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I don't think there is going to be the same level of liability. In the tobacco case, people who started smoking Marlboros were dying from smoking Marlboros. Wit
by Alex3917 9y ago
I don't think there is going to be the same level of liability. In the tobacco case, people who started smoking Marlboros were dying from smoking Marlboros. With OxyContin, this isn't the case. E.g.:
- User switches to heroin or some other generic opiate because it's too hard to get a legal prescription and dies.
- User mixes drug with alcohol or benzodiazepines and dies.
- User dies from APAP poisoning, which the government requires to be added.
There might be 50,000 opiate-related deaths per year or whatever, but the actual number of accidental opiate ODs on solely OxyContin is no more than the number of deaths from Tylenol or Ibuprofen.
The Supreme Court already ruled that drug manufacturers can't be held responsible for the safety of generics. So even if Purdue is held entirely responsible for the rise in opiate addiction, there are enough mitigating factors in terms of the actual harms of addiction that I think it will be hard to see a tobacco-style settlement.
- MereInterest 9y agoWould this be affected by the marketing of Oxycontin as a 12-hour pain medication, when it was known that it wears off earlier than that for a significant fraction of the population? Not a lawyer, and so I have no idea how that would affect liability. http://www.latimes.com/projects/oxycontin-part1/ http://www.latimes.com/projects/oxycontin-part1/
- Alex3917 9y agoI think that's good for around a billion dollars in fines and maybe a few prison sentences, but not for 100+ billion. The basic issue is that even if they purposely got millions of Americans addicted to opiates, being addicted to opiates isn't especially dangerous or harmful in and of itself. If most of the harms come from unrelated government policies then there's only so much damages you can pin on the Pharma companies.