I dont know, I'm going to have to follow this more closely because its complex. The Federal Government approved the drugs, the Provincial Government approved their use and distribution but they're suing the manufacturers because of the effects.....which both levels of Government should have known about before approving and prescribing.
Well the lawsuit is alleging that the companies knowingly withheld information regarding addiction. I guess the province could sue the feds for botching the review process but I still think the pharmaceutical companies are culpable here. I believe there's quite a bit of legal precedent that stipulates that companies can't knowingly put harmful products out into the marketplace and then turn around and blame the regulator for not catching them ahead of time.
What I had heard is they are suing becuase even after the studies came out showing how addictive they are, the companies still marketed them as non-adictive and deceived medical professionals in pushing them. Apparently there was an ad where they suggested if ibuprofen wasn't enough after a workout, to "take it to the next level" with oxy. I think there was some shady stuff going on there.
Well the lawsuit is alleging that the companies knowingly withheld information regarding addiction. I guess the province could sue the feds for botching the review process but I still think the pharmaceutical companies are culpable here. I believe there's quite a bit of legal precedent that stipulates that companies can't knowingly put harmful products out into the marketplace and then turn around and blame the regulator for not catching them ahead of time.
That sounds like a pretty fine line to dance.
They would have to prove that the Pharmaceutical companies actively withheld information, which I would imagine would constitute Fraud, but then the counter-argument would be how did they hide it and shouldnt the Feds have caught it?
This sounds ugly.
We shall see.
__________________ The Beatings Shall Continue Until Morale Improves!
This Post Has Been Distilled for the Eradication of Seemingly Incurable Sadness.
The World Ends when you're dead. Until then, you've got more punishment in store. - Flames Fans
If you thought this season would have a happy ending, you haven't been paying attention.
I see where they’re coming from and the allegation of deceptive marketing does look bad. On the other hand we don’t have an opioid crisis, we have an opioid overdose crisis. Legal action will likely take years or decades to work through the courts and does nothing to stop people from dying in the short term. 750 people have died from overdoses in BC this year alone and many more are on the path. There are a host of things that could be done right away to slow the death count including decriminalization, increasing space in treatment centres and reducing wait times, increasing addiction and mental health training for doctors and nurses, etc.
What I had heard is they are suing becuase even after the studies came out showing how addictive they are, the companies still marketed them as non-adictive and deceived medical professionals in pushing them. Apparently there was an ad where they suggested if ibuprofen wasn't enough after a workout, to "take it to the next level" with oxy. I think there was some shady stuff going on there.
Really? Thats insane! Not just that it would be a ludicrous marketing scheme but who in their right mind would believe that?
And if you need painkillers after every workout you're doing it wrong.
Quote:
Originally Posted by station
I see where they’re coming from and the allegation of deceptive marketing does look bad. On the other hand we don’t have an opioid crisis, we have an opioid overdose crisis. Legal action will likely take years or decades to work through the courts and does nothing to stop people from dying in the short term. 750 people have died from overdoses in BC this year alone and many more are on the path. There are a host of things that could be done right away to slow the death count including decriminalization, increasing space in treatment centres and reducing wait times, increasing addiction and mental health training for doctors and nurses, etc.
Uh...you're right, what are those kits that are being kept in most public buildings now? I forget the name, but I know they're being put everywhere so if someone has an Opioid overdose the meds are readily at hand?
__________________ The Beatings Shall Continue Until Morale Improves!
This Post Has Been Distilled for the Eradication of Seemingly Incurable Sadness.
The World Ends when you're dead. Until then, you've got more punishment in store. - Flames Fans
If you thought this season would have a happy ending, you haven't been paying attention.
It's pretty much the exact same accusations that have been leveled at Big Tobacco. And there seems to be growing evidence that the companies knew just how addictive their products were and then downplayed them to regulators and medical professionals.
Quote:
They would have to prove that the Pharmaceutical companies actively withheld information,
That's subpoenas are for. There have been a number of investigative reports done over the years that seem to indicate that the evidence is there. I would imagine that they'll be bringing plenty of doctors, pharmacists, etc., as key witnesses,
Quote:
which I would imagine would constitute Fraud, but then the counter-argument would be how did they hide it and shouldnt the Feds have caught it?
Again, I don't think a legal argument that basically boils down to "their negligence cancels out my malice" is going to stand up in court.
