Pubdate: Thu, 12 Jul 2001 Source: Bristol Herald Courier (VA) Copyright: 2001 Bristol Herald Courier Contact: http://www.bristolnews.com/contact.html Website: http://www.bristolnews.com/ Details: http://www.mapinc.org/media/1211 Author: Lee Davenport, Bristol Herald Courier Bookmark: http://www.mapinc.org/find?186 (Oxycontin) PURDUE PHARMA TO SEEK A DISMISSAL OF A MULTIBILLION-DOLLAR CLASS-ACTION LAWSUIT JONESVILLE -- Purdue Pharma will seek a dismissal of a multibillion-dollar class-action lawsuit on grounds that state law does not permit them, the drug-maker's local attorney said Wednesday. Seven Southwest Virginians filed the suit last month claiming they have suffered in some way due to abuse of Purdue's painkiller OxyContin. They claim the company aggressively marketed the drug while downplaying its risks. Abingdon attorney William Eskridge, who represents the Connecticut drug-maker, called the suit "irresponsible, unfounded and legally flawed." He filed a response to the suit Wednesday in Circuit Court here. "Virginia state law does not permit class-action lawsuits. On these and other grounds, Purdue Pharma will seek to have the case dismissed," Eskridge said. "At the heart of this litigation is a transparent effort to demonize Purdue Pharma and exploit the adverse publicity surrounding OxyContin, which will only end up hurting legitimate pain patients," he said. The drug -- a synthetic morphine used to treat severe, chronic pain -- has been linked to more than 120 deaths nationwide, and more than three dozen Southwest Virginians have died of overdoses, authorities say. It is a time-release formulation of the narcotic oxycodone. Authorities say many addicts abuse the drug by removing its protective coating, releasing 12 hours worth of painkilling power at once. The lawsuit, filed in Lee County Circuit Court, came on the heels of a similar suit filed a week earlier by West Virginia officials asserting that Purdue used coercive tactics to convince doctors and pharmacists to overprescribe the drug. Also named in the Virginia suit are Dr. Richard Norton, a former Lee County Community Hospital emergency room doctor now serving a federal prison sentence in South Carolina for embezzling money from the hospital, and Dr. Shireen Brohi, who practices for Merritt Medical Group in Lebanon. Both are accused of leading patients to addiction by needlessly prescribing the potent drug. Brohi declined comment Wednesday, referring questions to her attorney, Walt Peake of Roanoke, who did not immediately return telephone calls. OxyContin abuse "is growing like a cancer, like a wildfire," Abingdon attorney Emmitt Yeary, who represents the plaintiffs, said last month. "There are just countless ways the drug is injuring all people." The suit calls for Purdue to pay more than $5.2 billion in compensatory damages to the plaintiffs and would require the pharmaceutical giant to set up rehabilitation facilities in the region and provide ongoing medical monitoring for patients using the drug. Plaintiffs include a stay-at-home mother who was prescribed OxyContin after a hysterectomy and became addicted. Her marriage ended and she spent four months in jail after forging checks to get drug money, according to the suit. Another is a Bristol Virginia grandmother who filed suit on behalf of her granddaughters, who, according to the lawsuit, were abandoned by their mother after she became addicted. The plaintiffs' lawyers could not be reached Wednesday night for comment on the response. - --- MAP posted-by: Terry Liittschwager