Opioid Lawsuit
Problem summary
Opioid addiction is a serious problem in the United States, and some experts believe the over-prescription of pain pills to be a major contributing factor to the opioid epidemic plaguing this country. Since 1999, opioid prescriptions in the U.S. have increased 300% and there has been a corresponding uptick in opioid addiction and opioid drug deaths. In many cases, opioid addiction begins with a prescription painkiller, which leads to the use of heroin and other illegal opioids, drugs that are typically cheaper than the prescription form and easier to obtain. At the heart of the opioid abuse issue is the over-prescription of these powerful drugs, either for conditions where opioid treatment wasn’t appropriate, meaning pain could have been managed in other ways, or where doctors prescribed too many refills or too high a dose to their patients. As former New York Attorney General Eric Schneiderman put it, “Too often, prescription opioids are the on-ramp to addiction for millions of Americans.”
About Opioid Overprescription
Opioids are a type of pharmaceutical drug prescribed for the relief of moderate to severe pain. The narcotic painkillers work by binding to opioid receptors in the brain, spinal cord and other areas of the body, blocking the transmission of pain signals to the brain and thereby reducing feelings of pain. Opioid drugs can also make users feel relaxed and euphoric, which is why they are sometimes used for non-medical reasons. Some of the most widely-used opioid drugs include hydrocodone, oxycodone, Vicodin, Oxycontin, morphine, fentanyl and codeine.
When used properly for a short period of time, opioid drugs can effectively manage pain symptoms in patients. However, long-term use can lead to opioid dependence and in some people, opioid abuse and addiction may occur. Even more troubling, prolonged abuse of opioid pain relievers often serves as a gateway to the use of illegal opioids, like heroin, and the National Institute on Drug Abuse reports that, from 2002 to 2012, “the incidence of heroin initiation was 19 times higher among those who reported prior nonmedical pain reliever use than among those who did not.” In one 2012 study of young, urban injection drug users interviewed between 2008 and 2009, researchers found that 86% had used opioid pain relievers recreationally before turning to heroin.
Physicians have a duty to reasonably act in a way that other doctors would under the same circumstances when prescribing opioid drugs, and they must abide by a professional standard of care to avoid causing their patients unreasonable harm. When doctors over-prescribe opioid drugs, they act with a reckless disregard for their patients’ safety. Also at issue is the practice of pharmaceutical companies paying illegal kickbacks to prescribing doctors, which encourages doctors to prescribe opioids for a longer period of time than medically recommended, or in cases where their use is either unnecessary or inappropriate.
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Side Effects of Opioid Overprescription
- Opioid abuse
- Opioid tolerance
- Physical dependence
- Opioid addiction
- Withdrawal symptoms
- Seizures
- Coma
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Opioid Settlements & Litigation
The opioid crisis in the United States has led to thousands of lawsuits being filed against doctors, pharmaceutical companies, pharmacies and hospitals over the drastic increase in opioid abuse, addiction, overdose and death. Many of these lawsuits have been brought by counties, municipalities and states, claiming that the opioid epidemic has resulted in a dramatic increase in the cost of public health services as well as higher rates of drug-related crimes. As of June 2018, more than 600 city, county and state governments have filed opioid-related lawsuits against pharmaceutical drug makers, and individuals addicted to opioid drugs, as well as the loved ones of those who have died of an opioid overdose, are pursuing legal claims against their prescribing doctors.
Medical malpractice lawsuits filed on behalf of individuals adversely affected by opioid abuse or addiction also accuse doctors of failing to abide by the professional standard of care in overprescribing powerful opioid drugs. In one recent medical malpractice lawsuit brought against a doctor and university hospital, the jury awarded $2.6 million in compensatory damages and $15 million in punitive damages to a city parks employee prescribed more than 37,000 OxyContin, Vicodin and oxycodone pills for back pain between 2008 and 2012. If you or a loved one has been harmed by a doctor’s overprescription of opioid drugs, contact an experienced medical malpractice attorney today to discuss your possible compensation options.
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