Posted on 08/22/2002 11:59:53 AM PDT by the_real_gw
CHARLESTON DAILY MAIL
http://www.dailymail.com/news/News/2002082250/
Ruling breaks ground: OxyContin's maker not liable for abuse of drug, judge says
Vada Mossavat vmossavat@dailymail.com Daily Mail staff
Thursday August 22, 2002; 12:45 PM
In the first ruling of its kind, a Greenbrier circuit judge said the manufacturers of the powerful painkiller OxyContin are not legally responsible for deaths that occur when their drug is abused.
Circuit Judge James J. Rowe decided that the death of a 41-year-old Fairlea woman who crushed and injected OxyContin was caused by her own misconduct and not by any fault of the drug's manufacturer Purdue Pharma.
Rowe issued his summary judgment, which dismissed the case on the basis of its merits on Aug. 15.
Lawyer Henry Jernigan, who represented Purdue Pharma in the case said, "The plaintiff, having crushed and injected the OxyContin, destroyed the safeguards from that product, thus resulting in her own death."
Jernigan is a lawyer with Dinsmore and Shohl, a law firm based in Charleston.
In a written statement by the Purdue Pharma, Howard Udell, executive vice president and general counsel of Purdue, said, "Judge Rowe's decision is crystal clear. When you ignore the safety warnings and take an otherwise safe and effective product in an irresponsible and illegal manner, no personal injury lawyer will be able to help you cash in on your own misconduct by suing the product's maker. Any loss of life is a tragedy, but Judge Rowe's ruling kept this personal tragedy from becoming a legal travesty."
The suit was filed by Hunt and Serreno lawyer Ed ReBrook on behalf of Plaintiff Brian W. Allen as administrator of the estate of Rebecca Ann Allen.
The case was filed in Greenbrier Circuit Court on Oct. 2, 2001.
ReBrook could not be reached for comment.
The suit alleged that Purdue Pharma "negligently manufactured and aggressively promoted and sold OxyContin to pharmacies and physicians in West Virginia and that, unbeknownst to those residents of West Virginia, including Plaintiff, but known to the manufacturer," the drug was unreasonably dangerous. It contended that Rebecca Allen died of an addiction to the drug.
Judge Rowe said that neither actions in manufacturing or distributing the drug were proximate causes of Rebecca Allen's death.
The court said that her actions, or those of her husband, caused her death.
"This Court further finds that there are no disputed material facts on the issue of what caused Mrs. Allen's death. The facts are undisputed. The intravenous injection of OxyContin into Mrs. Allen by herself or her husband caused Mrs. Allen's death. There is simply no evidence to the contrary," according to the court's ruling.
"The facts show that the Plaintiff (Brian Allen) and Mrs. Allen willfully and purposefully ignored and circumvented all safety measures put in place by Defendant. Though the various warnings provided by the Defendant clearly laid out the possibility that their actions could lead to a fatal overdose, Plaintiff and Mrs. Allen proceeded to crush, liquefy and inject the OxyContin into Mrs. Allen's veins," according to the ruling.
"Finally, the undisputed facts show that Mrs. Allen was already a drug abuser when the OxyContin was legally prescribed to her," according to the ruling, which went on to quote her husband who said that she smoked marijuana and injected cocaine as often as they were available.
She also used morphine, crack cocaine and other pain medications, according to the ruling.
Writer Vada Mossavat can be reached at 348-4843.
"Do not juggle 35 Oxycontin tablets while whistling The Battle Hymn of the Republic and dodging freight trains."
"Do not crush the pills and use as a sugar substitute in your morning coffee."
...and so on.
If you do, mind if I try and make some money in a lawsuit? :-)
*bump*
(steely)
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