Pubdate: Sat, 31 Aug 2002
Source: Cincinnati Enquirer (OH)
Copyright: 2002 The Cincinnati Enquirer
Contact:  http://enquirer.com/today/
Details: http://www.mapinc.org/media/86
Author: Janice Morse
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

OXYCONTIN SUIT MAY BE TRIED IN BUTLER

HAMILTON - If a judge's ruling stands, Butler County could become the 
nation's first venue where a statewide class-action lawsuit involving 
OxyContin proceeds.

In a decision released Friday afternoon, Butler County Common Pleas Judge 
Michael J. Sage said Cincinnati's Stanley Chesley and other lawyers could 
represent all Ohioans who claim they were harmed by the powerful 
painkiller, either by taking it by prescription or by others' use or abuse 
of the drug.

The suit would exclude people who obtained OxyContin illegally. But it 
could include thousands of plaintiffs seeking monetary damages from those 
who made, marketed, sold and distributed the drug.

"The abuse, intentional or accidental, of OxyContin, has created a 
significant health crisis for Ohio citizens," the judge wrote in his 
24-page decision. "Numerous individuals have been injured, have died or had 
their health, safety and well-being detrimentally affected as a result of 
OxyContin."

Mr. Chesley's law firm said Judge Sage's ruling was believed to be the 
nation's first certified statewide class-action suit against OxyContin.

The Chesley team claims the drug companies irresponsibly marketed OxyContin 
for wide use "despite knowing that OxyContin was unsuited for most patients."

The defendants denied the allegations and argued OxyContin should be 
challenged one person at time because users' situations vary.

But Judge Sage said there were "common questions relating to the 
defendants' alleged wrongful conduct."

The judge's order could be appealed; the case is expected to take months to 
conclude.
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MAP posted-by: Jay Bergstrom