www.theindianalawyer.com

Big Pharma is having a Big Tobacco moment as litigation over opioids attract star lawyers and a growing list of states and local governments seeking their own multibillion-dollar payout to deal with costs of a burgeoning drug epidemic.

On Tuesday, South Carolina became the sixth state to sue opioid makers alleging they have created a public health crisis. The suit filed by Joe Rice, a plaintiff lawyer who helped negotiate a $246 billion settlement with the tobacco industry in 1998, suggests states are laying the groundwork to force a resolution that provides billions of dollars to cover the costs of an epidemic blamed for 62 deaths per day.

“The more states they have signed up, the bigger their hammer when it comes time to decide who should be on the settlement negotiating committee,” said David Logan, a Roger Williams University law professor who teaches mass-tort cases.

Legal action tied to opioids is increasing at the same time that lawmakers are seeking more funding to defray costs tied to abuse, addiction and overdoses. Last week, President Donald Trump said he’s ready to declare a national emergency, which would clear the way for extra funding and government authority to address the wave of drug-related deaths. The administration gave no timetable for when the declaration would be signed.

In response to South Carolina’s lawsuit, filed in state court in Columbia, Purdue spokesman John Puskar said Tuesday that while the company denies the allegations, it shares the state’s “concerns about the opioid crisis.”

‘Find Solutions’

“We are committed to working collaboratively to find solutions,” Puskar said in an email. “OxyContin accounts for less than 2 percent of the opioid analgesic prescription market nationally but we are an industry leader in the development of abuse-deterrent technology, advocating for the use of prescription drug monitoring programs and supporting access to Naloxone.”

More than 22,000 Americans died from prescription opioid overdoses in the U.S. in 2015, an increase from 19,000 the year before, according to the Centers for Disease Control and Prevention.

A study in the October issue of Medical Care journal puts the economic cost of opioid overdose, abuse and dependence at $78.5 billion. Health care accounts for about a third of that cost while expenses for lost productivity in non-fatal cases add another $20 billion, according to the journal published by Wolters Kluwer.

South Carolina’s complaint follows similar filings by New Hampshire, Ohio, Missouri, Oklahoma and Mississippi. Drugmakers are also facing more than a dozen other complaints filed by counties and cities accusing them of downplaying the addiction risks and overstating the effectiveness of powerful painkillers.

“If they can get 14 or 15 states to file against the drugmakers, that will put stress on the companies, cost wise, to defend these suits all over the country,” said Carl Tobias, who teaches product-liability law at the University of Richmond in Virginia. “That will give them incentive to talk rather than fight.”

Star Lawyers

Even more important than the states themselves are the lawyers behind the complaints; a dream team comprised of plaintiff attorneys who successfully sued Big Tobacco including Rice, Steve Berman, and ex-Mississippi Attorney General Michael Moore.

The lawyers are likely taking the cases on contingency, which means they only get paid if they win in court and recover money for the states or they settle the cases.

While it’s too early to quantify a dollar amount needed to fully compensate states, Anthony Sabino, a law professor at St. John’s University in New York, said he could foresee a “low double-digit billion settlement.” Any deal would also likely come with demands for fewer drug ads, he said.

Some opioid drugmakers, such as Johnson & Johnson’s Janssen unit, are standing firm by vouching for the safety of their drugs. Others, like Dublin-based Endo International Plc, have already pulled the plug on some of their products. Endo halted sales of its Opana ER painkiller in July following a request from U.S. Food and Drug Administration.

Purdue’s Troubles

In the South Carolina case, Purdue is accused of marketing its OxyContin drug in violation of an earlier agreement to avoid stoking the abuse epidemic, according to court filings.

In May 2007, the Stamford, Connecticut-based company pleaded guilty to misleading the public about OxyContin’s addiction risk, and agreed to pay $600 million in one of the largest pharmaceutical settlements in U.S. history. The case also ensnared Purdue’s president, top lawyer, and chief medical officer who all pleaded guilty to criminal misbranding charges and agreed to pay a total of $34.5 million in fines.

