WVU Medicine Reynolds Memorial Hospital Among Hospitals Suing ‘Big Pharma’
Pharmaceutical companies targeted over opioid crisis
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WHEELING -- WVU Medicine Reynolds Memorial Hospital is among numerous West Virginia hospitals suing multiple pharmaceutical companies for accountability and economic damages stemming from the opioid crisis.
Attorneys representing more than 20 hospitals filed a 331-page civil complaint Monday in Marshall County Circuit Court against defendants that include major pharmaceutical companies, distributors, national retail pharmacies and individuals associated with drug firms.
Plaintiffs' lawyers include Robert P. Fitzsimmons, Clayton J. Fitzsimmons and Mark Colantonio of Fitzsimmons Law Firm, PLLC of Wheeling. Robert P. Fitzsimmons said lawyers from two other West Virginia law firms are also representing the hospitals. They are Timothy R. Linkous and Brent P. Copenhaver of Linkous Law, PLLC of Morgantown and Stephen B. Farmer of Farmer, Cline & Campbell, PLLC of Charleston.
The suit alleges hospitals "are struggling from the relentless and crushing financial burdens caused by the epidemic of opioid addiction."
"Hospitals -- legally and morally-- are compelled to act and treat patients with opioid-related conditions and, as a result, are directly and monetarily damaged by the opioid epidemic," the lawsuit alleges. "In addition to the cost of the opioid drugs themselves, hospitals have incurred and continue to incur millions of dollars in damages for the costs of uncompensated care as a result of the unlawful marketing, distribution and sale of opioids. Arguably, more than any other institution, hospitals directly and monetarily bear the brunt of the opioid crisis."
Clayton Fitzsimmons said the lawsuit illustrates the significance of the problem.
"I would say that it's unique in the sense that the hospital industry across the state consolidated to take on pharmaceutical companies and opioid suppliers," he said. "To my knowledge, there has not been anything as extensive as this complaint."
The civil case, which has been assigned to Circuit Judge David W. Hummel Jr., represents "a unified and consolidated effort by West Virginia hospitals to take on the pharmaceutical industry," Clayton Fitzsimmons said.
Asked what the hospitals hope to accomplish, he said, "First and foremost is accountability … They also suffered direct economic damages."
The plaintiffs are seeking compensatory, treble and punitive damages, as well as court costs and "equitable relief against defendants."
"For hospitals, their damages are really direct," Colantonio said. "They are on the front lines of treating the problem. They treat the consequences on a daily basis … They obviously want to remedy and address the opioid epidemic that has ravaged our communities."
Colantonio called it "a huge problem for West Virginia."
"We believe, at this point, the hospitals have been kind of overlooked, especially in West Virginia. It's our hope that this may be one of the steps that may help to eliminate and address the opioid problem in this state," he said.
Hospitals are impacted dramatically because their employees serve as caregivers to people affected by the opioid crisis, he said. These patients include babies born with Neonatal Abstinence Syndrome and people who have specific types of diseases related to opioid abuse.
Colantonio thinks hospitals "need to be a big part of the solution" to the national epidemic.
The suit alleges: "The marketing defendants and supply chain defendants extract billions of dollars of revenue from the addicted American public while hospitals sustain tens of millions of dollars in losses caused as a result of the reasonably foreseeable consequences of the prescription opioid addiction epidemic. In fact, defendants depend on hospitals to mitigate the health consequences of their illegal activities -- at no cost to defendants-- thereby permitting defendants to perpetuate their wrongful scheme."
Robert P. Fitzsimmons said some hospitals in Kentucky have joined the West Virginia hospitals to seek damages related to the opioid crisis.
"Several law firms have joined the filing. We're not the only lawyers involved," he said.
The plaintiffs are West Virginia University Hospitals Inc.; Appalachian Regional Healthcare Inc.; Bluefield Hospital Co., LLC; Charleston Area Medical Center Inc.; Davis Memorial Hospital; Broaddus Hospital Association; Webster County Memorial Hospital Inc.; Grafton City Hospital Inc.; Greenbrier VMC, LLC; Monongalia County General Hospital Co.; Preston Memorial Hospital Corp.; Stonewall Jackson Memorial Hospital Co.; Oak Hill Hospital Corp., doing business as Plateau Medical Center; Camden-Clark Memorial Hospital Corp. of Parkersburg; The Charles Town General Hospital; City Hospital Inc. of Martinsburg; Potomac Valley Hospital of W.Va. Inc., Keyser; Reynolds Memorial Hospital Inc. of Glen Dale; St. Joseph's Hospital of Buckhannon Inc. and United Hospital Center Inc., Bridgeport, W.Va.
The suit alleges, "Over the years, plaintiffs have responded to the changing demands of rural health care. But the opioid epidemic has challenged its leadership skills, taxed its resources and threatened its ability to provide quality health care to all in need."
The hospitals contend they treat numerous patients for opioid-related conditions and incur substantial unreimbursed costs for treatment of these patients.
Defendants are Purdue Pharma L.P.; Purdue Pharma Inc.; The Purdue Frederick Co.; Richard Sackler; Beverly Sackler; David Sackler; Ilene Sackler Lefcourt; Jonathan Sackler; Kathe Sackler; Mortimer D.A. Sackler; Theresa Sackler; John Stewart; Mark Timney; Craig Landau; Russell Gasdia; Mark Radcliffe; Mark Ross; Patty Carnes; Amneal Pharmaceuticals, LLC; Amneal Pharmaceuticals Inc.; Teva Pharmaceutical Industries Ltd.; Teva Pharmaceuticals USA Inc.; Cephalon Inc.; Johnson & Johnson; Janssen Pharmaceuticals Inc.; Ortho-Mcneil-Janssen Pharmaceuticals Inc., now known as Janssen Pharmaceuticals Inc.; Janssen Pharmaceutica Inc., now known as Janssen Pharmaceuticals Inc.; Abbott Laboratories; Abbott Laboratories Inc.; Assertio Therapeutics Inc.; Endo Health Solutions Inc.; Endo Pharmaceuticals Inc.; Mallinckrodt, LLC; Insys Therapeutics Inc.; Mallinckrodt Plc; SpecGx, LLC; Allergan Plc; Watson Laboratories Inc.; Actavis LLC; Actavis Pharma Inc.; Anda Inc.; H.D. Smith, LLC, formerly known as H.D. Smith Wholesale Drug Co.; Henry Schein Inc.; AmerisourceBergen Drug Corp.; Miami-Luken Inc.; Cardinal Health Inc.; Rite Aid of Maryland Inc.; The Kroger Co.; Kroger Limited Partnership II; CVS Health Corp.; CVS Pharmacy Inc.; CVS Indiana, L.L.C.; Wal-Mart Inc.; Wal-Mart Stores East, LP; Noramco Inc. and Carl N. Hooker of Marshall County.
According to the complaint, Hooker pleaded guilty in U.S. District Court to conspiring with others to distribute oxycodone from 2009 to November 2017 in Marshall County and/or within the areas served by plaintiffs.
Nineteen other lawyers are serving as additional counsel for all plaintiffs. Colantonio said one of them, John W. "Don" Barrett of Mississippi, is the lead laywer with hospitals in national opioid litigation in Cleveland.