Johnson & Johnson, Teva Pharma sued for misrepresenting risks of opioid painkillers

Johnson & Johnson and Teva Pharmaceuticals have been sued for deceiving prescribers and misrepresenting the risks and benefits of opioid painkillers. West Virginia Attorney General Patrick Morrisey filed a suit on Friday against the two major manufacturers of opioid painkillers

The Attorney General alleges both manufacturers helped fuel the opioid epidemic by individually engaging in strategic campaigns to deceive prescribers and misrepresent the risks and benefits of opioid painkillers.

Attorney General Morrisey said, "The widespread deception alleged in our lawsuits cannot be tolerated. Bad actors within the pharmaceutical supply channel cause immense harm to the state of West Virginia and its citizens. They must be held accountable for their actions."

The lawsuits, filed separately in Boone County Circuit Court, allege that the companies fraudulently concealed misconduct, mischaracterized and failed to disclose the serious risk of opioid addiction. They overstated the benefits of chronic opioid therapy and promoted higher dosage amounts without disclosing inherently greater risks.

The lawsuit against the Johnson & Johnson alleges that its subsidiary and co-defendant, Janssen Pharmaceuticals Inc. chose to persuade the concerned doctors that the opioids that they were not in favor of prescribing were more effective. The subsidiary indulged in convincing doctors that those opioids were also safe enough for wide and long-term use, even for treatment of relatively minor pain conditions.

The sales representatives for Teva marketed the fentanyl-based opioid Actiq to non-oncologists and pain clinic doctors, even though the representatives knew the drug in question was for cancer patients, according to the Teva Pharmaceuticals lawsuit.

Both lawsuits allege the manufacturers' conduct and campaign of misrepresentations led to opioids becoming a common treatment for chronic pain in West Virginia. The malpractice on their part fueled substance abuse and the state's skyrocketing rate of overdose deaths.

The Attorney General alleges the manufacturers' conduct violated the state's Consumer Credit and Protection Act and caused a public nuisance. Both lawsuits seek injunctive and equitable relief.