Avoyelles Police Jury votes to file suit against drug companies

There was almost as many not voting as voting, but the Avoyelles Police Jury has joined a growing list of government agencies -- including the Avoyelles Sheriff’s Office -- in filing suit against manufacturers of painkillers.

Attorney Derrick “Digger” Earles addressed the jury at its Oct. 10 meeting to convince the Police Jury to file suit against pharmaceutical companies that make drugs known as “opioids.”

NO COST TO POLICE JURY

Earles told jurors that his firm will not be charging the parish for its services in the suit.

“This is on a contingency basis,” Earles said, meaning the lawyers will only get paid if they win and will then be paid from a portion of the settlement.

He said all expenses will be paid up front by the law firm.

The arrangement is similar to that of a personal injury attorney who is paid a percentage of his client’s settlement, so does not get paid unless a settlement is received.

Opioids are drugs that reduce pain and dull senses. While the drugs named in the current suits are synthetic, opioids -- or opiates as they were once called -- include such drugs as opium, morphine and heroin. The synthetic drugs are designed to mimic the effect of morphine.

Jurors listened to Earle’s presentation, but only a few had comments.

Juror Henry Moreau, a retired veterinarian, spoke against filing suit.

He said major lawsuits and the threat of future litigation could deprive sufferers of chronic pain from medicine that could alleviate their suffering.

“There is no reason for anyone to suffer with the medicines we have available today,” Moreau said. “We will have people hurting that should not be hurting.”

Moreau criticized the tendency to file suit as a remedy to social problems. He said the “legal profession should not be involved in the medical profession.”

Earles said painkillers “never cured a thing,” and said those in pain should try other alternatives to long-term use of pills.

He said the opioid OxyContin was originally produced as an “end-of-life” pain management drug for terminally ill patients.

At some point, drug makers realized that was a small market of potential customers and embarked on an aggressive campaign to expand their customer base, Earles said.

The allegation is that they intentionally lied or misled the public, including doctors, into believing this class of drugs was not addictive and was appropriate for long-term treatment of chronic pain -- such as neck and back pain.

Juror Marsha Wiley wanted to be sure that any suit filed by the Police Jury would not end up targeting local doctors for prescribing the named drugs to patients experiencing pain.

Earles said it would not. In fact, he said, his firm believes doctors were also victims of the drug company’s campaign of misinformation.

Wiley said she works for a pharmaceutical company that is not named in the lawsuit and does not make any opioid drug.

Moreau, Wiley and Juror John Earles -- the attorney’s father -- abstained from voting on the motion to file suit. Juror Trent Clark was absent.

The remaining five jurors voted in favor of the motion.

At this time, all suits against the drug manufacturers are individual suits and not a class action suit, Earles said.

The Louisiana Department of Health filed suit on Sept. 27 in 19th Judicial District Court in Baton Rouge, claiming “drug manufacturers undertook an orchestrated campaign to flood Louisiana with highly addictive and dangerous opioids in an effort to maximize profits above the health and well-being of their customers, including the healthcare systems supporting those customers.”

LEGAL ANALYST'S VIEW

New Orleans attorney and legal analyst Tim Meche has been quoted in various media reports as saying the opioid suit is “trendy” right now. However, he indicates the suits filed in Louisiana and elsewhere in the nation likely would not be successful if the drug companies choose to fight the suit in court rather than cave in to a quick settlement to avoid the nuisance and expense of a court fight.

“The defendant pharmaceutical companies have very deep pockets -- and there is nothing better to sue,” Meche said. “Obviously they don’t want bad publicity, so they may be more inclined to settle.”

The key factors in the drug companies’ favor include the fact that the drugs are approved by the FDA and that they are prescribed by doctors.

Meche compares the suit against opioid makers to lawsuits against gun manufacturers.

“I expect the pharmaceutical companies to mount a similar defense,” he said. “If they got into court, I don’t think the lawyers would win. They’re looking for a quick settlement and they might get one.”

Public comments surrounding the filing of the suits have focused on the “opioid epidemic” and the impact drug abuse has had on society.

Meche said the case appears to be more about trial lawyers trying to make money than it is fighting a drug epidemic.

“I have a feeling it’s not government agencies that are pushing these lawsuits,” Meche said in one report, “it’s the trial lawyer firms who went to the government agencies and asked for permission to file suit.”