Category: addiction medicine

addiction medicineExpert WitnessPharmaceutical

Landmark Oklahoma Opioid Ruling Due Monday – Expert Witness Recap

The last two years have been a whirlwind for those of us following the litigation response to the opioid crisis. Thousands of lawsuits have been filed throughout the country. Most notably, the National Prescription Opiate Litigation (a multi-district litigation).

So what is happening on next week? Well, one of the first major opioid trials took place in Oklahoma earlier this summer. When I say “opioid trial,” I mean the legal trial, not “clinical trial.” Forgive me, I had to make the joke. The trial took place and the judge is expected to deliver his ruling on Monday. Berkeley Lovelace, Jr., of CNBC, provides an in-depth analysis of the trial here.

The case was brought by the State of Oklahoma against Johnson & Johnson, et al. The Oklahoma attorney general is seeking damages in excess of $17 billion dollars. The state sued Johnson & Johnson claiming their sales and marketing practices fueled the opioid epidemic and created a public nuisance, resulting in approximately 6,000 overdose deaths. Any damages awarded, assuming there is not a settlement before the ruling, would be used for addiction treatment and preventative measures for the next few decades.

We, at Experts.com, have been following pharmaceutical litigation for a long time. In the last two years, we’ve been laser-focused on opioid litigation. We started to pay strict attention to the matter when we realized it was similar in magnitude as the civil lawsuits involving tobacco, in the 1990s. It meant we were going to see significant litigation for years to come.

With a database of expert witnesses, we set out to write multiple articles on the matter, in the form of question-and-answer-style blog posts. In addition, I’ve written a couple of guest blogs on the topic for other legal companies. This blog post is to recap these resources we’ve published over the last two years.

Two Years of Opioid Crisis Publications:

  1. Opioid Crisis – An increase in addiction medicine and pain management expert witnesses – November 6, 2017
  2. Kentucky AG files lawsuit against opioid distributor McKesson – January 22, 2018
  3. Pain and Addiction Expert Witness Comments on 72,000 Opioid Deaths in 2017 – August 22, 2018
  4. Judicial Analytics in California Opioid Litigation – January 23, 2019
  5. Legal and Expert Witness Staffing for Opioid Litigation – June 18, 2019

We Expect More Stories in the Future:

Unfortunately for our country, we expect to be writing about these lawsuits for years to come. What happens next week, may pave the way for more lawsuits and major settlements? We don’t know how it might end, but we’re pretty sure the pharmaceutical companies will end up paying a lot of money. If not in Oklahoma, in other lawsuits still to come.

UPDATE: 08/26/2019

Today, Cleveland County District Court Judge Thad Balkman ruled against Purdue Pharma LLP, Johnson & Johnson and others. He ruled the defendant’s in the first civil opioid trial are responsible for causing a public nuisance, and held them liable for abatement of the nuisance, in the amount of $572+ million.

You can read the verdict here.

addiction medicineExpert Witnesspain management

Pain and Addiction Expert Witness Comments on 72,000 Opioid Deaths in 2017

Last week, the New York Times reported CDC estimates of 72,000 opioid-related overdose deaths in the United States, in 2017. Unfortunately, a record breaking number, beating the number of deaths caused by guns, HIV, or car accidents.

Well, I wish the last time I wrote about the opioid crisis could have been the final time. It appears we are far from the end of this crisis. In fact, I began writing about this topic because it will go on for years and the litigation surrounding pharmaceutical opioids is just beginning.

Normally, I am not one to follow entertainment news. In fact, I view it is a distraction from far more important topics. Yet there I sat, just a few weeks ago, reading about the overdose of pop singer Demi Lovato. She has struggled with addiction from a young age and recently experienced a heroin induced overdose. Then last week the CDC released preliminary estimates of approximately 72,000 deaths caused by opioid overdoses, in 2017. This is a horrific plight on our nation. Chances are we all know someone impacted by this epidemic.

As I mentioned in a previous post, Experts.com has seen an incredible increase in the number of addiction medicine, substance abuse, and pain management experts marketing their services with us over the years. I started in 2010 and I’ve witnessed at least a five-fold increase in these types of experts.

The litigation against major pharmaceutical companies has also skyrocketed. In the last year we’ve seen cities, states, and counties bringing lawsuits against opioid manufacturers and distributors. The litigation against the manufacturers and distributors is encouraging if it helps stem the flow of opioid overdoses and death.

