Posts Tagged ‘opioids’

Lawyers hunt massive opioid-suit payday

“A Bloomberg review of almost 100 [opioid-suit] agreements between the municipalities and their lawyers puts the stakes into focus: If the plaintiffs collect anything close to the maximum $50 billion that a global settlement may yield, according to a Bloomberg Intelligence estimate, a handful of attorneys could pocket at least one-quarter of that.” In all so far, “lawyers have brought more than 900 cases on behalf of states, local governments and tribes, as well as unions, medical practices and individuals.” [Andrew Harris, Jared Hopkins and Hannah Recht, Business Week/Bloomberg]

Medical roundup

  • Wrong on many other issues, the American Medical Association is right to resist an artificial 3-day limit on opiate prescriptions [Jeffrey Singer, Cato; Jacob Sullum]
  • “Does Ride-Sharing Substitute for Ambulances?” [Leon S. Moskatel and David J. G. Slusky, Cato Research Briefs in Economic Policy No. 114]
  • Fourth Circuit tosses Maryland law banning “price gouging” of “essential” generic drugs, finding that state violates Dormant Commerce Clause by presuming to control transactions entirely outside its boundaries [Zack Buck, Bill of Health; Stephen McConnell, Drug and Device Law]
  • President Trump signs “right to try” legislation expanding right of terminally ill patients to enter unapproved therapies; squaring this with existing FDA regulation may present knotty problems [Michael Cannon, Cato; Michael Maharrey (“In fact, victories in 40 state legislatures preceded Trump’s signing ceremony”); earlier here, here, and at Cato Unbound last year] More cautions from Jim Beck on liability angle [Drug and Device Law]
  • Florida, departing from other states’ practice, caps its outside lawyers’ recovery at $50 million: “Latest Wave Of State Opioid Lawsuits Shows Diverging Strategies And Lawyer Pay Scales” [Daniel Fisher, Forbes]
  • In medical innovation, “equality is a mediocre goal. Aim for progress.” [Tyler Cowen]

On filling dicey prescriptions, sued if you do…

“Back in 2015, two cases were decided within days of each other that allowed claims to go forward suggesting that a pharmacy could be potentially liable for both filling suspect prescriptions (see here) and for not filling suspect prescriptions (see here). Hence ‘damned if you do (question a prescription) and damned if you don’t.'” A key element on one side: pharmacies that refuse to fill prescriptions that they believe show red flags are apt to explain themselves to customers, and those explanations can expose them to defamation actions filed by the doctors who wrote the scripts. [Michelle Yeary, Drug and Device Law]

Opioids roundup

  • Prisoners die of drug overdoses at a high rate in their first week after release. That’s in part a prohibition-related problem [Jeffrey Miron, Cato]
  • “Drug testing kits can detect the presence of fentanyl and other contaminants — but in many places, including Illinois, they are classified as illegal drug paraphernalia.” [Steve Chapman]
  • “Hospitalized Patients Are Civilian Casualties in the Government’s War on Opioids” [Jeffrey A. Singer, Cato, more]
  • Texas: “Opioid lawyers pumped $110K into LaHood’s campaign after Bexar County DA hired them” [David Yates, Southeast Texas Record] “State senator working with Watts on home turf opioid lawsuit, lawyers billing Hidalgo County $3,800 an hour” [SE Texas Record]
  • “Cities Vs. States: A Looming Battle For Control Of High-Stakes Opioid Litigation” [Daniel Fisher on Tennessee AG’s intervention]
  • All 50 states have now adopted prescription drug monitoring programs, but do they work as intended? [Jeffrey Singer, Jacob Sullum]

Medical roundup

  • Outcry among British doctors after trainee pediatrician convicted of negligent homicide in death of patient following systemic errors at understaffed hospital [Telegraph, Saurabh Jha, Medscape, General Medical Council]
  • “There’s no particular reason to think that smokers will be happier with denatured tobacco than drinkers have been with weak beer.” [J.D. Tuccille on FDA plans to reduce nicotine level in cigarettes]
  • “Why Doesn’t the Surgeon General Seek FDA Reclassification of Naloxone to OTC?” [Jeffrey Singer, Cato]
  • “1 in 3 physicians has been sued; by age 55, 1 in 2 hit with suit” [Kevin B. O’Reilly, AMA Wire] “Best and worst states for doctors” [John S Kiernan, WalletHub]
  • “Soon came a ‘routine’ urine drug test, ostensibly to ensure she didn’t abuse the powerful drug. A year later, she got the bill for that test. It was $17,850.” [Beth Mole, ArsTechnica]
  • Milkshakes could be next as sugar-tax Tories in Britain pursue the logic of joylessness [Andrew Stuttaford, National Review]

Liability roundup

Medical roundup

Medical roundup

  • “The dominant narrative about pain treatment being a major pathway to addiction is wrong, [and] an agenda heavily weighted toward pill control is not enough.” [Sally Satel on origins of opioid crisis]
  • The press gets it wrong: “A Young Mother Died Because Her Flu Meds Were Too Expensive – Or Did She?” [Josh Bloom, ACSH]
  • New research brief: tort reform could have effects in both directions on innovation [Alberto Galasso and Hong Luo, Cato]
  • Appalling: editor of The Lancet extols Marx as a guide to understanding medical science [Theodore Dalrymple, Law and Liberty]
  • “We harbor a suspicion that half the drug/device tort cases we encounter are really medical malpractice cases in search of a deeper pocket” [Stephen McConnell, Drug & Device Law Blog]
  • Should the Food and Drug Administration concern itself with the effect of its decisions on drug prices? [David Hyman and William Kovacic, Regulation mag]

Pharmaceutical roundup