Tompkins County
New York

Resolution
2017-213

Authorizing Litigation Against Drug Manufacturers for Damages Resulting from Abuse of Opioid Pharmaceuticals

Information

Department:County AttorneySponsors:
Category:Litigation

Attachments

  1. Printout

Resolution/Document Body

WHEREAS, opioid manufacturers had prior knowledge of the risks of opioids abuse have misled doctors and patients about the addictive nature of opioids, have misrepresented the dangers of opioids, and have marketed opioids in a manner that promoted addiction, and

 

WHEREAS, opioid manufacturers, distributors, and promoters have been responsible for an opioid epidemic that has harmed the citizens of Tompkins County and financially damaged the County and its taxpayers, and

 

WHEREAS, it is appropriate that the County should recover damages from those parties that have contributed and continue to contribute to County costs in the form of increased social services, policing, treatment, incarceration, and other expenditures, and

 

WHEREAS, numerous New York Counties are pursuing legal action against opioid manufacturers and others that have promoted the abuse of opioids, now therefore be it

 

RESOLVED, on recommendation of the Government Operations Committee, That the County Attorney is hereby authorized to commence civil litigation against opioid manufacturers and others who have harmed the County by promoting the abuse of opioids and to retain counsel to represent the County in such litigation.

SEQR ACTION:  TYPE II-20

 

 

Meeting History

Nov 1, 2017 3:30 PM  Government Operations Committee Regular Meeting
draft Draft
RESULT:RECOMMENDED [UNANIMOUS]
MOVER:Rich John, Member
SECONDER:Carol Chock, Vice Chair
AYES:Daniel Klein, Carol Chock, Dooley Kiefer, Rich John, Will Burbank
Nov 9, 2017 5:30 PM Media Tompkins County Legislature Regular Meeting
draft Draft

Mr. Klein explained what was involved with this lawsuit.

Mr. Wood said this is not a class action suit. Lawsuits are being filed by each municipality and county. The cost that would be included is the work departments would be required to do in gathering information needed. The departments impacted would be Social Services, Public Health, Mental Health, Probation, and the Sheriff’s Office. It is possible that some of the records are not being kept in a way that would produce information needed. However, this could be an opportunity that may lead to a better design of the County’s reporting systems.

Ms. Kelles said another important point is the sharing information and collaboration between departments will be a benefit.

Ms. Kiefer said there are legal reasons to prescribe opioids; these pharmaceutical companies are marketing use in patients who do not necessary need them. She said she would like to change the wording in the last Resolved and MOVED to amend the resolution, seconded by Ms. Kelles, as follows:

“RESOLVED, on recommendation of the Government Operations Committee, That the County Attorney is hereby authorized to commence civil litigation against opioid manufacturers and others who have harmed the County through over-prescription and miss prescription of opioids by promoting the abuse of opioids and to retain counsel to represent the County in such litigation.”

Mr. John said there is appropriate use of opioids. The County wants to try to address abuse.

Ms. Chock believes the Committee purposely kept the word abuse in the resolution. The public has now learned that these companies have performed research, knew what the data said and still marketed these medications to doctors and misrepresented the research and profited off of those misrepresentations; therefore they promoted the abuse and over-prescription.

Ms. Robertson said she opposes the amendment as she wants to go after those who are guilty of abuse.

Ms. Kelles said pharmaceutical companies have relationships with doctors and the amendment most accurately represents what they are doing. They are not promoting abuse.

Mrs. McBean-Clairborne asked who “others” are that is referenced in the resolution. Mr. Wood said there are cases that involve doctors who are promoters of the drug; this is not part of the local case. For the most part this lawsuit is not against doctors.

A voice vote resulted as follows on the amendment: Ayes - 3 (Legislators John, Kelles, and Kiefer); Noes - 11. AMENDMENT FAILED.

Discussion continued on original resolution.

Ms. Black said she is uncomfortable with the amount of time it will take County staff to gather information and opposes the resolution for that reason. She believes the money spent on this by staff could be used for other purposes.

Ms. Kelles said if the County is lacking data, perhaps the lawsuit is the impetus to get the County to produce the data needed.

Mr. Burbank believes the data will be useful. He said New York State Association of Counties had a presentation about the opioid epidemic and one of the things that is really hard to know is the level at which it is happening.

Mr. John said it can be a real burden when a lawsuit is filed. He has read a lot of what is going on across the country with opioids and a lot of money is being spent to address what is going on because of opioid manufacturers. He said he will support the resolution. The rate of prescriptions is not going down. There is a lot of shame associated with opioid addiction; this lawsuit brings it out into the open and sends a clear message that this is not acceptable.

Ms. Kiefer stated for the record that she supports the County joining the lawsuit, but she doesn’t support the wording in the Resolved.

RESULT:ADOPTED [12 TO 2]
MOVER:Daniel Klein, Vice Chair
SECONDER:Anna Kelles, Member
AYES:Will Burbank, Carol Chock, James Dennis, Rich John, Anna Kelles, Daniel Klein, Michael Lane, Leslyn McBean-Clairborne, Martha Robertson, David McKenna, Glenn Morey, Michael Sigler
NAYS:Dooley Kiefer, Shawna Black