New York Financial Regulator Sues Opioid Maker, Alleging It Downplayed Usage Risk
U.K.-based Mallinckrodt is the first company charged in a broader DFS investigation into the opioid crisis, according to the agency.
April 21, 2020 at 05:19 PM
3 minute read
The New York State Department of Financial Services has charged the drug manufacturer Mallinckrodt with fraudulent insurance acts and intentional misrepresentation of facts, arguing that the company contributed to the opioid crisis in the United States by downplaying the risks and overstating the benefits of long-term opioid use.
U.K.-based Mallinckrodt is the first company charged in a broader DFS investigation into the opioid crisis, according to the agency.
In the past 10 years, New York health plans have incurred up to $1.8 billion in claims for unnecessary opioid prescriptions and the consequences of opioid abuse, DFS officials wrote in their statement of charges. According to a U.S. Drug Enforcement Administration database, Mallinckrodt manufactured 39% of the opioid pills in New York between 2006 and 2014, the DFS officials wrote.
Mallinckrodt promoted its opioid products in a way that minimized the risk of addiction and encouraged opioid prescriptions for long-term issues, including chronic pain, whereas opioids had traditionally been used for palliative care or for short-term recovery in hospitals, according to the statement of charges.
Mallinckrodt was the founding sponsor of www.pain-topics.org, a website launched in 2006 that claimed to provide information about the relative safety of opioid use, according to the statement of charges. DFS officials argued that the website actually promoted dangerous misconceptions, including the idea that opioid addiction isn't a particular risk for people without a history of other substance use issues.
DFS also accused Mallinckrodt of paying doctors who prescribed its pills, including $15,000 to $20,000 in honoraria for speaking engagements to one top prescriber.
A Mallinckrodt representative said the allegations were "without merit" in a statement Tuesday.
"In its Hobart, N.Y. facility, Mallinckrodt has and continues to manufacture necessary, legitimate opioid medications in amounts that are approved by the U.S. Drug Enforcement Administration, and does not promote these products to doctors," the statement said.
Mallinckrodt is charged with violating two New York insurance laws, which could each lead to $5,000 in civil penalties for every fraudulent prescription, according to the statement of charges, which was sent to Mallinckrodt Friday. A hearing is set for Aug. 24 in Manhattan.
In a statement Tuesday, Gov. Andrew Cuomo emphasized the human cost of the opioid crisis. "The worst frauds are those that go beyond individual harm to institutionalized systemic fraud—and the opioid scheme is no exception," Cuomo said. "The opioid manufacturers knew how addictive and dangerous their products were and they used it as a business model for their own financial gain at the cost of thousands of human lives and billions of dollars."
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllMajor Drug Companies Agree to Pay $49.1 Million to 50 States, Territories
3 minute readLawsuit Alleging $23 Million Contract Breach Against Biogen Moves Forward
Bristol-Myers Squibb Wins Dismissal of $6.4 Billion Lawsuit Alleging Intentional Delay of Cancer Drug
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250