Counties are also suing opioid makers to recoup billions in costs. Officials of Multnomah County in Oregon are seeking $250 million in damages for costs dealing with overdoses, treating and housing addicts and training county staff on the use of naloxone. In an Aug. 3 lawsuit, county officials said pharmaceutical makers engaged in a “campaign of lies and deceptions” for more than 20 years.

Three Ohio counties also filed suits in state court earlier this month alleging McKesson Corp. and Cardinal Health Inc. failed to properly regulate deliveries of opioid painkillers and ignored red flags about large orders.

The case is State of SC v. Purdue Pharma, No. 2017-CP-400-4872, Richland County Court of Common Pleas (Columbia).

Aces to support Go4theGoal against SEMO

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UE and SEMO to wear gold laces to raise awareness of pediatric cancer

The University of Evansville women’s soccer team will be “Lacing Up 4 Pediatric Cancer” to support the Go4theGoal Foundation to help kids battling cancer in Friday’s regular season opener against Southeast Missouri State University and throughout the 2017 season.

UE will don gold laces as part of the Lace Up 4 Pediatric Cancer campaign, showing support for the fight against pediatric cancer.

“Both us and SEMO will be wearing gold laces on our shoes and that is to help support and raise awareness for pediatric cancer,” said head coach Krista McKendree. “A portion of the proceeds from the shoelaces we purchase go to support children fighting pediatric cancer. One of the reasons we wanted to be a part of this is because the money stays locally and affects families and kids in the tri-state area who have been affected by cancer or are living with it. So for us that is the biggest reason for wanting to do it is to try and help give back to people in our community and try and raise awareness for that cause as well.”

The Purple Aces will be accepting donations for the Go4theGoal Foundation during Friday’s match and will continue to collect at each home match in 2017.

Lace Up 4 Pediatric Cancer began in the fall of 2011. Since then, professional, college and youth teams have participated in raising funds and awareness for the #1 disease killer of children. To date, over 350,000 athletes have Laced Up to show their commitment to the fight against pediatric cancer.

Go4theGoal works to improve the lives of children battling cancer by providing financial assistance, granting special wishes, developing unique hospital programs, and funding innovative research. Learn more about Go4theGoal and how you can help to make a difference by visiting Go4theGoal.org.

