In the Fight Against Dangerous Drugs, an Insurance Company Takes the Lead

As personal injury attorneys, we have seen first-hand how destructive opioids can be. America is currently fighting a dangerous opioid addiction crisis, with drugs like OxyContin at the forefront.

Since its release in 1995 by Purdue Pharmaceuticals, Oxycontin has generated around $35 billion in revenue – and sparked an opioid addiction crisis in this country. More than 200,000 people have died from accidental overdoses, per The New Yorker. “Overdoses are now the leading cause of death of Americans under 50,” per CBS News. The President has declared the opioid crisis a “health emergency,” and promised to “suspend a rule that currently prevents Medicaid from funding many drug rehabilitation facilities,” so that more people could access help.

Given the nature of this crisis, something “big” was needed. That something came in the form of Florida Blue, the state’s largest insurer, issuing a statement that they will no longer cover OxyContin prescriptions as of January 1, 2018. The Miami Herald reports “Instead of OxyContin, Florida Blue will cover a similar opioid called Xtampza ER, which is also made from oxycodone. But Xtampza ER is designed to deter abuse because the pills cannot be crushed for injecting or snorting…. While Florida Blue will cover Xtampza ER, the insurer will stick to a policy it enacted in 2015 that requires prior authorization for all oxycodone prescriptions of more than seven days.”

Florida Blue is not the only insurer to make this decision. Cigna also announced that they would stop covering OxyContin. The company issued a statement “asking opioid manufacturers to align with efforts to reduce opioid use, and has signed a value-based contract with Collegium Pharmaceutical for the drug Xtampza® ER, an oxycodone equivalent with abuse deterrent properties.”

Georgia should take a lesson from its neighbors to the south

In 2017, the Substance Abuse Research Alliance (SARA) published the white paper “Georgia Prevention Project,” with its findings about opioid abuse in our state. You can read the report in its entirety here, but there are a few numbers we want you to know:

• 1,307: the number of people in Georgia who overdosed on drugs in 2015
• 900: the number of people in Georgia who overdosed on opioids, including heroin, in 2015
• 549: the number of people in Georgia who overdosed on prescription opioids in 2015
• 55: the number of counties in Georgia where overdose rates were higher than the national averages in 2014
• 11: where Georgia ranks, out of 50, for prescription opioid overdose-related deaths
• 5 million: the number of people in the U.S. who reported misusing pain relievers in 2015

The legal community is holding drug makers accountable

Florida Blue and Cigna’s refusal to insure dangerous drugs is important, and the legal community is doing their part, too. As of September, “The attorney generals of 41 U.S. states [have banded] together to investigate the makers and distributors of powerful opioid painkillers that have, over the past decade, led to a spike in opiate addictions and overdose deaths,” per NPR. They are currently investigating these companies:

• Endo International plc, created after a buyout from DuPont Merck
• Janssen Pharmaceuticals, a subsidiary of Johnson & Johnson
• Teva Pharmaceuticals, the largest generic drug manufacturer in the world
• Allergan, Plc, formerly known as Actavis, which has sold portions of its business to Teva
• Purdue Pharma, the creators of OxyContin, privately owned by the Sackler family

Furthermore, Ohio, Missouri and Oklahoma, as well as multiple cities and towns, have already filed lawsuits against opioid manufacturers. The indictment of John Kapoor, founder of Insys Therapeutics for his role in a kickback scheme wherein the deadly fentanyl spray Subsys was prescribed to people who did not need it, is proof that authorities are finally taking the necessary steps to wrestle the opioid crisis to the ground.

At Harris Lowry Manton LLP, we are committed to helping Georgia families whose lives have been affected by dangerous prescription medications, and who have been prescribed drugs they should not have been. If you or your loved one has sustained an injury because of the negligent actions of a healthcare professional, we may be able to help. Please call our attorneys in Atlanta at 404-961-7650, our lawyers in Savannah at 912-651-9967, or fill out our contact form.