A proposed class action filed today accuses almost two dozen companies of enriching themselves at the expense of vulnerable patients. (Black Press Media file photo)

Canadian drug makers hit with $1.1B suit for pushing opioids despite risks

The suit alleges the companies deceptively promoted addictive opioids despite knowing the dangers

Canadian drug makers enriched themselves at the expense of vulnerable patients by illegally and deceptively promoting highly addictive opioids that have killed thousands in recent years, a proposed class action filed Wednesday asserts.

The untested statement of claim filed in Ontario Superior Court seeks more than $1.1 billion in various damages from almost two dozen companies, including some of the biggest pharmaceutical names in the country such as Apotex, Bristol-Myers Squibb, Johnson and Johnson and the Jean Coutu Group.

The suit, filed on behalf of patients who became addicted to prescribed opioids, also seeks a declaration that the companies were negligent in how they researched, developed and marketed opioids starting in the 1990s.

“The defendants knew that anyone who injected opioids would be at significant risk of becoming addicted,” the claim asserts. “As such, the defendants breached statutory and common law duties to the plaintiff and class who became addicted to opioids for which the defendants owe damages.”

READ MORE: Carfentanil, an opioid more toxic than illicit fentanyl, on the rise in B.C.: Coroner

The proposed representative plaintiff is Darryl Gebien, of Toronto, a doctor prescribed the opioid Percocet for a ligament injury in his thumb. Gebien became addicted, the claim asserts.

“Dr. Gebien’s addiction had a significant and lasting impact on his life,” the claim states. “Dr. Gebien lost his licence to practise medicine. He lost his job. He was incarcerated. He lost custody of his children.”

Opioids are a powerful narcotic that can induce an addictive, euphoric high that requires higher doses over time to maintain effectiveness and avoid symptoms of withdrawal. The drugs were not widely prescribed for pain treatment because they were considered too addictive but that approach changed in the mid-1990s.

“The defendants promoted opioids as safe, effective and appropriate for long-term use for routine pain conditions,” the claim states. “The aggressive marketing efforts of the defendants were incredibly successful.”

No statements of defence have been filed and there was no immediate comment from any of the drug companies. Purdue has previous said it marketed its products in accordance with the rules.

The abuse of opioids has become a widespread public health crisis, with fatal overdoses becoming epidemic across North America. They have killed more than 20,000 Canadians over the past 20 years and about 4,000 new deaths occur annually in Canada. In the United States, opioids kill more people than car crashes.

Lawyer Kirk Baert called the lawsuit “long overdue.”

“These companies need to be accountable for the harm they have caused to thousands of Canadians,” Baert said.

The named defendants make, market, distribute and sell opioids in Canada. Some of the drugs such as fentanyl, oxycodone, and tramadol have become household names in light of the ravages they have wrought.

The statement of claim alleges the companies indulged in a pattern of “false and deceptive” marketing by, among other things, telling patients that opioid use for pain relief would improve their quality of life without any adverse effects such as addiction or withdrawal issues.

“The defendants knew or ought to have known that their representations regarding the risks and benefits of opioids were not supported by, or were contrary to, scientific evidence,” the claim asserts. “(They) advised health-care professionals to ignore signs of addiction on the basis of an unfounded condition they called pseudoaddiction.”

Last year, the British Columbia government, which declared a public health emergency in 2016, also filed a proposed class action against pharmaceutical companies in an attempt to recoup the health-care costs associated with opioid addiction. That suit named 40 defendants. Other provinces have also considered taking such action.

This month, the maker of OxyContin in the United States was hit with another state lawsuit that alleges it kept pitching the painkiller to doctors even after its sales representatives raised concerns about inappropriate prescribing. The lawsuit against Connecticut-based Purdue Pharma, which has said it may have to go bankrupt, made Pennsylvania at least the 39th state to sue the company.

Colin Perkel, The Canadian Press

The Canadian Press

Like us on Facebook and follow us on Twitter

Just Posted

Get those flowers competition ready

Gardeners will come together June 29, for the 22nd Juried Flower Show

New law introduced to make donating “easier for Canadians”

MP Dan Albas introduces crypto currency-favouring legislation

Okanagan-Shuswap Weather: Most long-weekend rain has already fallen

A mix of sun and cloud is expected for the last two days of the the Victoria Day weekend.

Update: Mother dead, youth in critical condition after carbon monoxide poisoning at Sandy Point Campground

The woman was found unresponsive insider her tent and the youth was taken via air ambulance to hospital

22nd annual Peachland World of Wheels show kicks off May long weekend

Sunday will 500 classic cars and over 10,000 attendees

Kelowna RCMP interrogation video brings home reality in ‘visceral way’: former TRC chairman

Video of Mountie interrogating young Indigenous woman disclosing sexual abuse under fire

Update: Plan to see more smoke from South Okanagan wildfire

Richter Creek wildfire, 12 kilometres west of Osoyoos, is an estimated 400 hectares

Court decision prompts regional district to throw flood mitigation back at province

Public safety minister maintains Newsome Creek concerns in hands of local government

Woodworth purchased Summerland rink, created butcher operation

Giant’s Head Rink had been one of three facilities in Summerland

Canadian killed in Honduras plane crash

The crash happened in the Roatan Islands area, according to officials

B.C. ferry stops to let black bear swim past near Nanaimo

Queen of Oak Bay brakes for wildlife in Nanaimo’s Departure Bay

Some South Okanagan students are $1,000 richer

Million Dollar Bursary Program offers bursaries each year to Interior Savings’ young members

Okanagan adventurer continues motorcycle trip around the world

Vernon local James Leigh recently completed the third of five legs of the journey, travelling through China and Kazakhstan

Riders “step up” their game at Coldstream Equestrian Clinic

Riders from across the Okanagan travelled to Coldstream to train for the 2019 55+ Senior Games, which take place in Kelowna this fall.

Most Read