PERSONAL

People have to take responsibility for the consequences of their acts
Friday August 23, 2002; 09:13 AM Rebecca Allen, 41, of Fairlea, who had
injected OxyContin, died. Lawyer Ed ReBrook of Hunt and Serreno in
Charleston sued Purdue Pharma, the manufacturer of the drug, on behalf of
Brian W. Allen, the administrator of Rebecca Allen's estate.

The suit contended that the company "negligently manufactured and
aggressively promoted and sold Oxycontin to pharmacies and physicians in
West Virginia, and that, unbeknownst to those residents of West Virginia,
including Plaintiff, but known to the manufacturer" the drug was
unreasonably dangerous.

Lawyer Henry Jernigan of Dinsmore and Shohl of Cincinnati represented the
company. He contended Allen caused her own death.

"The plaintiff, having crushed and injected the OxyContin, destroyed the
safeguards from that product, thus resulting in her own death," he said.
Greenbrier Circuit Judge James J. Rowe sided with common sense and
dismissed the case.

The death of a 41-year-old woman is unquestionably a tragedy.

But the court made an important finding here, and it should resound
throughout society: No matter how one structures society, people must take
responsibility for the consequences of their own actions.

Rowe found that neither the manufacturing nor the distribution of the drug
caused Mrs. Allen's death. He found that her own actions, or those of her
husband, caused her death.

"There are no disputed material facts on the issue of what caused Mrs.
Allen's death," he said. "The facts are undisputed. The intravenous
injection of OxyContin into Mrs. Allen by herself or her husband caused
Mrs. Allen's death. There is simply no evidence to the contrary.

"The facts show that the plaintiff (Brian Allen) and Mrs. Allen willfully
and purposefully ignored and circumvented all safety measures put in place
by Defendant," he wrote.

"Though the various warnings provided by the Defendant clearly laid out the
possibility that their actions could lead to a fatal overdose, Plaintiff
and Mrs. Allen proceeded to crush, liquefy and inject the OxyContin into
Mrs. Allen's veins.

"Finally, the undisputed facts show that Mrs. Allen was already a drug
abuser when the OxyContin was legally prescribed to her," the judge ruled.

Her husband said she smoked marijuana, injected cocaine, and used morphine
and other pain medications.

The liberty guaranteed to Americans under the Constitution produces many
benefits. Among them is a private sector that develops most of the
pharmaceutical breakthroughs from which the world benefits. OxyContin is a
godsend to people who must live with intractable pain.

But liberty is a double-edged sword. Individuals are responsible for what
they do with their freedom.

The modern American habit of looking for some deep pocket to pay for the
consequences of personal folly needs to stop.