Regular Session 2019-2020 House Resolution 0344 P.N. 3193

PRIOR PRINTER'S NO. 1939

PRINTER'S NO. 3193

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

344

Session of

2019

INTRODUCED BY CRUZ, DiGIROLAMO, YOUNGBLOOD, HOHENSTEIN, BURGOS,

CALTAGIRONE, SCHLOSSBERG, NEILSON, MURT, MADDEN, STRUZZI,

READSHAW, GREGORY AND TOOHIL, JUNE 3, 2019

AS REPORTED FROM COMMITTEE ON HUMAN SERVICES, HOUSE OF

REPRESENTATIVES, AS AMENDED, JANUARY 21, 2020

A RESOLUTION

Urging the Office of Attorney General to file lawsuits against

pharmaceutical companies, distributors and manufacturers for

the practices that caused or contributed to the opioid crisis

in this Commonwealth.

URGING PHARMACEUTICAL COMPANIES, MANUFACTURERS AND DISTRIBUTORS

OF PRESCRIPTION OPIOID DRUGS TO FULLY COOPERATE WITH THE

PENNSYLVANIA OFFICE OF ATTORNEY GENERAL IN REACHING FINANCIAL

SETTLEMENTS AND LEGAL RESOLUTIONS THAT REFLECT THE SEVERE,

IRREVERSIBLE HARM SUFFERED BY TENS OF THOUSANDS OF

PENNSYLVANIA FAMILIES WHO HAVE LOST LOVED ONES TO THE OPIOID

CRISIS AND TO SUBSTANCE USE DISORDER.

WHEREAS, Opioids are a classification of drugs derived from

or are a synthetic version of opium and are designed to reduce

pain; and

WHEREAS, Examples of common opioids include prescription

opioids, such as hydrocodone, methadone, morphine, oxycodone and

the, synthetic opioid OPIOIDS, INCLUDING fentanyl and

CARFENTANYL, AND illicit opioids such as heroin; and

WHEREAS, The introduction of pain as the fifth vital sign in

medicine and the increased availability of prescription opioids

in the late twentieth century led to an increased population

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using opioids and potentially developing substance use

disorders; and

WHEREAS, According to the Centers for Disease Control and

Prevention (CDC), the number of prescription opioids dispensed

to Americans quadrupled between 1999 and 2014, with primary care

providers accounting for half of the opioids prescribed; and

WHEREAS, Americans represent only 4.6% of the world's

population but consume 80% of the world's opioids and 99% of the

global hydrocodone supply; and

WHEREAS, The most recent data available for this Commonwealth

showed almost 70 prescriptions for opioid medications per 100

individuals were written by healthcare practitioners in 2016;

and

WHEREAS, The two most commonly prescribed opioid medications

in this Commonwealth are oxycodone, with more than 2.4 million

prescriptions filled, and hydrocodone, with more than 1.6

million prescriptions filled in 2017; and

WHEREAS, Nearly 80% of individuals who use heroin have

reported that they abused or misused prescription opioids prior

to using heroin; and

WHEREAS, The CDC has declared that the United States is

experiencing an opioid-induced "public health epidemic"; and

WHEREAS, The public health epidemic due to the opioid crisis

knows no boundaries nor distinctions, impacting families of all

ages, races and walks of life; and

WHEREAS, The rate of incidence of Neonatal Abstinence

Syndrome (NAS), a complex condition where a baby is born drug

dependent due to the mother's use of drugs, such as opioids,

during pregnancy, has increased 1,000% in this Commonwealth over

the past two decades; and

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WHEREAS, Opioids are the leading cause of accidental deaths

