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Watch for JBE to try to get on the opioid lawsuit train

Posted on 7/26/17 at 1:20 pm
Posted by I B Freeman
Member since Oct 2009
27843 posts
Posted on 7/26/17 at 1:20 pm
Michael Moore, former AG for Mississippi that organized the states to sue tobacco companies is now going after drug companies claiming huge cost to states from opioid abuse.

My question to Moore and his leeches is just when did anyone make states purchase opioids? Seems to me the states willingly took that upon themselves through medicaid and state health plans.

Doctors have know for decades the dangers of pain killers.

JBE will be pushing Landry to do the same and figure out a way to get his trial lawyer buddies paid.

LINK

quote:

The legal front widening against makers of opioid painkillers has something in common with landmark tobacco litigation of the 1990s: attorney Mike Moore.

As Mississippi’s attorney general in 1994, Mr. Moore filed the first state lawsuit against tobacco companies, saying they harmed public-health systems by misrepresenting smoking’s dangers. He helped marshal the subsequent spate of state litigation and then the talks that led to a $246 billion settlement.

Now Mr. Moore is a private attorney encouraging states to sue pharmaceutical companies, alleging they helped spark an addiction crisis by misrepresenting the benefits and addiction risks of opioid painkillers.


The politicians like Moore get their fortunes after they leave office by getting included in some big payout of some sort the private law firms get from the politician's effort.

JBE wanted to do a big class action against oil companies over coastal erosion and that sort of got pushed to the back burner. Look for him to start trying to figure out a way to get in this mess.

This post was edited on 7/26/17 at 1:25 pm
Posted by Ace Midnight
Between sanity and madness
Member since Dec 2006
89511 posts
Posted on 7/26/17 at 1:22 pm to
That sweet, sweet tobacco money is probably almost gone by now.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422393 posts
Posted on 7/26/17 at 1:24 pm to
as a general point, i understand they're trying to create a "tobacco 2.0" but it's a HUGE reach in this case

the tobacco companies were obviously lying and i don't think that opiate producers are in the same boat. also there are 1-2 levels between producer and consumer with opioids, while tobacco companies sold their products to consumers essentially directly

the existence of 1-2 professional gatekeepers (doctors, pharmacists) should insulate opioid companies
Posted by I B Freeman
Member since Oct 2009
27843 posts
Posted on 7/26/17 at 1:26 pm to
I think it is the life ambition for JBE to come up with something like this to get rich
Posted by ItTakesAThief
Scottsdale, Arizona
Member since Dec 2009
9191 posts
Posted on 7/26/17 at 1:26 pm to
They need to go after the mediacal community who is writing the prescriptions

The doctors are failing as the gate keepers and making big profits by doing so.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422393 posts
Posted on 7/26/17 at 1:30 pm to
i used to work a bunch in mass tort/class action stuff and this is the dream of many, MANY attorneys

with CAFA and MDLs, it's not something really worth it like 95% of the time
Posted by Y.A. Tittle
Member since Sep 2003
101387 posts
Posted on 7/26/17 at 1:37 pm to
quote:

i used to work a bunch in mass tort/class action stuff and this is the dream of many, MANY attorneys

with CAFA and MDLs, it's not something really worth it like 95% of the time


Yeah, I'm not sure how you do this on a mass litigation type basis without roping in all of the prescribing physicians (which has to be a huge percentage of licensed physicians in the state). The logistical AND POLITICAL hurdles of doing so would seem too much to make this worthwhile at all.
Posted by NIH
Member since Aug 2008
112610 posts
Posted on 7/26/17 at 1:42 pm to
They lucked out on Scruggs grabbing tobacco whistleblowers in those cases, don't see that happening here
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422393 posts
Posted on 7/26/17 at 1:42 pm to
i think it would have to be done via state AGs b/c they're exempt from CAFA, iirc, like IB said. i don't know if Landry would participate in the way IB thinks JBE imagines. if JBE does somehow get this going, his friends (some of whom i probably know well, lol) are going to print some money
Posted by Rakim
Member since Nov 2015
9954 posts
Posted on 7/26/17 at 1:43 pm to
Much different situation but I would expect JBE to sue because well, that's what lawyers do.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422393 posts
Posted on 7/26/17 at 1:43 pm to
quote:

They lucked out on Scruggs grabbing tobacco whistleblowers in those cases, don't see that happening here

i honestly don't even know if whistleblowers exist in this case and if any do, what impact they'd have

the "doctor gatekeeper" issue would kill these cases

like YA said, you'd have to bring them ALL in
Posted by Rakim
Member since Nov 2015
9954 posts
Posted on 7/26/17 at 1:44 pm to
Seems like Doctors would be more of the target?

Which he already has a task force on them now
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422393 posts
Posted on 7/26/17 at 1:48 pm to
they SHOULD be the target

but doctors are citizens and not faceless "pharma companies" so the political will to sue these doctors into bankruptcy isn't going to be strong
Posted by Y.A. Tittle
Member since Sep 2003
101387 posts
Posted on 7/26/17 at 1:50 pm to
quote:

but doctors are citizens and not faceless "pharma companies" so the political will to sue these doctors into bankruptcy isn't going to be strong


And there's, of course, other logistical/statutory hurdles to that as well.
Posted by boosiebadazz
Member since Feb 2008
80227 posts
Posted on 7/26/17 at 1:53 pm to
quote:

the tobacco companies were obviously lying and i don't think that opiate producers are in the same boat. also there are 1-2 levels between producer and consumer with opioids, while tobacco companies sold their products to consumers essentially directly

the existence of 1-2 professional gatekeepers (doctors, pharmacists) should insulate opioid companies


What if the manufacturers knew of the addictive properties but didn't inform the prescribers?
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422393 posts
Posted on 7/26/17 at 1:55 pm to
quote:

What if the manufacturers knew of the addictive properties but didn't inform the prescribers?

unless we're talking about medical knowledge pre-Roman times, it's going to be hard to plead ignorance of the addictive property of opiates
Posted by boosiebadazz
Member since Feb 2008
80227 posts
Posted on 7/26/17 at 1:58 pm to
touche

I'll be curious to see how the AGs prosecute this one. I'd bet Landry resists joining and we have a fight over whether the AG is independent of the Governor or not.
Posted by NIH
Member since Aug 2008
112610 posts
Posted on 7/26/17 at 2:03 pm to
Speaking of, we need to make it harder to sue doctors. - Senitrius
Posted by Stingray
Shreveport
Member since Sep 2007
12420 posts
Posted on 7/26/17 at 2:05 pm to
We should sue the patients.
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422393 posts
Posted on 7/26/17 at 2:06 pm to
the rational policy is to continue to prosecute MDs and pharmacists guilty of fraud and running pill mills

but that's not a money grab

stealing money from faceless, foreign corporations is just too juicy of a concept for states to avoid trying
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