About 75 municipalities in the commonwealth and hundreds of municipalities in other states have joined together in a the suit against opioid manufacturers and distributors.
Jeanna Shepard

Towns Consider Joining Federal Opioid Case

About 75 municipalities in the commonwealth and hundreds in other states have joined a lawsuit against opioid manufacturers and distributors.

Island towns are considering joining multi-district litigation to fight prescription opioid manufacturers and distributors.

“This is a problem that really we are all dealing with, and the expenses have filtered down to municipalities,” said Lauren Goldberg, an attorney with the firm KP Law, who briefed West Tisbury selectmen on the case Thursday evening. “You speak to firefighters, and they will tell you that before they used to respond to fires. Now, they respond to overdoses.”

Representatives from other towns including Chilmark selectman Jim Malkin, Chilmark town administrator Tim Carroll, Aquinnah town administrator Jeffrey Madison, Aquinnah selectman Jim Newman, and Oak Bluffs selectman Michael Santoro were also at the meeting.

Ms. Goldberg said about 75 municipalities in the commonwealth and hundreds of municipalities in other states had already joined the lawsuit, which is being litigated in a federal court in Ohio. The complaint alleges that opioid manufacturers and distributors knew the substances were addictive and chose to aggressively market them as safe anyway, creating an addiction cycle that benefitted their business. It also alleges the companies failed to report suspicious orders of the drugs.

Plaintiffs in the case argue that municipalities have born the burden of significant costs from the opioid crisis, and those costs are not limited to loss of life from overdoses. Attorneys point to education expenses, the cost of the overdose reversal drug Narcan, costs associated with welfare services for children of addicts, and the cost of addiction task forces as examples of damages.

Ms. Goldberg said joining the lawsuit would cost towns nothing, and she was optimistic about winning a settlement from the pharmaceutical companies.

“It is anticipated that there will be two types of recovery: one going back for what you’ve spent, and one looking forward, a kind of fund to pay for education, ongoing public safety and enforcement costs, and treatment costs,” she said.

Joining the case would also make a powerful political statement, she said.

She said if the complaint is unsuccessful, towns would not be responsible for expenses. The only potential cost to towns would be associated with compiling data for the case.

After Ms. Goldberg outlined the case for about 30 minutes, selectmen had questions. West Tisbury chairman Skipper Manter was curious why the case targeted the pharmaceutical companies rather than the doctors who write prescriptions for opioids or the insurance companies who pay for the prescriptions.

“Sometimes I don’t think you’re going after the doctors hard enough,” he said. “I think that’s where most of the focus needs to be,” he said.

West Tisbury selectman Cynthia Mitchell asked how settlement funds for future expenses would be distributed among towns. Ms. Goldberg said that formula was yet to be formally determined.

The other town representatives had multiple questions for Ms. Goldberg as well, but conversation about the issue was cut short because the room at the Howes House was needed for another meeting.

In other business, selectmen revisited the possibility of creating a so-called host community agreement with the Island’s first medical marijuana dispensary before it opens for business. Other towns in the commonwealth have used such agreements to require dispensaries to pay thousands of dollars in extra fees each year, citing extra law enforcement and public health expenses associated with marijuana.

Selectmen seemed to prefer to wait and see what kind of costs might arise before charging the dispensary in a host agreement.

“It’s very hard to put a finger on something that doesn’t exist yet,” said Mr. Manter. “I don’t see this particular business putting any more financial burden on our existing resources than any other business.”

“There’s one difference,” said town attorney Ron Rappaport. “We couldn’t tax any other business because it would violate Massachusetts law. But Massachusetts law says that we can tax this business.”

Geoff Rose, owner of the medical marijuana facility in question, attended the meeting and disputed whether host community agreements are currently required, citing Department of Public Health regulations. Selectmen said the agreements are allowed whether they are required or not.

Given the uncertainty about exactly what kind of costs could arise related to the business, selectmen asked Mr. Rappaport to draft an agreement that charges a modest fee for the first year and allows for review each year.

Comments

Submitted by Anonymous (not verified) on Tue, 04/03/2018 - 06:21

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Greg Boston

I’m afraid these large class action suits are really for the lawyers to make money. Of course it costs the towns nothing as they pocket a good percentage of the take upon settlement. Then the towns gett Their small percentage. What I’m worried about if we sue drug and doctors, when the time does come where I may need pain medication, an aspirin is all I will get.

Submitted by Anonymous (not verified) on Tue, 04/03/2018 - 10:52

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lisa nagy MD Vineyard Haven

I think since the origin of the addiction crisis might be environmental exposure is sick buildings which damage the autonomic nervous and endocrine system of teens in the high school and others on island that we might look inward instead of outward as to placing blame for not addressing the cause instead of presuming it is exposure to opiates that causes addiction rather than self medication of physical illness in these patients.
I speak at NIIH, on Netflix and in government meetings as well as congress on Veteran's health on this subject.
Addicted kidds I have seen are all Addisonian (no stress hormone) and tachycardic on standing. Doctors here should learn this part of the physical exam and medical work up to address the cause of the problem.

Submitted by Anonymous (not verified) on Tue, 04/03/2018 - 11:12

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Jesse Dennerlein Clearwater

The Drug companies have been pushing dangerous drugs for years, the opioid crisis is just one of them more obvious problems, they have teams of staffers who work to hide these problems and keep the profits rolling in. For example, they clearly list violence thoughts, suicide, and homicide as side effects of their psychiatric drugs, we see the effects of this with the increased number of school shootings and mass violence that is occurring from people either currently on or recently on these drugs. The drug companies need to be held accountable for what they are creating.

Submitted by Anonymous (not verified) on Tue, 04/03/2018 - 12:24

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paul adler west tisbury

Most countries in the world are way ahead of us. Only low dose opioids are allowed under strict supervision. The stronger opioids like Oxycodone, and others, are outlawed. My wife broke her wrist last year and was given a 60 day supply of Oxycodone, which she did not take. Had she taken them she would most likely be in a rehab right now.

Submitted by jaldeborgh (not verified) on Tue, 04/03/2018 - 15:06

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John Aldeborgh Edgartown, MA

Yes, let's go after the Doctors, while we open a Marijuana shop and make it available to everyone because we can tax it. Am I the only one to see the irony in this, if you don't believe dope smoking will lead some percentage of the population to harder drugs, your on dope and were never a teenager. Drugs, alcohol or cigarettes, if you have an addictive personality you will become dependent on any of these and that will almost always end poorly. The discussion on drugs (alcohol and cigarettes) should be about parenting, values and personal responsibility, that's the root cause. Most young people experiment, some more than others, but ultimately their values come into play and they straighten out, I have three daughters, I've watched this unfold with each of them. Like most good things in life, the root of everything remains values, parenting and personal responsibility. I'm sure a class action law suite will solve everything, it always does... not. The lawyers will profit and no one else.

Downislander

I agree with a few of your points John, however, you are simplifying a very complex problem. This isn’t just about teenage experimentation or parental responsibility. There are thousands of veterans who have become addicted to opiods because of overprescription. My own elderly mother, who suffers from degenerative arthritis, became dangerously dependent on her prescription of oxycodone. She was smart enough to recognize what was happening and got help via pain clinics and reduced dosage over time. I was also offered a prescription for oxycodone for menstral cramps! I refused. Then there was my 19 year old daughter who was given a prescription for 20 percosets for wisdom teeth extraction. There is no way she needed 20 percoset for that. These pills are everywhere. And doctors have become the new pushers. So please don’t be calling people dopes because you do not fully understand the scope of this epidemic.

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