'They're robbing us of citizens': Buncombe County sues top opioid sellers

ASHEVILLE — Buncombe County has filed a federal lawsuit against the pharmaceutical industry's largest manufacturers and distributors that officials say are responsible for fueling the local opioid epidemic.

Commissioners and recently hired attorneys unveiled the public nuisance lawsuit during a press conference Tuesday afternoon. Twenty-three defendants are listed, which include five of the largest manufacturers of prescription opioids, the three largest wholesale drug distributors in the U.S., and their related companies.

The firms include Purdue Pharma, Teva Pharmaceutical Industries, Johnson and Johnson, Endo Health Solutions, Allergan, Actavis and Watson Pharmaceuticals. Buncombe County officials said the firms sell medicine such as Oxycontin, Percocet and Norco, among others.

For the lawsuit, the county hired attorneys associated with the Dallas-based firm Baron and Budd. Its list of clients include Cincinnati, Birmingham, Alabama, and Louisville.

See:

DA, sheriffs to unveil new steps to fight opioid crisis

Opioid overdoses in Buncombe County tripled in 2017

In a handout distributed to news media, the county said filing a public nuisance lawsuit could "take the economic burden" off taxpayers and instead would place it on the distributors.

"We cannot afford in Buncombe County, or in the country anymore, to just stand back and let this happen," Commissioner Al Whitesides said. "We gotta speak up. Because we are speaking up and fighting for a lot of people."

Baron and Budd is well-known in the legal fight against opioid distributors and represents more than 80 units of government. Attorney Mike Fuller said Tuesday that the firm has spoken with several Western North Carolina municipalities, including Haywood and McDowell counties.

Under the agreement, Buncombe would not pay legal fees unless it won a settlement. If successful, Baron and Budd would receive 30 percent.

The county has not specified how much it will seek in monetary damages and it's unclear how long the process will take.

"Litigation can go many different routes," Fuller said. "We plan on pushing forward as hard as we can, as fast as we can."

The lawsuit claims the distributors and manufacturers engaged in "false, deceptive and unfair marketing and/or unlawful diversion of prescription opioids."

Allergan sent a statement late Tuesday.

"It is important to put into perspective Allergan’s role regarding opioids. Allergan’s two branded opioid products – Norco and Kadian – account for less than 0.08% of all opioid products prescribed in 2016 in the U.S," the company said. "These products came to Allergan through legacy acquisitions and have not been promoted since 2012, in the case of Kadian, and since 2003, in the case of Norco."

"Allergan has a history of supporting -- and continues to support -- the safe, responsible use of prescription medications. This includes opioid medications, which when sold, prescribed and used responsibly, play an appropriate role in pain relief for millions of Americans."

Buncombe County saw more than 200 opioid overdoses in the first eight months of 2017, according to state data. Last year, the county saw 42 opiate-related deaths -- a 45 percent increase from about 10 years prior.

County Social Services Director Tammy Shook also said about 70 percent of children entering foster care are due to parents dealing with addiction and substance abuse.

"These drugs are brought in here under false pretenses and they're robbing us of citizens," said Ellen Frost, the county board's vice-chairwoman. "They're robbing us of resources but more importantly, they're robbing us of citizens -- the babies that are in foster care, the paramedics that have to go out for things that they typically would never have to encounter.

"So, I embrace this fight."

You can view the lawsuit here: