AAC
LITIGATION LESSONS
Opioid justice for a united Arkansas
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n a unique and unprecedented display of unity and astated public health and welfare in collective action, nearly every Arkansas county has Arkansas. Drug-poisoning deaths joined with a collection of Arkansas cities and the are now the leading cause of injury state as co-plaintiffs in a lawsuit filed against 65 opioid and death in the United States — manufacturers, distributors, and criminally-convicted Arkan- outnumbering those caused by sas pharmacies and healthcare professionals to seek a compre- firearms, car crashes, suicide, and hensive remedy to the Arkansas Opioid Epidemic. homicide — and Arkansas has been Colin Jorgensen We’d like to again thank the 72 county judges who select- at the forefront of the national epiRisk Management ed the legal team assembled by the Association of Arkansas demic. Arkansas’ near tripling in Litigation Counsel Counties (AAC), including the AAC and several private law overdose deaths since 2000 coinfirms to represent the counties in this historic case. We are cides with a span in which opioid honored and humbled, and we are working as hard as we can sales have quadrupled in Arkansas. In 2016, Arkansas saw the toward the goal of securing a comprehensive solution to the number of drug overdose deaths rise to 401 — at least 335 of Arkansas Opioid Epidemic. In the unified effort that we have which were opioid-related. There are now more opioid prenamed Opioid Justice scriptions in Arkansas for a United Arkansas, than people. Arkansas we seek a remedy for has the second highest all of Arkansas, includopioid prescription rate he complaint contends that prescription opioids ing all Arkansas counties in the country: 114.6 have devastated public health and welfare in Arand most importantly, opioid prescriptions for Arkansas communities, every 100 persons. Drug kansas. Drug-poisoning deaths are now the leading cause companies sold over Arkansas families, and Arkansas addicts. 235 million opioid pills of death in the United States — outnumbering those The original comacross Arkansas in 2016, plaint was filed on making opioids the topcaused by firearms, car crashes, suicide, and homicide March 15 in Crittenden selling class of prescripCounty Circuit Court. — and Arkansas has been at the forefront of the nation- tion drug in Arkansas The complaint alleges and more than twice al epidemic. Arkansas’ near tripling in overdose deaths that since the late 1990s, as prevalent as the next opioid manufacturers highest selling prescripsince 2000 coincides with a span in which opioid sales have engaged in a multition drug class. Accordmillion dollar marketing ing to the complaint, have quadrupled in Arkansas. scheme designed to misArkansas is now awash lead doctors and patients in opioids and engulfed about the benefits and in a public health crisis, risks of prescription opithe likes of which has oids, and to persuade doctors and patients that opioids should not been seen before. In addition to the direct problems of be prescribed long term to treat chronic pain. According to adult addiction, abuse, and overdose, the opioid epidemic has the complaint, the drug companies’ marketing campaign was created a ripple effect, touching lives across all demographic wildly successful and reversed the widespread medical un- groups and straining public resources. derstanding that opioids are addictive drugs, unsafe in most The Arkansas Opioid Epidemic strains law enforcement, circumstances for long-term use. And according to the com- courts, hospitals, and jails and prisons. It contributes to complaint, the deceptive marketing efforts of the drug companies munity blight, lost productivity, and lost tax revenue for state created and fueled the opioid epidemic so that opioids are now and local government. Arkansas’ prosecutors and other state the most prescribed class of drugs and generate billions of dol- officials, county judges, mayors, sheriffs, police chiefs, corolars in revenue for drug companies every year. ners, and other local officials desperately want to do what they The complaint contends that prescription opioids have dev- can to remediate this epidemic. We need to increase public
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COUNTY LINES, SPRING 2018
