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. - --- MAP posted-by: Larry Seguin