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Contact: For Immediate Release
WEST VIRGINIA JUDGE DISMISSES OXYCONTINâ CASE AGAINST PURDUE PHARMA Court rules: Purdue’s warnings “clearly laid out “ risk of misuse; plaintiff’s illegal use of OxyContin bars recovery
Stamford, CT – (August 22, 2002) – The first state court to decide an OxyContinâ -based lawsuit on its merits has dismissed the claims of a West Virginia plaintiff against Purdue Pharma L.P., the Stamford, Connecticut-based distributor of OxyContinâ (oxycodone HCl controlled-release) Tablets. Relying on “the established legal principle that a plaintiff cannot recover when his own unlawful or immoral act caused the injuries in question,” Judge James J. Rowe, Chief Judge of the Eleventh Judicial Circuit, Greenbrier County, West Virginia on August 15, 2002 decided the lawsuit brought by Brian Allen, as administrator of the estate of his deceased spouse, Rebecca Ann Allen, in Purdue Pharma’s favor. In the seven-page written Order deciding Allen v. Purdue Pharma L.P., et al, Judge Rowe held, “[The] Plaintiff and Mrs. Allen circumvented all safety measures set forth by Defendant in the form of warnings…[T]he use of OxyContinâ in contravention of those safety measures was the proximate cause of Mrs. Allen’s death.” The Judge also noted, “The undisputed evidence shows that OxyContinâ is currently and always has been a Schedule II drug, subject to the strictest regulation available. In fact, OxyContinâ can only be prescribed by a physician who is licensed by the Drug Enforcement Agency.” “[T]he various warnings” provided by Purdue Pharma “clearly laid out the possibility that [the plaintiff’s] actions could lead to a fatal overdose…” Judge Rowe added. Howard R. Udell, Executive Vice President and General Counsel of Purdue Pharma, reacted, “Judge Rowe’s decision is crystal clear. When you ignore safety warnings and take an otherwise safe and effective product in an irresponsible and illegal manner, no personal injury lawyer will be able to help you cash in on your own misconduct by suing the product’s maker. Any loss of life is a tragedy, but Judge Rowe’s ruling kept this personal tragedy from becoming a legal travesty. “Baseless cases like this will not produce a quick financial windfall. The Allen decision strengthens our resolve to defend these cases vigorously and to the hilt. We have not settled one of these cases – not one. We have made a safe and effective product available for patients who need it according to the medical judgment of their doctors and we’re not going to compromise medical care by caving in to baseless litigation,” Udell concluded. Dr. Paul Goldenheim, Executive Vice President for Worldwide Research and Development at Purdue Pharma, added, “Bad lawsuits can interfere with good medicine, and this can lead to human suffering. Because of the groundless fears promoted by personal injury lawyers in pursuit of a quick settlement, patients may be frightened into ignoring their physicians' professional judgment. Many patients tell us that they ‘get their lives back’ when their painful conditions are relieved through prescription medications as part of an overall treatment program.” The Allen case, in which Henry Jernigan and the Charleston office of Dinsmore & Shohl LLP represented Purdue, is the most recent legal victory for Purdue Pharma. Including Allen, fourteen lawsuits against the company have been dismissed to date. Purdue also has defeated two motions for injunctive relief and defeated class certification in the only case to address the issue of whether or not class action status is appropriate for these kinds of claims. The company has successfully thwarted efforts in numerous cases to defeat federal jurisdiction and have cases remanded to state courts. Additional information about Purdue’s litigation successes, as reported in The National Law Journal, can be found at http://www.nlj.com by clicking on “Past Issues” and then “April 29” 2002. To view the Court's ruling in Adobe Acrobat format, click HERE.
The professional product labeling for OxyContin© contains the following warning:
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