Pubdate: Sat, 02 Aug 2003
Source: Charleston Daily Mail (WV)
Copyright: 2003 Charleston Daily Mail
Contact:  http://www.dailymail.com/
Details: http://www.mapinc.org/media/76
Author: Associated Press
Bookmark: http://www.mapinc.org/oxycontin.htm 
Bookmark: http://www.mapinc.org/topics/Purdue+Pharma 

SOME OXYCONTIN SUITS DROPPED 

Executive For Drug Maker Expects More Dismissals

STAMFORD,Conn. -- Seven lawsuits filed against Purdue Pharma claiming personal
injuries caused by use of the powerful painkiller Oxycontin have been
dismissed in the past month, the company said.

Purdue Pharma said it has not paid any settlements involving dismissed
cases and no cases have resulted in judgments against the company.

A total of 36 Oxycontin cases have been dismissed, Purdue Pharma said.
The recently dismissed cases were filed in federal and state courts in
Florida, Mississippi and West Virginia.

"We are gratified that these lawsuits have ended in our favor," said
Howard Udell, executive vice president and chief legal officer at the
Stamford-based company. "While we sympathize with people who are
struggling with substance abuse disorders, we firmly believe that the
injuries claimed in these lawsuits were not caused by the proper
medical use of OxyContin."

Purdue Pharma has been criticized for the misuse of OxyContin, which
had annual sales of more than $1 billion in 2000 and is the company's
best-selling product.

Hailed as a breakthrough in the treatment of severe chronic pain when
it was released in 1996, the drug became a problem after users
discovered that crushing the time-release tablets and snorting or
injecting the contents can yield an immediate, intense high, similar
to heroin.

The drug, intended for use by terminal cancer patients and chronic
pain sufferers, has been widely abused in some parts of the country.
If taken properly, Oxycontin's active ingredient is released slowly
into the body.

About 285 lawsuits are still pending against Purdue Pharma in
connection with OxyContin, said Tim Bannon, a company spokesman. But
he said the company detects a pattern of dismissals and is confident
it will prevail in the pending cases as well.

An attorney in Ohio disagrees. Stanley Chesley, who is representing
plaintiffs in a class action suit against Purdue Pharma, said the
plaintiffs have developed a strong case.

"Purdue's own documents are very compelling against them," Chesley
said. "If they believe they have no liability, let them try our case
on the substantive issues instead of trying to get it dismissed on
procedural technicalities."

The lawsuit Chesley is involved in accuses Purdue Pharma and Abbott
Laboratories of irresponsibly marketing OxyContin for wide use
"despite knowing that OxyContin was unsuited for most patients."

The 12th Ohio District Court of Appeals affirmed the lawsuit, which
excludes people who obtained the drug illegally, can move forward as a
class action on behalf of Ohio residents who say they were injured by
the narcotic.

The companies have denied the allegations and argued that OxyContin
should be challenged one person at time because users' situations vary.

The drug's package insert starts with a warning that it is "controlled
substance with an abuse liability similar to morphine." It also says
it should be used only for "moderate to severe pain" that needs
24-hour control.

Bannon has said an appeal is planned. He also said the ruling
addresses only the suit's class-action status, not the merits of its
allegations, and believes the company will prevail.

As for the dismissed lawsuits, Purdue Pharma said investigation of the
facts behind the litigation showed that OxyContin did not cause the
injuries claimed by plaintiffs.

Company officials said they are working with law enforcement and
health care officials to keep the medicines out of the wrong hands
while making sure they remain available to patients who need them.
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MAP posted-by: Larry Seguin