Westmoreland County files lawsuit to recoup money lost to opioid crisis
Westmoreland County on Friday filed a sweeping lawsuit against major U.S. drug manufacturers in an effort to recoup money it lost as a result of the crippling opioid crisis that has led to a record number of fatal overdoses.
The lawsuit, which was first proposed last month, was filed in Westmoreland County court and seeks unspecified compensatory and punitive damages from 27 drug companies, distributors and several doctors who, according to the litigation, have contended opioids are not addictive.
None of the defendants has ties to the county.
“This all has to do with the drug epidemic, and we're trying to recoup our costs. This isn't to just make a point,” said county commissioner Chairwoman Gina Cerilli.
The county in the last year ramped up its efforts to fight the drug problem, which has cost money as well as lives, according to a report from county Controller Jeff Balzer. Nearly $19 million was paid last year by local taxpayers to fund government operations related to the crisis.
That includes the expenses for the county's court and social services systems.
A number Pennsylvania counties have filed similar lawsuits in recent months, including one by York County earlier this week.
As of Friday, the Westmoreland County Coroner's office confirmed 158 fatal drug overdoses in 2017, with another 25 suspected cases pending final toxicology reports. That would set another record, surpassing the previous high of 174 drug deaths in 2016.
According to the lawsuit, Westmoreland County had 35.2 overdoses for every 100,000 residents in 2015, a number that ranked it among the 10 Pennsylvania counties with the highest overdose rates.
The drug crisis has impacted even newborns, the lawsuit contends. In 2015, 3.12 percent of all babies born in Westmoreland required treatment for substance abuse, and 82 percent of addicted newborns were treated for withdrawal symptoms.
Meanwhile, drug-related crime in the county in the past decade has jumped by 428 percent, according to the lawsuit.
It alleges that the drug companies purposely continued to market dangerous opioids though they knew they were addictive and caused significant side effects.
“Despite the foregoing knowledge, in order to expand the market for opioids and realize blockbuster profits, defendants sought to create a false perception of the safety and efficacy of opioids in the minds of medical professionals and members of the public that would encourage the use of opioids for longer periods of time and to treat a wider range of problems, including common aches and pain, lower back pain, arthritis and headaches,” the lawsuit states.
Pittsburgh attorney Robert Peirce, who filed the lawsuit for the county, said he expects the litigation to remain in Westmoreland County and not be consolidated with other counties in the state.
“We will try to help the county recover millions of dollars the opioid crisis has cost,” Peirce said.
The commissioners last month hired Peirce and a New York-based law firm to prepare and file the lawsuit. The lawyers will be paid 25 percent of any money the county recovers.
Meanwhile, county officials are considering doubling the 2-year-old drug court program from 50 to 100 participants.
Cerilli said the lawsuit is another piece of the overall effort to help curb the crisis.
“We're in this for the long haul,” she said.
Rich Cholodofsky is a Tribune-Review staff writer. Reach him at 724-830-6293 or rcholodofsky@tribweb.com.