Dak Attack Sticks To Game Plan

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Saratoga was Plan B. Ellis Park was Plan A for keeping talented 2-year-olds on course for this fall’s Breeders’ Cup Juvenile at Del Mar and, hopefully, the 2018 Kentucky Derby.
And Jason Loutsch isn’t kidding.
Loutsch, partner and racing manager for Albaugh Family Stables, did not anticipate that their first three in a promising group of 2-year-olds would win first time out at Churchill Downs. He figured they’d run well but get beat by a horse more cranked up or with a race under its belt, then win a maiden race at Ellis Park to that would set one or more of the colts up for Sunday’s $75,000 Ellis Park Juvenile or graded stakes at Churchill Downs (Iroquois) or Keeneland (Breeders’ Futurity).
But Free Drop Billy and Dak Attack both won June 15; then Hollywood Star won June 28, with all three trained by Dale Romans. So Free Drop Billy and Hollywood Star took a detour to Saratoga, where Free Drop Billy was second in the July 22 Grade 3 Sanford and Hollywood Star runner-up in this past Sunday’s Grade 2 Saratoga Special.
Dak Attack was chosen to stick with the original game plan of the Ellis Park Juvenile, for which entries will be taken Thursday. Ellis also will have the $75,000 Ellis Park Debutante return after a nine-year hiatus.
“The Ellis stakes was always on our radar after we won these races. But Dale is not historically a first-time starter winner,” said Loutsch, who is married to the daughter of Albaugh patriarch Dennis Albaugh, a prominent Iowa businessman and philanthropist. “So we thought we’d break our maiden at Ellis Park and go to the Iroquois or Futurity from there. But we were fortunate enough to win three 2-year-old races, and we had to come up with Plan B and start separating them.”
“We have basically two-turn colts and they’re not ready to sprint 5 1/2 furlongs. We’ve never encountered this where you’re going in a stakes in your second race and running in a Grade 2 at Saratoga. It says a lot about the horses that we’ve bought. Our team has done a great job finding great horses.”
Ellis Park has proven very good to the Albaugh and Romans 2-year-olds. Brody’s Cause got whupped at the track but wound up winning Keeneland’s Grade 1 Breeders’ Futurity two starts later and the Grade 1 Toyota Blue Grass the next spring. Last year, Not This Time in his second start won an Ellis maiden race by 10 lengths then took the Grade 3 Iroquois by 8 3/4 to earn a trip to the Breeders’ Cup Juvenile, where he narrowly lost to champion Classic Empire.
Dak Attack was selected for the Ellis stakes in discussion with Bret Jones, whose family bred Dak Attack and stayed in for a piece when the colt sold at Keeneland’s yearling sale for $625,000. The Ellis Park Juvenile will be plenty challenging with the presence of the Kenny McPeek-trained Ten City, who in winning Churchill’s Grade 3 Bashford Manor defeated Copper Bullet, last Sunday’s impressive winner of Saratoga’s Grade 2 Sanford over Hollywood Story.
Robby Albarado, who had been the rider of both Dak Attack and Ten City, had committed to Romans before the Bashford Manor winner was definite for the seven-furlong race. Instead, Jack Gilligan, who has been riding for McPeek at Ellis, gets a potential career boost in riding Ten City.
“It’s coming up tough with Kenny’s colt,” said Jones, who heads the bloodstock operation at the farm founded by his parents, Brereton and Libby. “But the Albaugh group and Dale obviously have had a lot of success at Ellis Park and setting those horses up for some bigger races down the line.
“No one involved with this horse ever thought the best race of his life was going to be August of his 2-year-old year. The way he’s made, the way he’s bred, he’s a horse we think is going to get better and better. And that’s exactly what Dale has been telling us from the start…. He’ll hopefully be at his best at a pretty exciting time of his 3-year-old year.”
Dak Attack, named for Dallas quarterback Dak Prescott, is a son of 2004 Horse of the Year Ghostzapper and the Indian Charlie mare Indian Spell, herself a daughter of the Joneses’ Kentucky Oaks winner and 3-year-old filly champion Proud Spell.
“He was a superstar from the moment he came onto this earth,” Jones said. “He grew into this big strapping, beautiful yearling that we took to the September sales with very high expectations. We really believed in the colt and wanted to have a role in his racing, and the pipe dream of course is to have interest in his stallion career. We think this is a very talented colt and are grateful to the Albaughs for letting us take a small piece and have some fun with him.”

No Solar Glasses to be Offered at Ivy Tech Eclipse Viewing Party

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Ivy Tech Community College will not be distributing free solar viewing glasses at its Eclipse viewing party on Aug. 21 as had been reported earlier, due to a recall notice from Amazon today. This is affecting thousands of customers throughout the nation, according to Amazon. On its website, Amazon stated, “Safety is among our highest priorities. Out of an abundance of caution, we have proactively reached out to customers and provided refunds for eclipse glasses that may not comply with industry standards,” the website stated.

Ivy Tech purchased from a NASA-approved company, and the safety glasses had the correct ISO and Shade Level requirements. “However, we have made the decision not to distribute the glasses, but to use alternative safer means to experience the 99% totality at our viewing party,” said Marsha Jackson, executive director of marketing and communication.

At the Ivy Tech viewing party, “It’s a New Day at Ivy Tech,” materials will be provided to make an inexpensive pinhole projector so that individuals can safely – with their back to the sun – view an inverted image of the movement of the moon over the sun on a piece of cardboard. Directions will be provided at the event.