in the United States, surpassing deaths by car accidents; and

WHEREAS, The CDC has reported that a record 47,600

individuals died after an opioid overdose in 2017; and

WHEREAS, A report from the Drug Enforcement Administration

(DEA) in 2017 identified 5,456 drug-related overdose deaths in

this Commonwealth, representing a rate of 43 deaths per 100,000,

far exceeding the national average of 22 per 100,000; and

WHEREAS, As of 2017, individuals 25-54 years of age had the

highest rate of overdose deaths and 71-78% of individuals in

this age group were employed; and

WHEREAS, The societal costs to the nation associated with the

opioid crisis are staggering, amounting to over $78 billion

annually according to the CDC; and

WHEREAS, The financial toll of the crisis due to health care

spending, addiction SUBSTANCE USE DISORDER treatment, criminal

justice and lost productivity has overwhelmed the limited

resources of the Commonwealth; and

WHEREAS, The cost to the Federal Government and to the state

governments are estimated to total $37.8 billion in lost tax

revenue due to opioid-related employment loss; and

WHEREAS, Between 2000 and 2016, research conducted by the

Pennsylvania State University found that this Commonwealth was

one of the states hardest hit by opioid-related employment loss,

with about $638.2 million lost in income and sales tax; and

WHEREAS, This Commonwealth is currently in the midst of its

worst public health crisis EPIDEMIC due to the opioid epidemic

CRISIS; and

WHEREAS, Leaders of this Commonwealth have been working

tirelessly to address the opioid crisis and help the thousands

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of individuals, families and communities who have been and

continue to be affected; and

WHEREAS, The Department of Health first provided prescribing

guidelines for medical professionals relating to PRESCRIPTION

opioids in 2014 and revises these guidelines as new scientific

data becomes available; and

WHEREAS, Pennsylvania enacted the Achieving Better Care by

Monitoring All Prescriptions Program (ABC-MAP) Act on October

27, 2014 to address the rising opioid crisis by requiring the

Department of Health to run the Prescription Drug Monitoring

Program (PDMP); and

WHEREAS, The PDMP began collecting Schedule II-V controlled

substance dispensing information in June 2016 and currently

collects around 1.7 million records per month and shares data

with 16 other states and Washington, D.C.; and

WHEREAS, In April 2015, the Physician General signed two

standing order prescriptions for naloxone, one for first

responders and one for the general public to ensure that all

residents can obtain life-saving medication when an opioid

overdose is occurring; and

WHEREAS, Individuals addicted to opioids often experience

multiple overdoses in the course of their drug use and

widespread naloxone availability has resulted in many lives

saved; and

WHEREAS, Law enforcement reported to the Department of Drug

and Alcohol Programs that they have saved more than 6,400 lives

with naloxone through December 2017; and

WHEREAS, In June 2017, Attorney General Josh Shapiro

announced that a bipartisan investigation to evaluate whether

pharmaceutical manufacturers have engaged in unlawful practices

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in the marketing and sale of PRESCRIPTION opioids was being

conducted with 41 other state Attorneys General; and

WHEREAS, The opioid epidemic CRISIS was declared a public

health emergency in October 2017 by the President of the United

States; and

WHEREAS, A disaster emergency due to the opioid crisis was

declared by the Governor in January 2018 and has since been

renewed five EIGHT times; and

WHEREAS, The emergency declaration established an Opioid

Command Center to enhance coordination and data collection to

bolster State and local response and to improve tools for

families, first responders and others to save lives and to

remove various barriers to speed up and expand access to

treatment; and

WHEREAS, Despite the great strides this Commonwealth has

taken in addressing the opioid crisis, it is clear that more

needs to be done, as tens of thousands of Pennsylvanians

continue to lose their lives each year; and

WHEREAS, Holding individuals AND COMPANIES who PRODUCE,

supply AND DISTRIBUTE drugs accountable for harm is an important

deterrent to co-conspirators; and

WHEREAS, Section 2506 of Title 18 of the Pennsylvania

Consolidated Statutes states that a person commits a first

degree felony if one intentionally administers, dispenses,

delivers, gives, prescribes, sells or distributes any controlled

substance or counterfeit controlled substance in violation of

certain sections of The Controlled Substance, Drug, Device and

Cosmetic Act, and another person dies as a result; and

WHEREAS, The equivalent Federal statute is section 841 of

Title 18 of the United States Code CODIFIED AT 18 U.S.C. § 842;

