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News (Media Awareness Project) - US WV: Lawyer Wants OxyContin Lawsuit Back In State Court
Title:US WV: Lawyer Wants OxyContin Lawsuit Back In State Court
Published On:2001-07-03
Source:Charleston Daily Mail (WV)
Fetched On:2008-01-25 15:05:35
LAWYER WANTS OXYCONTIN LAWSUIT BACK IN STATE COURT

BLUEFIELD -- A lawyer representing two women who are suing the makers of
OxyContin says he will challenge the case's transfer to federal court.

The transfer from McDowell Circuit Court to U.S. District Court was
automatic since the drug's manufacturer, Purdue Pharma, and other
defendants are based out of state.

The lawsuit was originally filed in state court on May 25 and assigned to
U.S. District Judge David Faber on June 21.

Lawyer Mark Hunt is representing Sharon Faye Baker and Chastity Cassady in
their lawsuit against Purdue Pharma, L.P., the Purdue Frederick Co., Purdue
Pharmaceuticals, L.P., the P.F. Laboratories, Inc., PRA Holdings, Inc.,
Abbott Laboratories, Abbott Laboratories, Inc. and Bradshaw Pharmacy.

Hunt said he has amended the lawsuit to include a McDowell County pharmacy
as a defendant. He will file a motion this month to have the case sent back
to state court.

The complaint alleges the companies manufactured and aggressively promoted
and sold the painkiller to pharmacies and doctors in West Virginia, who in
turn prescribed and dispensed the drug to people who became addicted.

It also claims the companies were negligent and reckless in the design,
manufacture, testing, advertising, warning, marketing and sale of the drug.

The two plaintiffs are described only as West Virginia residents. Baker is
also listed as a McDowell County resident.

The complaint does not ask for a specific amount of money, but requests
damages for past and future pain and suffering, punitive damages, medical
costs and attorneys' fees.

The companies have filed a document called an "affirmative defense" that
seeks to have the case dismissed. The document says the injuries sustained
by those addicted to the drug are the result of illegal and improper
behavior that the companies are not responsible for.

The companies say the national press is partly responsible for people
becoming addicted to the drug.

"Irresponsible reports appearing in the media have suggested to the public
methods of diverting, abusing, misusing, and otherwise improperly or
illegally using OxyContin tablets," wrote Henry Jernigan, a lawyer for P.F.
Laboratories.

West Virginia is one of several states were OxyContin lawsuits have been
filed. The drug has been linked to more than 120 overdose deaths nationwide.
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