Based on this article in the New York Times, there are two reasons for the increase in opioid-related deaths: “A growing number of Americans are using opioids, and drugs are becoming more deadly. It is the second factor that most likely explains the bulk of the increased number of overdoses last year.” The article goes on to explain synthetic opioids, such as Fentanyl, is a major contributing factor to the rise in overdoses. The Times further elaborates:

“Strong synthetic opioids like fentanyl and its analogues have become mixed into black-market supplies of heroin, cocaine, methamphetamine and the class of anti-anxiety medicines known as benzodiazepines. Unlike heroin, which is derived from poppy plants, fentanyl can be manufactured in a laboratory, and it is often easier to transport because it is more concentrated. Unexpected combinations of those drugs can overwhelm even experienced drug users. In some places, the type of synthetic drugs mixed into heroin changes often, increasing the risk for users…”

High profile news stories followed by the shocking statistics from the CDC compelled me to reach out for insights from those on the front lines. Those who are treating patients with legitimate and often chronic pain, while also addressing substance abuse disorders. Dr. Adam Carinci is one such professional.

Addiction and Pain Management Expert Witness – Dr. Adam Carinci

Dr. Adam J Carinci, M.D. is a nationally recognized clinician, speaker and expert witness with over a decade of pain medicine experience. He is double-board certified in both anesthesiology and in pain medicine and maintains an active, full-time medical practice. Dr. Carinci is Chief of the Pain Management Division and Director of the Pain Treatment Center at the University of Rochester Medical Center and an Associate Professor at the University of Rochester School of Medicine.

As with previous articles, I posed a series of questions to Dr. Carinci and asked for his insights. Below are my questions and his answers.

Nick: For our readers, can you explain what constitutes a synthetic opioid?

Dr. Carinci: Synthetic opioids are man-made drugs that mimic the effects of natural opioids such as opium or heroin. Synthetic opioids act at the same opioid receptor in the body as naturally occurring opioids to induce pain relief, sedation and respiratory depression among other effects. Synthetic opioids are many times as potent as naturally occurring opioids. For example, Fentanyl is 100 times as potent as morphine (derived from opium).

Nick: Fentanyl is one of the synthetic opioids I’ve read about more in recent years. It’s mixture with heroin seems to be responsible for the increased deaths according to the New York Times. What are some legitimate medical uses for Fentanyl?

Dr. Carinci: The synthetic opioid agonist fentanyl is approximately 100 times as potent as morphine and is characterized by a rapid onset and short duration of action after a single dose. It is most commonly administered intravenously but may be given intramuscularly, transmucosally or transdermally. Fentanyl’s high lipid solubility contributes to its rapid onset because it readily crosses the blood–brain barrier. Fentanyl is used medically as a component of general anesthesia for surgery, as a sedative for procedural sedation and for chronic pain management.

Nick: Is there any data on how addiction begins?

Dr. Carinci: Addiction is a condition in which a person engages in use of a substance or in a behavior for which the rewarding effects provide a compelling incentive to repeatedly pursue the behavior despite detrimental consequences. Addiction is a biopsychosocial disorder. It is a susceptibility that is a confluence of a person’s genetics, neurobiology, psychological and social factors. Activity substances increase levels of dopamine in the brain. Dopamine is the molecular messenger of the brain’s reward center. It is what gives people the feeling of pleasure and reinforces behaviors critical for survival, such as eating, drinking and having sex. Different drugs tap into the dopamine reward system in different ways, some more potent generators of dopamine than others. There are a variety of factors that determine how addictive a drug can be, however, how rapidly each drug can get into the brain, and how powerfully it activates neural reward circuits are two critical factors. Thus, the combination of the person’s susceptibility and the potency of the drug combine to create addiction.

Nick: In your experience, what factors have led to the “opioid crisis” as we know it today? I realize this is very general, so a summary will suffice.

Dr. Carinci: The current opioid crisis has its roots in the late 1990s, where the use of prescription opioid pain relievers began to be prescribed at much greater rates. This subsequently led to widespread diversion and misuse of these medications before it became clear that these medications could indeed be highly addictive. Opioid overdose rates began to increase. In 2015, more than 33,000 Americans died as a result of an opioid overdose, including prescription opioids, heroin, and illicitly manufactured fentanyl, a powerful synthetic opioid. That same year, an estimated 2 million people in the United States suffered from substance use disorders. In 2016, synthetic opioids (primarily illegal fentanyl) passed prescription opioids as the most common drugs involved in overdose deaths in the United States. In 2016, over 42,000 drug overdose deaths involved opioids. Of those, 45.9% involved synthetic opioids.

Nick: What treatment options are available for opioid addiction?

Dr. Carinci: Medications, including buprenorphine (Suboxone®, Subutex®), methadone, and extended release naltrexone (Vivitrol®), are effective for the treatment of opioid use disorders. The most comprehensive approach should be combined medications with behavioral counseling known as Medication Assisted Treatment (MAT). Studies have shown that MAT Increases social functioning and retention in treatment.


 

There will certainly be more to come in regards to this crisis. If there are any experts you’d like me to consult regarding this topic? Any other expertise you’d like covered? If so, please leave a comment and we will continue to cover this story, both from medical and litigation perspectives.