A.F. McCaulley is a retired coal miner who went to the doctor last year with
a sore shoulder, was given the painkiller OxyContin, and quickly became addicted
after taking just one pill.
Cathy Helton is a mother of two who wound up in jail for forging checks to
support her OxyContin addiction, which began when she was prescribed the drug
following a hysterectomy.
Carol Wagnoner is raising her two young granddaughters after their mother,
an OxyContin addict, deserted the children.
Those stories are just some of the allegations in a lawsuit brought last week
against Purdue Pharma, the Connecticut company that manufactures OxyContin.
Attorneys who filed the $5.2 billion suit in Lee County Circuit Court hope
to expand it into a class-action proceeding on behalf of anyone harmed by OxyContin.
Based on the reaction so far, they said Monday, it won't be hard to find additional
plaintiffs.
Purdue Pharma, maker of the drug Oxycontin, said the suit's allegations are
"completely baseless."
Attorneys involved in the lawsuit likened it to the massive litigation brought
against tobacco companies for selling a product they knew was a health risk.
"We've had phone calls all day long about it," said Abingdon attorney
Strother Smith, who estimated the suit might benefit 100,000 Virginians in the
area west of Roanoke.
Far Southwest Virginia was the first part of the state to experience problems
with OxyContin, which is easily converted into a street drug by addicts who
crush the pills and snort or inject the powder. At least 37 people in the region
have died from overdoses of oxycodone, the active ingredient in OxyContin, and
police say they have been overwhelmed by addicts who turn to crime to support
their habits.
Pharmaceutical companies such as Purdue Pharma "are corporate drug lords
who have and are inflicting pain throughout Southwest Virginia and the nation,
and they should be held accountable," said Emmitt Yeary, another Abingdon
attorney who joined forces with Smith and the Washington, D.C., firm of Henrichsen
Siegel in bringing suit.
The suit accuses Purdue Pharma, which sold more than $1 billion worth of OxyContin
last year, of touting its product as a cure-all treatment for moderate to severe
pain while turning a blind eye to its addictive side.
The company "continues to make false and fraudulent misrepresentations
because their appetite for significant future profits far outweighs their concern
for the health and safety of the citizens of Virginia," the suit claims.
Also named as defendants in the lawsuit are Abbott Laboratories, a Chicago-based
company that helped market and distribute OxyContin, and two physicians accused
of excessively prescribing the drug.
One of the lawsuit's main allegations is that Purdue Pharma heavily marketed
OxyContin while downplaying the addictive risks of the drug, which is derived
from opium. But the lawsuit also makes other claims: violation of the Virginia
Consumer Protection Act; negligence; creation of a public nuisance; false advertising;
conspiracy, and breach of implied warranty.
Earlier this month, West Virginia's attorney general filed suit against Purdue
Pharma, claiming that its intensive marketing influenced doctors to over prescribe
the drug.
Virginia does not plan to take similar legal action.
"A lawsuit against the manufacturer over its marketing practices years
ago will not help stop the illegal use of OxyContin," Randy Davis, spokesman
for acting Attorney General Randolph Beales, said last week.
If you or someone you know has been harmed by Oxycontin and wish to find out
more information about your legal rights, simply fill out the form below or
choose the state in which you would like to contact one of our attorneys. After
you submit your information, we'll match you with a lawyer in your area who
will contact you directly to discuss your legal needs.
Attorney Lawyer Network is a resource for contacting
Oxycontin attorneys regarding your legal issues, including the
elements of a Oxycontin lawsuit, the types of
Oxycontin claims that can be filed, and how to choose a
Oxycontin lawyer.
South Carolina Oxycontin Attorneys
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