DRUGS: PROFITS VS. PAIN RELIEF

Does Its Maker Push Oxycontin Too Hard?

They've watched an epidemic of painkiller abuse sweep
through their rural towns.

Now fed-up residents of Appalachia are striking back against what they
see as the chief scourge-OxyContin, a powerful prescription drug
designed to relieve debilitating pain ("Playing With Painkillers,"
NEWSWEEK, April 9). In Virginia, disgruntled OxyContin users and their
relatives have filed a $5.2 billion class-action lawsuit against the
drugís maker, Purdue Pharma, charging that the company failed to
adequately warn consumers of the risks of using an addictive opioid
like OxyContin and that it marketed the drug irresponsibly in order to
fuel $1 billion in sales last year alone. "They have done more to
devastate our region than the Colombian drug lords ever thought of
doing," says Abington, Va., lawyer Emmitt Yeary. Purdue calls the
claims "completely baseless" and has vowed to fight the charges.

The lawsuit reaches out to virtually everyone whose life has been
touched by the drug. Many of the plaintiffs claim they got hooked
taking OxyContin exactly as their doctors prescribed it. Others were
prescribed OxyContin when a milder drug would have done the job. Even
users who suffered no ill effects can sign on, claiming a "risk of
addiction." Relatives can join, too. According to the lawsuit, Carol
Wagoner, 44, is now caring for the two young girls her daughter
abandoned in the haze of her Oxy addiction. "Something needs to be
done," Wagoner says. Scores of people nationwide have phoned Yeary to
join the case. Lorraine Horton, whose son overdosed on Oxy, plans to
call soon. Next a Virginia judge will decide whether the lawsuit can
go forward and exactly who has a legitimate claim.

The plaintiffs want more than just cash. They're asking Purdue Pharma
to set up local treatment programs.

West Virginia Attorney General Darrell V. McGraw Jr. filed a similar
lawsuit in early June, charging that Purdue Pharma marketed the drug
deceptively to treat even minor pain. The state wants Purdue to ante
up for rehab programs and to reimburse insurers for unnecessary
prescriptions. To bolster his case, McGraw is collecting tales from
doctors who say Purdue drug reps tried to strong-arm them by telling
them that elderly patients would sue if they refused to prescribe
OxyContin to treat common ailments like arthritis. It's a threat that
doctors can't easily ignore.

A California jury recently ordered a physician to pay $1.5 million for
failing to prescribe adequate painkillers, including OxyContin, to a
terminal cancer patient.

Though Purdue admits that OxyContin abuse has been a problem, it
denies marketing the drug too aggressively. "Pain patients are
undertreated," says Purdue spokesman Robin Hogen. The company has been
working with federal officials to crack down on illegal OxyContin use.
Purdue is also developing versions of the drug that would be harder to
abuse, though it admits those are still years away from pharmacy
shelves. One option in the meantime: the company could collaborate
with the Food and Drug Administration to send a warning letter to
doctors who prescribe OxyContin-helping to stop the drugís abuse while
still putting a damper on legitimate pain.