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and

WHEREAS, It has been reported that various pharmaceutical

companies, distributors and manufacturers OF PRESCRIPTION

OPIOIDS have been investigated and fined by the DEA for failing

to operate mandatory internal oversight systems in good faith,

report suspicious orders to the DEA and halt the shipment of

suspicious controlled substance orders once discovered; and

WHEREAS, Additional various Federal and State statutes that

may be relevant include the Controlled Substances Act, the

Unfair Trade Practices and Consumer Protection Law and common

law negligence and fraud; and

WHEREAS, Certain IT WAS REPORTED THAT DURING THE LAST DECADE,

CERTAIN pharmaceutical companies have spent and continue to

spend hundreds of millions of dollars to defraud or mislead

healthcare professionals, patients and the public about the

addictiveness of powerful prescription opioid drugs; and

WHEREAS, These pharmaceutical companies used not only

misleading, but fake scientific charts and data to convince the

medical community to increasingly prescribe opioid drugs; and

WHEREAS, The deceptive marketing practices included the

downplaying of the serious risk of addiction, promoting the

concept of "pseudoaddiction" and advocating that the signs of

addiction should be treated with more opioids, claiming that

opioid dependence and withdrawal are easily managed and denying

the risks of higher opioid dosages; and

WHEREAS, Through such questionable practices and the sale of

opioid medications PRESCRIPTION OPIOIDS, pharmaceutical

companies, MANUFACTURERS AND distributors and manufacturers have

earned and, IN SOME CASES, continue to earn billions of dollars

in profits; and

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WHEREAS, Opioid sales peaked at $8 billion in revenue for

drug companies in 2015; and

WHEREAS, The Associated Press and the Center for Public

Integrity published an investigation outlining how certain

pharmaceutical companies and their allies have adopted a 50-

state strategy that includes hundreds of lobbyists and nearly $1

billion spent on lobbying and campaign contributions from 2006

through 2015 to help kill or weaken measures aimed at stemming

the tide of prescription opioids; and

WHEREAS, Although some pharmaceutical companies,

MANUFACTURERS AND distributors and manufacturers OF PRESCRIPTION

OPIOIDS announced in 2018 that they would be ending END the

practice of MARKETING AND promoting opioid medications THE USE

OF PRESCRIPTION OPIOIDS to prescribers through HEALTH CARE

PROVIDERS BY sales representatives, this process THE AGGRESSIVE

MARKETING OF PRESCRIPTION OPIOIDS did not occur CEASE until

after large profits were made, an opioid crisis was created and

lawsuits were filed; and

WHEREAS, States have historically filed lawsuits against

industries that engaged in illegal business practices, such as

the tobacco industry in the 1990s, in order to protect THE

HEALTH, SAFETY AND GENERAL WELFARE OF their residents; and

WHEREAS, By pursuing legal action against the pharmaceutical

companies, MANUFACTURERS AND distributors and manufacturers, OF

PRESCRIPTION OPIOIDS, the Commonwealth is attempting to hold

those that had and continue to have a significant role in the

creation of the opioid crisis responsible; and

WHEREAS, Lawsuits against pharmaceutical companies and,

manufacturers AND DISTRIBUTORS OF PRESCRIPTION DRUGS for their

role in the opioid epidemic CRISIS are not without legal

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precedent; and

WHEREAS, In 2007, Purdue Pharma, a large pharmaceutical

company and the maker of the opioid OxyContin pled guilty to

"misbranding," a felony charge that they misled regulators,

doctors and patients about the drug's risk of addiction and its

potential to be abused; and

WHEREAS, More than 1,600 lawsuits filed by counties,

municipalities, hospitals and others have been consolidated in

Federal court into a case known as the National Prescription

Opiate Litigation, and is currently pending against dozens of

pharmaceutical companies, MANUFACTURERS AND distributors and

manufacturers OF PRESCRIPTION OPIOIDS in Ohio; and

WHEREAS, Additionally, almost 40 state Attorneys General have

filed lawsuits to hold those who THE PHARMACEUTICAL COMPANIES,

MANUFACTURERS AND DISTRIBUTORS THAT created or contributed to

the opioid crisis responsible; and

WHEREAS, Some of the state Attorneys General filed these

lawsuits on behalf of the residents of their states despite

continuing to collaborate with the Pennsylvania Office of

Attorney General on the important bipartisan investigation to

evaluate whether pharmaceutical manufacturers have engaged in

unlawful practices in the marketing and sale of PRESCRIPTION

opioids; and

WHEREAS, On March 26, 2019, Purdue Pharma agreed to pay $270

million in an opioid settlement with the state of Oklahoma in

the first of almost 2,000 lawsuits that are pending against this

and other pharmaceutical companies; and

WHEREAS, Purdue Pharma reportedly is beginning to explore the

possibility of filing Chapter 11 bankruptcy, which could

temporarily insulate one of the main contributors and profiteers

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of the opioid epidemic from settlements or large judgments;

