Pubdate: Fri, 23 Aug 2002
Source: Charleston Daily Mail (WV)
Copyright: 2002 Charleston Daily Mail
Contact:  http://www.dailymail.com/
Details: http://www.mapinc.org/media/76

PERSONAL

People have to take responsibility for the consequences of their acts 
Friday August 23, 2002; 09:13 AM Rebecca Allen, 41, of Fairlea, who had 
injected OxyContin, died. Lawyer Ed ReBrook of Hunt and Serreno in 
Charleston sued Purdue Pharma, the manufacturer of the drug, on behalf of 
Brian W. Allen, the administrator of Rebecca Allen's estate.

The suit contended that the company "negligently manufactured and 
aggressively promoted and sold Oxycontin to pharmacies and physicians in 
West Virginia, and that, unbeknownst to those residents of West Virginia, 
including Plaintiff, but known to the manufacturer" the drug was 
unreasonably dangerous.

Lawyer Henry Jernigan of Dinsmore and Shohl of Cincinnati represented the 
company. He contended Allen caused her own death.

"The plaintiff, having crushed and injected the OxyContin, destroyed the 
safeguards from that product, thus resulting in her own death," he said. 
Greenbrier Circuit Judge James J. Rowe sided with common sense and 
dismissed the case.

The death of a 41-year-old woman is unquestionably a tragedy.

But the court made an important finding here, and it should resound 
throughout society: No matter how one structures society, people must take 
responsibility for the consequences of their own actions.

Rowe found that neither the manufacturing nor the distribution of the drug 
caused Mrs. Allen's death. He found that her own actions, or those of her 
husband, caused her death.

"There are no disputed material facts on the issue of what caused Mrs. 
Allen's death," he said. "The facts are undisputed. The intravenous 
injection of OxyContin into Mrs. Allen by herself or her husband caused 
Mrs. Allen's death. There is simply no evidence to the contrary.

"The facts show that the plaintiff (Brian Allen) and Mrs. Allen willfully 
and purposefully ignored and circumvented all safety measures put in place 
by Defendant," he wrote.

"Though the various warnings provided by the Defendant clearly laid out the 
possibility that their actions could lead to a fatal overdose, Plaintiff 
and Mrs. Allen proceeded to crush, liquefy and inject the OxyContin into 
Mrs. Allen's veins.

"Finally, the undisputed facts show that Mrs. Allen was already a drug 
abuser when the OxyContin was legally prescribed to her," the judge ruled.

Her husband said she smoked marijuana, injected cocaine, and used morphine 
and other pain medications.

The liberty guaranteed to Americans under the Constitution produces many 
benefits. Among them is a private sector that develops most of the 
pharmaceutical breakthroughs from which the world benefits. OxyContin is a 
godsend to people who must live with intractable pain.

But liberty is a double-edged sword. Individuals are responsible for what 
they do with their freedom.

The modern American habit of looking for some deep pocket to pay for the 
consequences of personal folly needs to stop.
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MAP posted-by: Jay Bergstrom