Serving Whitman County since 1877
Serving Whitman County since 1877
Whitman County commissioners voted Monday to join a lawsuit by Washington counties against Purdue Pharma, a pharmaceuticals company which makes the painkiller OxyContin, an opioid whose misuse use has contributed to an epidemic of deaths across the country.
With a 2-1 vote, the county joins 11 others in Washington so far on a legal contingency fee agreement which seeks to recoup costs of opioid abuse.
The suit contends, in part, that Purdue, based in Stamford, Conn., misled doctors and the public with deceptive marketing of the drug.
The state of Washington had nearly 700 opioid-related deaths in 2016, of which the state health department has estimated prescriptions were involved in 60 percent.
Whitman County Commissioner Michael Largent explained that without a “yes” vote any proceeds would go to other entities who are suing, such as the State of Washington, which has filed a separate, similar suit.
“I’d rather have Whitman County see the money rather than the state,” Largent said.
The contingency format means attorneys only get paid if they win, or settle for damages. The lead firm is Keller Rohrbach, LLP, based in Seattle.
The matter was first brought to county commissioners’ attention in April by Prosecutor Denis Tracy.
Commissioner Art Swannack cast the “no” vote. He explained his opposition stems from concern about access to medications for patients suffering with chronic pain, the potential to add unnecessary regulation and bureaucracy, and that the issue is a problem which had previous oversight which failed.
“This should’ve been solved by the FDA,” Swannack said. “You could now end up with a situation where the medicine is not available when it’s necessary. You’re setting up doctors that won’t prescribe it when it’s needed.
He added that his vote takes “nothing away” from the concerns of the other two commissioners.
“They have a valid point,” he commented.
The state of Washington’s suit was filed last September by State Attorney General Bob Ferguson, asserting that Purdue Pharma downplayed the risks associated with OxyContin and alleges that the company’s marketing practices played a role in it being over-prescribed by doctors.
“It’s kind of like the big cigarette suit,” said Kinzer. “If you don’t join in... We’re standing in line to get some renumeration. It costs the county some bucks for people who are addicted to go through the system.”
The suit seeks damages for items such as increased cost of jail beds, medical care for jail inmates, training and equipment for EMTs, firefighters and police.
“The health department and county jail would have seen the biggest impact that’s measurable,” said Prosecutor Tracy, who has no stake or role in the case.
“Societal costs, too,” Kinzer said. “You get someone out there not contributing, and they need psychological or medical care, it’s a tremendous burden on all of us.”
Each county participating in the effort has a separate suit. Whitman County’s is expected to be filed in June or July.
It will go to the federal District Court of Eastern Washington, which will then refer it to a designated federal court in Ohio, which has been assigned the nationwide opioid manufacturers’ lawsuits.
Garth Meyer is a former Whitman County Gazette reporter.
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