therefore be it

RESOLVED, That the House of Representatives, though

applauding the work of the Office of Attorney General in

combating the opioid crisis in Pennsylvania through its

bipartisan and multistate investigation, recognize that an

urgent need exists for the Commonwealth to do more; and be it

further

RESOLVED, That the House of Representatives urge the Office

of Attorney General as the top law enforcement officer to file

lawsuits against the pharmaceutical companies, distributors and

manufacturers for their practices that caused or contributed to

the opioid crisis in this Commonwealth; and be it further

RESOLVED, That the House of Representatives urge the Office

of Attorney General to not only pursue civil litigation, but all

legal avenues, including wrongful death suits on behalf of the

tens of thousands of Pennsylvania families who have lost loved

ones to the opioid epidemic.

WHEREAS, IN 2019, THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL

FILED TWO LAWSUITS AGAINST PURDUE PHARMA, ACCUSING THE COMPANY

AND ITS OWNERS OF A MULTIFACETED, ILLEGAL EFFORT TO MARKET

OXYCONTIN IN THIS COMMONWEALTH; AND

WHEREAS, PURDUE PHARMA FILED FOR CHAPTER 11 BANKRUPTCY IN

SEPTEMBER 2019 AS PART OF A TENTATIVE DEAL TO SETTLE MORE THAN

2,000 OPIOID LAWSUITS FILED BY STATES, LOCAL GOVERNMENTS AND

NATIVE AMERICAN TRIBES; AND

WHEREAS, A COLLABORATIVE 41-STATE INVESTIGATION LED BY THE

PENNSYLVANIA OFFICE OF ATTORNEY GENERAL RESULTED IN A $48

BILLION AGREEMENT IN PRINCIPLE FROM CARDINAL HEALTH, MCKESSON,

AMERISOURCEBERGEN, JOHNSON & JOHNSON AND TEVA FOR THEIR ROLES IN

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FUELING THE OPIOID CRISIS; AND

WHEREAS, THE COMMONWEALTH WILL RECEIVE MORE THAN $53 MILLION

AS PART OF A NATIONWIDE SETTLEMENT AGAINST RECKITT BENCKISER

GROUP FOR THE IMPROPER MARKETING OF SUBOXONE AND PRACTICES TO

DEFRAUD MEDICAID SYSTEMS IN THIS COMMONWEALTH; THEREFORE BE IT

RESOLVED, THAT THE HOUSE OF REPRESENTATIVES URGE THE

PHARMACEUTICAL COMPANIES, MANUFACTURERS AND DISTRIBUTORS OF

PRESCRIPTION OPIOID DRUGS TO FULLY COOPERATE WITH THE

PENNSYLVANIA OFFICE OF ATTORNEY GENERAL IN REACHING FINANCIAL

SETTLEMENTS AND LEGAL RESOLUTIONS THAT REFLECT THE SEVERE,

IRREVERSIBLE HARM SUFFERED BY TENS OF THOUSANDS OF PENNSYLVANIA

FAMILIES WHO HAVE LOST LOVED ONES TO THE OPIOID CRISIS AND TO

SUBSTANCE USE DISORDER; AND BE IT FURTHER

RESOLVED, THAT THE HOUSE OF REPRESENTATIVES APPLAUD THE WORK

OF THE PENNSYLVANIA OFFICE OF ATTORNEY GENERAL IN COMBATING THE

OPIOID CRISIS IN PENNSYLVANIA THROUGH ITS ONGOING BIPARTISAN,

MULTISTATE INVESTIGATION AND LITIGATION IN PURSUIT OF JUSTICE

FOR THE INDIVIDUALS AND FAMILIES ACROSS THIS COMMONWEALTH THAT

HAVE BEEN AFFECTED; AND BE IT FURTHER

RESOLVED, THAT THE HOUSE OF REPRESENTATIVES URGE THE

PENNSYLVANIA OFFICE OF ATTORNEY GENERAL, AS THE TOP LAW

ENFORCEMENT OFFICER IN THIS COMMONWEALTH, TO CONTINUE TO PURSUE

ALL AVAILABLE LEGAL REMEDIES TO HOLD THE PHARMACEUTICAL

COMPANIES, MANUFACTURERS AND DISTRIBUTORS OF PRESCRIPTION

OPIOIDS ACCOUNTABLE FOR THEIR PRACTICES THAT CAUSED OR

CONTRIBUTED TO THE OPIOID CRISIS IN THIS COMMONWEALTH.

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