Prosecutions of Big Pharma Over Opioids Unlikely, Panel Says
Courts and prosecutors have a frontline role to play in the fight against the opioid epidemic, but don't expect high-ranked officials from Big Pharma to face criminal prosecution any time soon, a group of criminal justice officials from across the country said during a panel discussion March 16.
March 16, 2018 at 06:08 PM
4 minute read
Photo: Shutterstock.com
Courts and prosecutors have a frontline role to play in the fight against the opioid epidemic, but don't expect high-ranked officials from Big Pharma to face criminal prosecution any time soon, a group of criminal justice officials from across the country said during a panel discussion March 16.
“I wouldn't get anyone's hopes up, There's just a host of problems,” New York City's Special Narcotics Prosecutor Bridget Brennan told the audience, adding that statute of limitations issues might be the biggest hurdle in prosecuting pharmaceutical executives.
The comments came during a discussion hosted by Penn Law's Center for Ethics and the Rule of Law aimed at addressing the available criminal and civil justice responses to the opioid crisis. Along with Brennan, Delaware Attorney General Matthew Denn, Georgia Attorney General Chris Carr, chief judge of Philadelphia's Veterans Court Patrick Dugan and others were part of the panel examining what role law enforcement can play in the growing crisis.
Although the officials agreed criminal prosecutions won't likely rise to the level of the pharmaceutical companies, courts have a strong role to play when it comes to holding doctors accountable for reckless prescriptions and getting those in need into treatment. At a time when there is some discussion of decriminalizing low-level possession of certain drug-related offenses, several on the panel said the roles of the court are increasingly important.
“What is going to fill that void if we stop prosecuting them?” Dugan said. “I can be the big, older brother who is needed to be tough on them. As a court I have that hammer that perhaps a doctor or a parent has lost.”
Denn agreed, and said his office continues to press charges for possession in all but extremely low-level cases.
“The criminal justice system can be extraordinarily difficult, but in the long term, they're better off in the system,” Denn said. “It can be tougher to get well without any structure.”
The conversation was wide-ranging, and touched on, among other things, the differences in how law enforcement dealt with the crack versus opioid epidemics, new data-driven approaches to keep tabs on high-prescribing doctors, and about President Donald Trump's efforts to tackle the issue, including creating a task force and saying that drug dealers should receive the death penalty.
Carr lauded the president for speaking out publicly about the issue, and said, regardless of practicality, he could understand the sentiment behind Trump's comments regarding the death penalty for drug dealers. However, he said, more needs to be done on the part of Congress to raise money to address the issue.
Dugan agreed, saying the epidemic is draining the court's resources to the point where courts have to rely on nonprofit therapy services because there is no money for publicly funded social services.
“Talk, talk, talk,” he said. “Show us the money. We can't bring enough people in the court room. We have to rely on nonprofits. Give me more doctors at the VA.”
The issue of having the death penalty for drug dealers has recently arisen in Delaware, Denn said, noting that state lawmakers are looking to revise a law that would allow prosecutors to charge dealers for causing overdose deaths. However, Denn said, prosecutors will need to strike a balance between holding dealers accountable, while making sure that the public continues to take advantage of so-called Good Samaritan laws that give immunity to people who alert law enforcement when someone is overdosing.
During the discussion several questions revolved around holding not only doctors and dealers accountable, but also drug manufacturers and marketers. But many on the panel agreed those issues might be better addressed by the civil system and with regulatory changes that would help ensure a similar situation does not occur in the future.
“All problems can't be dealt with in the criminal context,” Brennan said.
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
© 2024 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 AllAttorneys Ordered to Apologize to South Philadelphia Residents Following 'Scream Test' Experiment
5 minute readChild Welfare Agency, Hotel Agree to $9.4M Settlement With Trafficking Victim
3 minute readFederal Judge Rejects Lyft's 'Competitive Harm' Claims in Attempt to Seal Safety Procedures, Storage Information
4 minute readTrending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
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