Discussion about the eclipse will be led by Michael Hosack, assistant professor of physics at Ivy Tech. The event takes place on Monday from 11:55 a.m. (CST) to 2:49 p.m. (CST) with maximum coverage at 1:24 p.m. The viewing party will be located on Ivy Tech’s northeast parking lot, at the corner of Colonial Avenue and Tremont Road on the Ivy Tech Campus at 3501 N. First Avenue in Evansville. The event is free and open to the public.

“We are pleased to be able to share our faculty member’s expertise with our students and members of the community, during this unusual Eclipse which is occurring not only here – but across the United States,” said Chancellor Jonathan Weinzapfel. “Our faculty member, Dr. Hosack, is looking forward to sharing his insight in a safe and informative environment, as the moon passes between the earth and the sun.”

Hosack has been with Ivy Tech since 2013. Prior to Ivy Tech, he was a visiting assistant professor of physics at Purdue University, and worked for three years at NASA’s Goddard Space Flight Center, as a scientist working on radiation detectors for satellites. He will lead an informal discussion intermittently as the first hour of the Eclipse is viewed.

According to the website, “Great American Eclipse,” solar eclipses occur because of a cosmic coincidence: “the Sun is just about the same apparent size in our sky as the Moon. While the sun is actually about 400 times larger in diameter that the moon, the moon is also about 400 times closer than the sun. Therefore, the sun and moon appear to be about the same size in our sky.” The coming Eclipse is special because “it will be accessible to so many millions of Americans…There is a 60 to 70 mile wide path of totality,” according to the website. This year’s Eclipse is special because it cuts diagonally across the entire United States. The last time a total solar eclipse swept the whole width of the U.S. was in 1918.

Totality will cross from Oregon to Idaho, Wyoming, Nebraska, Kansas, Missouri, Illinois, Kentucky, Tennessee, Georgia, North Carolina, and South Carolina.

Evansville is not in that path of totality, but individuals will be able to see an Eclipse that covers 99% of the sun. The next total solar Eclipse that will be in the U.S. will occur on April 8, 2024. The line of totality will cross from Texas, up through the Midwest, almost directly over Indianapolis, Cleveland, Buffalo, NY, and over New England to Maine, then to Canada.

 

President Trump signs Messer’s Proposal Helping Vets Impacted by ITT Tech Closure Into Law

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Measure is part of landmark GI Bill reform package

WASHINGTON, D.C. (Wednesday, Aug. 16, 2017) — President Donald Trump signed into law today a GI Bill reform package, which includes U.S. Rep. Luke Messer’s (R-IN) proposal to help veterans impacted by the closure of ITT Tech.

Spearheaded by Messer and Rep. Mark Takano (D-CA), the bipartisan proposal retroactively restores GI Bill benefits to veterans who were attending Indiana-based ITT Technical Institute and California-based Corinthian Colleges, both of which closed abruptly impacting tens of thousands of students nationwide, including thousands of veterans.

Their proposal is part of the Harry Colmery Veterans Educational Assistance Act of 2017, which modernizes several aspects of the GI Bill and expands benefits for military families.

“With President Trump’s signature, thousands of Hoosier veterans who unfairly lost their GI Bill benefits will finally have them restored,” Messer said. “Our servicemen and women earned these benefits and we have a responsibility to honor our commitment to them. With this new law, we are delivering real results and ensuring veterans have the opportunity to succeed.”

Messer heard from many veterans following ITT Tech’s closure, including Jason Nyikos, a U.S. Navy veteran from Greenfield, Indiana, who had to start his degree completely from scratch, after spending two years at ITT Tech.

“Not a single credit transferred, and Jason’s GI Bill is going to run out before he can finish a new degree,” Messer said. “Jason’s story is one among thousands. Our veterans deserve better, and today is a huge victory for them.”

