January 5, 2023 | Dangerous Drugs Lawsuits

Have you been affected by the Opioid epidemic? Thousands of lawsuits have been filed against the manufacturers and distributors of the dangerous opioid painkillers that have resulted in thousands of deaths and hundreds of thousands being affected. Amongst the manufacturers being held responsible for the opioid epidemic is Endo Health Solutions Inc. and Endo Pharmaceuticals, Inc. also referred to as Endo. The drug maker recently filed for Chapter 11 bankruptcy protection in order to resolve thousands of lawsuits filed against it for the part it played in the opioid epidemic.

Endo’s Role in The Opioid Epidemic

Endo, a drug maker based in Ireland, has its US headquarters in Malvern, Pennsylvania. The pharmaceutical company is responsible for the development, manufacture and distribution of various generic and branded opioids. These include Endocet and Percocet. The company is also known to have been the makers of Opana ER. This drug was withdrawn from the market in 2017.

The lawsuit against Endo states that the company falsely promoted the benefits of Opana ER. The drug was marketed for its so-called special formulation that allegedly deterred abuse. However, it has been proven that this was only false marketing and instead led to deadly outbreaks of HIV and Hepatitis due to the widespread abuse of the drug via injection. The company is said to have reaped hundreds of millions of dollars in profit from the sale of Opana ER as a result of the false marketing.

Endo has been enjoined in the opioid lawsuits specifically for:

• Making false and deceptive statements about the benefits of opioids
• Representing that opioids have benefits, uses, characteristics or approvals that they didn’t actually have
• Promoting the sale of opioids directly to health care providers or patients through social media, events, sponsorships, speakers and online.
• Promoting the use of opioids for the treatment of pain
• Rewarding or disciplining marketing and sales employees based on the volume of sales of opioids
• Lobbying against or for regulations, legislations related to the sale of opioids.
• Giving incentives such as rebates, coupons, discounts and free trials to promote the use of opioids.

Filing for Bankruptcy

Following the filing of thousands of lawsuits against the manufacturers and distributors of opioids, including Endo, Endo filed for Chapter 11 bankruptcy as protection. The company filed for bankruptcy protection in New York after reaching a settlement agreement with 36 states to resolve the allegations against it concerning false marketing of opioids. Endo agreed to pay $450 million over a period of 10 years as settlement.

The settlement with the attorney general involved:

• The requirement to pay $450 million in cash over a period of 10 years to the states and subdivisions that participated in the lawsuit
• The requirement to turn over all opioid related documents in order for the documents to be published online in a public document archive. Endo would be required to pay $2.75 million to facilitate the archival process.
• Banning of Endo’s opioids from marketing opioids forever

The negotiations with Endo were led by the following states:

• Maine
• New Hampshire
• Massachusetts
• Pennsylvania
• Vermont
• Tennessee
• Virginia

The settlement was joined by attorney generals from various other states including Hawaii, Nebraska, New Jersey, Nevada, North Dakota, South Carolina, Washington and many more.

Endo follows the route taken by various other drug manufacturers that were enjoined in the lawsuit. Manufacturers such as Purdue filed for bankruptcy in order to settle the lawsuits filed against them. Purdue Pharma and the Sacklers settled to pay $6 billion for their role in the opioid epidemic.

What Happens Now

Following the reaching of the $450 million settlement, victims and those affected by the opioid epidemic may be wondering what will happen next. This is difficult to predict as different states have different approaches in how the money will be spent. The funds will be distributed to different states, who will then distribute a share of the pie to the local governments. A share of the money will be used to facilitate the creation and running of rehabilitation programs for victims of the opioid epidemic. This will be distributed to government agencies, the health care systems as well as non-profits that will play a role in this. Individuals and families that have been affected by the opioid epidemic may receive a share of the funds too. However, the distribution of the funds depends solely on the state’s approach.

Talk to An Experienced Attorney

If you have been affected by the opioid epidemic, you may be wondering if you will receive some compensation out of the settlement. You can find out for sure by discussing your case with your attorney. Your attorney will review your case and advocate on your behalf to defend your right to receive compensation for your damages resulting from the effects of opioid use. Contact our attorneys now to learn more.

Opioids –Endo Filed BK