Pubdate: Wed, 19 Sep 2007
Source: National Post (Canada)
Copyright: 2007 Southam Inc.
Contact:  http://www.nationalpost.com/
Details: http://www.mapinc.org/media/286
Author: Charles Mandel, CanWest News Service
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark: http://www.mapinc.org/oxycontin.htm (Oxycontin/Oxycodone)

Class Action to Be Launched Over Painkiller

Oxycontin; Addictive Qualities Underestimated, Lawsuit to Allege

HALIFAX - George Dellefountaine never expected he'd ended up hooked on
OxyContin. After the Halifax resident was in a car crash that left him
in chronic pain, Mr. Dellefountaine began using the powerful
painkiller in 2004 on his doctor's orders. He ended up addicted.

"I'm still suffering with chronic pain and nothing else works on me,"
Mr. Dellefountaine said. At the height of his use, the 23-year-old was
taking 80 milligrams of the drug two to three times daily. He's since
stopped using OxyContin, but Mr. Dellefountaine still experiences
shakes, mood swings and other signs of addiction.

Mr. Dellefountaine is one of 100 Atlantic Canadians who have signed on
to sue the maker of OxyContin in a class-action suit that is expected
to be filed in the Supreme Court of Nova Scotia early next week.

The action against Purdue Pharma will seek compensation for the
individuals for their alleged suffering from their use of OxyContin as
a chronic pain reliever. Halifax lawyer Ray Wagner who is filing the
lawsuit said the action could be worth hundreds of millions of dollars.

The suit will allege that the pharmaceutical company's executives
misrepresented the drug as suitable for chronic pain relief and
underestimated its addictive qualities in long-term use.

"They went past that line and misinformed the public and physicians,"
Mr. Wagner said. "OxyContin became a huge economic winner for Purdue
in its marketing and distribution to chronic pain patients."

None of the allegations have been proven in court.

Randy Steffan, director of corporate affairs with Purdue Pharma in
Pickering, Ont., said he couldn't comment on any legal matters except
to say that it would be his expectation the company would vigorously
defend any claims against it.

The Atlantic Canadian class-action will be "partnering" with two
Ontario law firms which filed a suit in June in the Ontario Superior
Court of Justice. Their statement of claim asks for $100-million in
general damages, $50-million in special damages, $25-million in
punitive damages and a "disgorgement" of revenue from sale of the drug.

The latter would see any profit made from the sale of OxyContin taken
away from Purdue and distributed among the plaintiffs.

Mr. Wagner said other class-actions in Western Canada may sign on as
well.

If the case goes to trial, it could be three to five years before it's
resolved. Mr. Wagner is no stranger to class actions. His firm, Wagner
& Associates is involved in a number of suits, including over the
Sydney Tar Ponds, and Agent Orange.

The lawsuits will not represent individuals who bought OxyContin on
the street where, because of its strength and addictive properties, it
acquired the nickname "hillbilly heroin."

Last May, Purdue subsidiary Purdue Frederick in Stamford, Conn. and
three executives pleaded guilty to misbranding the prescription
painkiller and were fined more than $634 million US in penalties. The
U.S. assistant attorney general said at the time that Purdue "put its
desire to sell OxyContin above the interests of the public."
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MAP posted-by: Richard Lake