As we reported Oct. 19, Rush Limbaugh’s recent entry into drug rehabilitation has resulted in publicity over the litigation troubles involving the manufacturer of Oxycontin, Purdue Pharma L.P., which has been sued in 285 lawsuits over the drug alleging that the drug is dangerously addictive. Purdue litigates all of them, and so far plaintiffs have a record of 0-for-50.

Says Purdue’s [in-house counsel Tim] Bannon, “We see three types of plaintiffs. One is the substance abuser. The next are those who get the drug appropriately from their doctor, perhaps innocently, but then begin taking too much of it and not following the instructions. The third are those who have a pain problem, are taking OxyContin and are not addicted, but then stop abruptly, sometimes because of the plaintiff ads seeking clients, and they experience withdrawal problems.”

Bannon says the defense has yet to encounter a plaintiff who is injured from addiction who followed the instructions and did not abuse the drug.

The company cites a U.S. Chamber of Commerce study that alleges that suits over prescriptions are interfering with the way doctors practice medicine. (Tim O’Brien, “Suits Abound by Users Claiming Addiction to Painkiller OxyContin”, N.J. Law Journal, Oct. 21; Tanya Albert, “OxyContin suit can proceed as class action”, American Medical News, Aug. 4; Jul. 3 Chamber of Commerce press release).