Detroit, Macomb County sue drug companies over opioid epidemic: 'Enough is enough'

• Leaders say the epidemic causes hundreds of deaths each year.
• Suit claims drugmakers misled doctors about the addictive nature of opioids.
• Upper Peninsula counties join suit as well.

Detroit and Macomb County are the latest local governmental entities to sue drugmakers for the costs of the opioid epidemic, accusing pharmaceutical companies of recklessly selling addictive pills.

On Tuesday, Detroit Mayor Mike Duggan and Macomb County Executive Mark Hackel announced the lawsuit, which includes the cities of Lansing and Escanaba as well as Chippewa, Delta, Grand Traverse, Genesee and Saginaw counties.

"It's not that we want to profit from litigation, we want to stop it through litigation," Hackel said, noting that opioid-related deaths in his county rose 134% to 202 in 2016. A similar increase this year would push the annual death toll to more than 400, more than one a day, he said.

"Enough is enough."

Duggan said the epidemic is widespread and takes a massive toll in Detroit and across the country. About 300 people died in Detroit last year from opioid abuse and related conditions.

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"There is a financial burden, but there's a bigger human burden," Duggan said. "I've heard the story from so many people. A loved one goes into the hospital for a surgery or some other medical procedure and they end up with an addiction that can severely damage their life."

The two county leaders spoke inside the autopsy suite of the Macomb County Medical Examiner's Office, in front of a steel door that leads to a cooler where corpses are stored. The scent of bleach hung in the air, a reminder of where many addicts end up.

The suit targets not only large pharmaceutical companies such as Perdue, Cephalon, Teva and Endo, but also distributors like McKesson and Cardinal Health, and even drug stores like Walgreens, CVS and Rite Aide.

"They were telling the doctors that opioids are not addictive or minimally addictive," said Mark Bernstein, whose family firm, along with the Detroit firm of Weitz & Luxenberg, are litigating the case on a contingency basis.

Bernstein likened the behavior of the drug companies to that of tobacco companies years ago, which attempted to downplay the health risks of smoking.

"There were two addictions here," Bernstein said. "The addiction of the patients, but also the addiction to profits by these drug companies."

The suit is filed in U.S. District Court in Detroit. It seeks unspecified damages and a change to the marketing and proscribing practices of opioids.

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Nick McGee, spokesmen for PhRMA, the Pharmaceutical Research and Manufacturers of America, represents leading U.S. bio-pharmaceutical research companies, declined to comment specifically on the litigation.

McGee cited PhRMA's announcement earlier this month of a multi-year, multimillion-dollar initiative to address the opioid crisis, including partnering with Addiction Policy Forum to fund state and local programs; supporting policies including opioid supply limits and prescriber training; and working with the federal government on the development of non-opioid pain medications and new medication-assisted treatments for addiction recovery.

PhRMA has a "commitment to working with health care stakeholders, policy makers, and others to help prevent the misuse, abuse and diversion of prescription medicine," he said.

John Parker, Senior Vice President of the Healthcare Distribution Alliance, a national trade association which represents distributors, said the lawsuit misrepresents the industry's role.

"We don’t make medicines, market medicines, prescribe medicines, or dispense them to consumers," Parker said in a statement. "We are deeply engaged in the issue and are taking our own steps to be part of the solution – but we aren’t willing to be scapegoats." 
 
The industry exists to safely and securely store and transport medicines, Parker said.
 
“Given our role, the idea that distributors are solely responsible for the number of opioid prescriptions written defies common sense and lacks understanding of how the pharmaceutical supply chain actually works and how it is regulated," he said.

The lawsuit comes two months after Oakland and Wayne counties announced a similar suit for the costs they have incurred responding to the opioid crisis. 

Wayne County Executive Warren Evans said his county logged 817 opioid-related deaths in 2016, up from 506 in 2015. Oakland County reported 165 opioid-related deaths in 2016, according to the lawsuit.

Free Press Staff Writer Keith Matheny contributed to this report. Contact John Wisely: 248-858-2262 or jwisely@freepress.com. On Twitter @jwisely