PBCBA BAR BULLETINS pbcba_bulletin_may 2018 | Page 14

MASS TORTS C o r n e r Individual Wrongful Death Actions are Appropriate for Inclusion In JOSEPH OSBORNE re: National Prescription Opiate Litigation , MDL No. 2804 A rapidly growing series of lawsuits, which originated as public nuisance claims, involves governments suing pharmaceutical manufacturers, distributors, and pharmacies over the costs associated with treating and fighting prescription opioid abuse in their communities. Prescribing practices for opioids were liberalized in the 1990s to relieve undertreated pain, but, in the past few years, opioid addiction and abuse has become a national concern. Several years ago, individuals brought personal injury or wrongful death claims against many of the manufacturers of opioids, but courts concluded that responsibility for prescription drug abuse largely rested with the physicians who overprescribed the painkillers and the individuals who took the drugs, many of which were obtained illegally. South Florida has been hit particularly hard by the opioid crisis. A report by the Florida Medical Examiner’s Office found opioid-related deaths in the state increased 35 percent from 2016 to 2017. The majority of opioid lawsuits to date have been initiated by states, counties and cities. Those lawsuits seek to recover increased costs the states and municipalities allegedly incurred as a result of opioid addiction — e.g., costs associated with diagnosis and treatment of opioid addiction and overdose, increased law enforcement and police operations, and higher demands on hospitals, emergency rooms and prisons. The U.S. Judicial Panel on Multidistrict Litigation consolidated more than 100 lawsuits filed by counties, cities and other parties against opioid manufacturer and distributors into the In re: National Prescription Opiate Litigation MDL No. 2804 on December 4, 2017. The JPML assigned US District Judge Daniel Polster in the Northern District of Ohio to supervise the litigation. On February 1, 2018, a transfer order was entered in Hughes v. Mallinckrodtbrand Pharmaceuticals, Inc, et al., C.A. No. 4:17- 2426, finding, in relevant part: When we decided to create this MDL, we noted that, although the cases on the initial transfer motion were brought by political subdivisions, there were potential tag-along actions brought by individuals, consumers, hospitals and third-party payors. Id. at *3. Further, we recognized that “this litigation might evolve to include additional categories of plaintiffs and defendants, as well as different types of claims.” Id. The question now before us in Hughes is whether individual wrongful death actions are appropriate for inclusion in MDL No. 2804. We hold that, at this early stage, they are. Plaintiff in Hughes alleges that manufacturers of various prescription opioid medications improperly marketed and failed to warn about the unreasonably dangerous or defective nature of those drugs. Hughes therefore falls within the MDL’s ambit. The Plaintiff in Hughes brought her claims against manufacturers of opioid medications, healthcare entities and a physician for the death of her son who allegedly died as a result of an accidental overdose of Fentanyl and Methadone. The holding that individual personal injury and wrongful death actions are appropriate for inclusion in the MDL represents an been expanded and evolving avenue for Plaintiffs to pursue. LET’S CREATE A WIN -WIN RELATIONSHIP! If YOU need CLIENTS WE need YOU! Join Today Lawyer Referral for more information visit: www.palmbeachbar.org -or- email: [email protected] PALMBEACHBAR.ORG 14