EDIT: That said, it could come down to federal regulations regarding what these companies are required to disclose vs. what the regulator's role in approving drugs is.
I think it's fair that there has not been adequate education of physicians and other health professionals or members of the public about the dangers of these drugs. I refer to something that was published back in 2001, an [OxyContin] advertisement, that showed a photograph of a very fit looking jogger with a tagline, "One to start and stay with." Another full page ad that says, "When you know a set of medicine will not be enough, take the next step in pain relief." These pharmaceutical manufacturers knew the dangers they did not inform physicians, and in fact they disputed claims that were being made by health professionals that were sounding the alarm.
You''re obviously more of a legal expert than I am, but wouldn't that be on the individual purchasing the product to pursue damages? I don't see the government can really involve itself there.
Again, I see that as being pretty hard to prove. We have actual numbers related to opioid addiction.
I'm also interested in seeing if this paves the way for class-action suits against these companies.
I know it is a fantasy on my part.
What governments could realistically do is regulate all health products. Should not be able to sell a health product without credible evidence that it is safe and works better than a placebo.
That's not really the issue at hand though. No one is saying you can't sell a product that's harmful. The argument is that you can't deceive people into buying a harmful product by not disclosing that it is harmful.
I think there's stuff going back even further than that, too. John Oliver did an episode on the opioid crisis and, although that's not exactly an academic source, some of the crap these companies pulled was pretty damn shady.
The disanalogy with cigarettes is that they're literally cancer sticks. They have no viable medical use. These drugs do - in fact, in the correct application, they're excellent health care tools. The question for a court is what the legal standards are for marketing, and how much responsibility falls on the manufacturer of the product to educate doctors (who are presumed to be medical experts, not naive laypeople) about when to prescribe those products. I have a hard time not putting a lot of the blame - if there is blame to be had - elsewhere.
__________________ "The great promise of the Internet was that more information would automatically yield better decisions. The great disappointment is that more information actually yields more possibilities to confirm what you already believed anyway." - Brian Eno
The disanalogy with cigarettes is that they're literally cancer sticks. They have no viable medical use. These drugs do - in fact, in the correct application, they're excellent health care tools. The question for a court is what the legal standards are for marketing, and how much responsibility falls on the manufacturer of the product to educate doctors (who are presumed to be medical experts, not naive laypeople) about when to prescribe those products. I have a hard time not putting a lot of the blame - if there is blame to be had - elsewhere.
Oh I dont know. They used to. And if theres one thing Canada is good at its pointing at the past!
__________________ The Beatings Shall Continue Until Morale Improves!
This Post Has Been Distilled for the Eradication of Seemingly Incurable Sadness.
The World Ends when you're dead. Until then, you've got more punishment in store. - Flames Fans
If you thought this season would have a happy ending, you haven't been paying attention.
I posted a story a few months ago on the company that came out with Oxy and their sales model, it was pretty horrifying to read how they were encouraging doctors to prescribe it to everyone with major incentives and bonuses and the Sales people were making huge money on it even though they knew that the drug in its original form was horrifically addictive and could be sold on the streets easily.
To me the doctors have a responsibility for the concentric circles of problems that these super powerful pain management drugs get used and abused.
__________________
My name is Ozymandias, King of Kings;
I posted a story a few months ago on the company that came out with Oxy and their sales model, it was pretty horrifying to read how they were encouraging doctors to prescribe it to everyone with major incentives and bonuses and the Sales people were making huge money on it even though they knew that the drug in its original form was horrifically addictive and could be sold on the streets easily.
To me the doctors have a responsibility for the concentric circles of problems that these super powerful pain management drugs get used and abused.
Prince’s family sues doctor who prescribed him pain pills
To me the doctors have a responsibility for the concentric circles of problems that these super powerful pain management drugs get used and abused.
I agree, and this kind of stuff is why there has been a significant medical school paradigm shift over the last decade towards indoctrinating evidence based medicine from day 1. Doctors have a duty towards their patients and profession, to digest, critically appraise, and apply the ever evolving evidence. If anything, recent grads now exhibit a subliminal distrust and desire to refute any studies sponsored by big pharma.
Haven't we known since the dawn of civilisation that opium is addictive?
__________________ "The great promise of the Internet was that more information would automatically yield better decisions. The great disappointment is that more information actually yields more possibilities to confirm what you already believed anyway." - Brian Eno