The proposal provides full restoration of GI Bill benefits within 90 days to students who attended ITT Tech and Corinthian Colleges, if they were not able to transfer their credits to a new institution. It also helps veterans who may be impacted by a school closure in the future. Messer introduced legislation to restore these benefits shortly after ITT Tech closed in September of 2016 and he has been working to restore the benefits since.

“Restoring both tuition and housing benefits to veterans for a semester cut short by a school closure is simply the right thing to do,” Takano said. “And by making this provision retroactive, we are restoring a measure of justice for the students at ITT Tech and Corinthian, as well as others across the country who have been left out in the cold by a college that shuts down without warning.”

 

Second Annual Bisesi Memorial Golf Scramble August 26

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University of Southern Indiana Women’s Golf will host its second annual Don Bisesi Memorial Golf Scramble August 26 at 1 p.m. at Cambridge Golf Course.

The event is a four-person, 18-hole scramble to benefit the USI Women’s Golf program. Cost is $100 per individual ($400 per team) and includes an awards dinner following the scramble. Prizes will be given to the winning team, longest drive, closest to the pin. There will also be hole-in-one prizes on all par 3s including a $10,000 prize for the first hole-in-one.

Prior to the event, a putting contest will take place on the 18th green for a chance to win $2,500. Also, PGA Professional Jeff Howerton will offer a 30-minute short game clinic on the driving range at 11:30 a.m. The clinic is free and does not require the tournament entry fee. All ages are welcome!

Nunn heading back to affiliated baseball after brief Evansville stint

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After an impressive debut last Wednesday, the Chicago Cubs have signed left-handed pitcher Chris Nunn.

“Couldn’t be happier for Chris getting this opportunity with the World Champion Cubs,” Otters manager Andy McCauley said. “He was special as his first start showed and we wish him the best of luck.”

On Aug. 9, Nunn struck out nine Florence batters as he allowed two runs-one earned-off three hits in five innings. After the first two batters he faced reached base, Nunn regrouped to strike out the next seven in a row. Through three innings, Nunn had eight strikeouts.

Nunn had a 1.80 ERA with Evansville in one start and he’ll be assigned to the Cubs’ Double-A affiliate (Tennessee Smokies of the Southern League) immediately.

A Cordova, Tenn. native, Nunn was drafted in the 24th round of the 2012 MLB Amateur Draft by the San Diego Padres. He spent four years in the Padres’ organization and also spent time with the Brewers’ organization earlier this season.

Nunn has a 4.01 career ERA in affiliated baseball with a 20-4 record. His best season came in 2013 with the Fort Wayne TinCaps of the Midwest League, where he went 8-2 with a 2.77 ERA.

Nunn joins Matt Wivinis (Yankees), Ryan Atkinson (Diamondbacks), Tyler Vail (Diamondbacks) and Max Duval (Marlins) as former Otter pitchers signed and still active with affiliated organizations since 2016.

Evansville returns home to Bosse Field Friday when the team partners with the city’s “E is for Everyone” campaign. First pitch is scheduled for 6:35 p.m. and gates will open an hour before.

VANDERBURGH COUNTY FELONY CHARGES

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 Below are the felony cases to be filed by the Vanderburgh County Prosecutor’s Office today.

Rick Jaleel Pam: Unlawful possession of a firearm by a serious violent felon (Level 4 Felony), Resisting law enforcement (Class A misdemeanor)

Chevadas K. McKinney: Resisting law enforcement (Level 6 Felony), Reckless driving (Class C misdemeanor)

Kimberly Ann Jarvis: Neglect of a dependent (Level 6 Felony), Possession of a narcotic drug (Level 6 Felony), Unlawful possession or use of a legend drug (Level 6 Felony), Public intoxication (Class B misdemeanor)

Michael Anthony Jones: Dealing in a synthetic drug or synthetic drug lookalike substance (Level 6 Felony), Operating a motor vehicle without ever receiving a license (Class C misdemeanor)

Joyce Ann Hanes: Dealing in methamphetamine (Level 3 Felony), Possession of a narcotic drug (Level 6 Felony), Maintaining a common nuisance – controlled substances (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor), Possession of a controlled substance (Class A misdemeanor), Possession of marijuana (Class B misdemeanor)

Megan M. Keeney: Possession of methamphetamine (Level 6 Felony)

Melinda Ann Sigers: Dealing in methamphetamine (Level 2 Felony), Operating a motor vehicle after forfeiture of license for life (Level 5 Felony), Resisting law enforcement (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Resisting law enforcement (Class A misdemeanor)

Katie L. Schaefer: Possession of methamphetamine (Level 6 Felony), False informing (Class B misdemeanor), Possession of paraphernalia (Class C misdemeanor)

Daniel James Bridges: Neglect of a dependent (Level 6 Felony)

Michael Edward Latimore: Unlawful possession of syringe (Level 6 Felony)

Kevin Thomas Sparks: Dealing in a schedule IV controlled substance (Level 6 Felony), Possession of marijuana (Class A misdemeanor)

Laura Lee Seiber-Cavins: Residential entry (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Criminal trespass (Class A misdemeanor)

Alexander D. Johnson: Domestic battery resulting in bodily injury to a pregnant woman (Level 5 Felony), Domestic battery (Level 6 Felony)

Jajaun Donta Bennett: Possession of a controlled substance (Level 6 Felony), Carrying a handgun without a license (Class A misdemeanor), Possession of marijuana (Class B misdemeanor)

Jason W. Spears: Possession of methamphetamine (Level 6 Felony), Possession of marijuana (Class A misdemeanor)

Lindsey Elizabeth Keil: Possession of a narcotic drug (Level 6 Felony)

Stephanie Ann Adams: Unlawful possession of syringe (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Possession of a controlled substance (Class A misdemeanor)

Danny Zachary Franklin: Resisting law enforcement (Level 6 Felony), Possession of methamphetamine (Level 6 Felony), Striking a law enforcement animal (Class A misdemeanor), Resisting law enforcement (Class A misdemeanor), Driving while suspended (Class A misdemeanor), Reckless driving (Class C misdemeanor), Possession of paraphernalia (Class C misdemeanor)

James Jeffrey Moore: Carrying a handgun without a license (Level 5 Felony), Possession of methamphetamine (Level 5 Felony), Unlawful possession of syringe (Level 6 Felony), Resisting law enforcement (Level 6 Felony), Neglect of dependent (Level 6 Felony), Neglect of a dependent (Level 6 Felony), Neglect of a dependent (Level 6 Felony), Reckless driving (Class C misdemeanor)

Catherine Cecilia Javier: Resisting law enforcement (Level 6 Felony), Operating a vehicle with an ACE of 0.15 or more (Class A misdemeanor)

David Matthew Stevenson: Battery against a public safety official (Level 6 Felony), Intimidation (Level 6 Felony), Intimidation (Level 6 Felony), Resisting law enforcement (Class A misdemeanor), Public intoxication (Class B misdemeanor)

David William Bredemeier: Possession of methamphetamine (Level 6 Felony)

Nicola P. Beacon: Domestic battery (Level 5 Felony), Attempt Obstruction of justice (Level 6 Felony), Invasion of privacy (Class A misdemeanor)

Troopers will be Conducting Sobriety Checkpoint in Posey County

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Drive Sober or Get Pulled Over Campaign

 Indiana State Police will be conducting a sobriety checkpoint somewhere in Posey County on Wednesday, August 23. The exact location and time will not be released. Motorists that are not impaired can expect only short delays of 2-3 minutes while passing through the checkpoint.

Troopers encourage all motorists to call 911 or the closest Indiana State Police Post when they observe another motorist that may be impaired. Be prepared to give a description of the vehicle, location and direction of travel.

The Indiana state Police are committed to traffic safety and will continue to conduct saturation patrols and sobriety checkpoints to apprehend impaired drivers and to deter others from drinking and driving.

EPD ACTIVITY REPORT

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EPD REPORT

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