Develop a plan for any opioid damages
With Luzerne County’s decision to join the growing ranks of cities, counties and states suing pharmaceutical companies over alleged “false and deceptive marketing” of opioids, it is not too early to consider how any prospective damages should be spent.
With more than two dozen suits already filed and the likelihood of many more, a large settlement such as the one reached in similar litigation against the tobacco industry would not be out of the question. And the history of the how Pennsylvania and other states handled their share of that $246 billion settlement is instructive.
Like tobacco companies, the pharmaceutical defendants are accused of deceitful marketing that downplayed the addictive and deadly consequences of their wares, leading to dire health consequences and massive medical expenditures. In the case of pharmaceuticals, one could theoretically add the law enforcement costs of combating illegal sales and a subsequent rise in heroin trafficking as those hooked on prescription drugs found a cheaper alternative, not to mention the societal costs of families ravaged by drug abuse and overdoses.
Pennsylvania developed a comprehensive plan for spending the $11 billion it received in the tobacco settlement, focusing on medical research, smoking cessation and other health-related spending. Until recently, Harrisburg had shown uncharacteristic restraint in not raiding the settlement for other purposes. However, a recent revenue package signed by Gov. Tom Wolf, subject to approval by the Commonwealth Financing Authority, would borrow $1.5 billion from the tobacco settlement to fill a budget gap. Unfortunately that will reduce the funds going toward worthwhile health initiatives over the next 20 years.
But the idea of targeted uses for settlement proceeds should be applied to the opioid case, with stricter restrictions to prevent the money from being used elsewhere.
One can foresee a settlement that would fund drug treatment and enforcement, research into non-addictive pain maintenance, programs to discourage drug use by youth and aid to families affected by addiction and overdose deaths.
Pennsylvania and our region stumbled blindly and unknowingly into the opioid crisis, allegedly abetted by drug companies focused more on profit than the public good. As we pursue remediation, we should be clear-eyed and forward-thinking about how we will utilize any proceeds from opioid litigation to clean up the wreckage and prevent a reoccurrence.
