Montana files lawsuit against OxyContin manufacturer

HELENA — The state of Montana filed a consumer protection lawsuit against the manufacturer of OxyContin, alleging it engaged in deceptive marketing practices by misrepresenting the risk of addiction to the opioid pain medication — costing the state millions of dollars in prescription, prevention, medical and social costs.

Attorney General Tim Fox said Monday he is seeking a court order to stop the deceptive practices by Purdue Pharma and demanding damages for costs incurred by the state in paying for opioids for first-line treatment of chronic pain and for dealing with the adverse effects of opioid use, including social services, medical and law enforcement costs.

The complaint, filed on Nov. 30, also seeks punitive damages and civil penalties.

“As our investigation revealed and our complaint alleges, for years, Purdue knew the damage caused by OxyContin, and rather than scale back or eliminate distribution of the drug, it ramped-up deceptive marketing tactics to present the drug as ‘safe,’” Fox said. “Purdue manipulates doctors, lies to consumers, and its actions contributed to thousands of deaths across the country.”

Montana has seen more than 700 opioid-related deaths since 2000, the complaint said.

Purdue spokesman Robert Josephson said the company is “deeply troubled by the opioid crisis and we are dedicated to being part of the solution.”

He said Purdue is working to balance patient access to approved medications while trying to solve the public health challenge.

“We vigorously deny these allegations and look forward to the opportunity to present our defense,” Josephson said.

Purdue has had a similar response to the increasing number of lawsuits filed by states and other government entities against the pharmaceutical company.

Montana’s complaint says opioids were widely recognized as highly addictive and only suitable for short-term use for severe pain or when a patient was dying.

In 2007, Purdue settled with the federal government and several states, including Montana, acknowledging it lied to doctors about the OxyContin’s potential for abuse.

However, the complaint says, Purdue continued to deceptively market the pain medication through promotional sales visits, various payments to physicians and through patient advocacy groups.

Purdue also has advocated an unsubstantiated concept of “pseudo-addiction” that suggested a patient seeking more medication was not addicted, but their pain was being under-treated, and doctors should prescribe a higher dose of opioids, the complaint alleges.