Catie Moore
In 1995, the United States Food and Drugs Administration (FDA) approved OxyContin (oxycodone), an opioid. The following year, the drug hit the market, with Purdue Pharma being the sole manufacturer and marketer. Within just a few years, OxyContin’s sales had reached $1 billion, earning the Sackler family, the owners of Purdue Pharma, a spot in the 30 most affluent families in America.
Left Out Details
The sales were fueled by high-level marketing and advertising. However, the makers and distributors of opioid drugs left out an important detail in their marketing: the potential for addiction to the drugs.
With time, opioid use has led to an addiction crisis and caused untold harm and suffering to hooked individuals, their families, and society at large. As a result, many victims sought justice, turning to a personal injury attorney for legal assistance. Eventually, the opioid manufacturers and distributors found themselves in the middle of a storm as governments and individuals started filing lawsuits against them, their partners, and their subsidiaries.
When It All Began
The trouble with Purdue Pharma started in 2003 when the FDA wrote to the company warning them of their omission of critical information in their marketing advertisements for OxyContin.
According to the letter, the advertisements failed to show the warning label on the packaging box or address the risk of addiction. In 2007, Purdue Pharma and its executives pleaded guilty and were forced to pay up to $634 million in fines and restitution.
Soon after, governments and individuals started filing lawsuits. By 2017, there were over 2000 pending lawsuits against Purdue and related companies. The lawsuits were later consolidated into one class action lawsuit in Ohio. By 2023, several other pharmaceutical companies were facing numerous lawsuits.
For example, Indivior agreed to pay $102 million to settle claims, and distributors such as Walgreens have also been caught up in the storm and have had to pay millions of dollars in compensation for their negligence in dispensing drugs.
When To File a Lawsuit
Anyone who has suffered harm as a result of prescription opioids can file a lawsuit against a responsible party, who can be the manufacturer, distributor, and, in some cases, the doctor.
Doctors who fail to exercise due diligence in their prescription can also carry liability for harm suffered, in which case the victim may have to file a medical malpractice claim.
Currently, you cannot file a lawsuit against Purdue Pharma because it’s protected under Chapter 11 unchancy laws, and most personal injury lawyers are not taking lawsuits against the company.
Prescription Opioid Lawsuit Timelines
If you have suffered harm from prescription opioids, you could be looking to get over with the claims process as soon as possible, but the process may not always play out as you hope it would.
Your lawyer can attempt to settle your case outside of court first, that is, before filing a lawsuit. This often comes after sending the demand letter to the defendant, and they reach out with an offer to settle. If not, you will have to file a lawsuit. However, filing a lawsuit doesn’t always mean you will go all the way to trial; in fact, most personal injury claims do not. Instead, the parties reach a consensus after the discovery phase primarily because after the phase, each side has a clearer view of their odds.
If you can’t reach a consensus in negotiations, mediation can help, but there are no guarantees. In the worst-case scenario, the case goes to trial, which can take years to reach its conclusion.
Conclusion
The opioid crisis has caused immense harm, and while pharmaceutical companies like Purdue Pharma have faced legal consequences, victims are still seeking justice. If you’ve been impacted by prescription opioids, consulting a personal injury attorney is crucial. Although the legal process can be lengthy, filing a lawsuit is a vital step toward holding those responsible accountable and securing the compensation you deserve. Stay informed and take action to support your recovery and fight for justice.
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