Recent Legal Actions

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Recent Legal Actions on behalf of opioid-exposed babies and children

The worst part of America’s growing opioid addiction epidemic is the unintended victims: Men and women who became unwitting users because they were simply following their doctor’s orders on use of prescribed medications. Here are some articles compiled by our medical experts which explore the statistical scope of this crisis.

Class actions filed on behalf of children who will need life-long medical and other specialized care because of opioid-addicted pregnant moms.

These cases seek to create a court-administered, continually-replenishing, dedicated no-limit nation-wide fund to provide for the short and long-term treatment of NAS affected infants who will require lifelong medical and therapeutic assistance. The financial responsibility for this fund is put on the prescription opioid manufacturers, distributors and retailers named in the suits rather than on cash-strapped government budgets and taxpayers.

Opioid Justice attorney Celeste Brustowicz Interview

Opioid Justice attorney Stephen Wussow interview

See video

Recent press coverage of NAS baby filings

Why the Real Victims of the Opioid Crisis—Like Drug-Dependent Babies—May Not Get Much of the Settlement Money
Time.com

Lawyers for Opioid-Addicted Babies Push For Separate Legal Proceedings
Bloomberg Law

Opioids’ Most Innocent Victims
Cleveland.com

Attorneys Relaunch Bid For ‘Opioid Babies’ Track In MDL
Law 360

In the Opioid Litigation, Who Represents Addicted Babies
The National Journal

New MDL Needed for ‘Opioid Babies,’ Attys Say
Law 360

NAS MDL Updates

Purdue Bankruptcy Actions
Statement of NAS Committee
Creditors Committee
News Clip

Amended NAS suits showing birth defect links
Ohio Salmons-Anderson Case
Ohio Frost Howell NAS Guardian Complaint Case
Ohio Flanagan NAS Complaint Case
Opioid legal definitions
Images and explanations of NAS birth defects

Opioid Justice September 2019 Statement
“We will fight Purdue settlement on behalf of opioid-dependent babies”

Opioid Justice September 2019 Statement
“Purdue Pharma deal leaves opioid-dependent babies out in the cold”

Aggressive legal actions on behalf of NAS Babies taken: June 2019 releases
Two-thirds of all babies exposed or dependent on opioids now represented in class actions filed in 34 States
Opioid Exposed and dependent babies seek representation on Insys creditors committee in Delaware
Letter in response to ARCOS data
July Motion to Reconsider

NAS Press Release Nov. 29, 2018
Arguments on Behalf of Babies and Children Affected by National Opioid Crisis in New York City
Our Team Explains the Fight

NGO Amicus Brief supporting NAS Baby MDL
Doc 45 Amicus Brief in Support of Plt Motion for Consolidation
Docket Entry

Sept. 20 filing for separate NAS Baby MDL
Relative to:

  • Rees v. McKesson Corporation, et al.
    S.D. IL, C.A. #18-00511; MDL Case #1:18-OP-45252
  • Wood v. Purdue Pharma L.P., et al
    E.D. MO, C.A. #18-00385; MDL Case #1:18-OP-45264
  • Salmons v. Purdue Pharma L.P., et al
    S.D. WV, C.A. #18-00385; MDL Case #1:18-OP-45268;
  • Ambrosio v. Purdue Pharma L.P., et al
    C.D. CA, C.A. #18-02201; MDL Case #1:18-OP-45375
  • Flanagan v. Purdue Pharma L.P., et al
    W.D. TN, C.A. #18-02194; MDL Case #1:18-OP-45405
  • Whitley, et al. v. Purdue Pharma L.P., et al
    W.D. TN, C.A. #18-02290; MDL Case #1:18-OP-45598
  • Roach v. McKesson Corporation, et al.
    E.D. LA, C.A. #18-04165; MDL Case No. #1:18-OP-45662
  • Hunt v. Purdue Pharma L.P., et al
    D. MD, C.A. #18-01349; MDL Case No. #1:18-OP-45681

Motion:
To establish a separate NAS Baby Track

Plaintiffs ask that the Court issue one or more Orders creating a separate discovery and litigation track for centralized discovery, case development, and bellwether trial(s) of Opioid Baby claims in this MDL. The relief requested requires modification of this Court=s CMO #1 in MDL 2804. It likely also requires a new Case Management Order governing the new track, which Plaintiffs are prepared to propose to the Court.

Suits filed: Sept. 20, 2018 before US Judicial Panel on MDL

Summary of Claims:
Actions taken by the Opioid Justice legal-medical-child advocacy partnership over the past month are calling into question exactly how best to craft a master settlement agreement within Multi-District Litigation now being negotiated by a federal judge in Cleveland, Ohio as it concerns the growing number of opioid-dependent newborns resulting from America’s synthetic drug crisis. The coalition of attorneys and medical experts advocating on behalf of opioid-dependent infants born and afflicted with Neonatal Abstinence Syndrome (NAS) petitioned this week to have a new and separate legal track or MDL created just for the long-term care of this special class of citizens.

Last month, a class action filed in Ohio on behalf of NAS babies asked to be removed from the current MDL. West Virginia attorneys filed a supporting brief to this action. In May, a request to include a NAS Baby track within the existing MDL was rejected by the federal Judge charged with control over the growing claims against opioid manufacturers and distributors. The argument advanced in this latest legal filing is that NAS babies and their caregivers will face a life-time of medical monitoring and specialized care because of opioid exposure in the womb. Medical experts Dr. Kanwaljeet S. Anand of Stanford University and Dr. Charles Werntz of West Virginia University argue that it is important to treat the NAS child as quickly as possible to promote the child’s long-term growth and development. Non-profits, like the organization Facing Addiction, agree.

Summary of Plaintiffs:
The previous class-actions filed in the MDL but rejected from a separate MDL track in May, 2018 by MDL Judge Polster.

Plaintiff/Lawyer/Media contact info:
Attorneys: Scott Bickford (504) 581-9065 or Celeste Brustowicz (504) 399-0009

Media published to date:
Link

Filings:
NDOH – 895-4
NDOH – 895-3
NDOH 985-2
NDOH 985-1

Distributors Opposition
Manufacturer Defendants
Proof of Service
Schedule of Actions
Statement re Oral Argument
New MDL Needed for ‘Opioid Babies
Exhibit 22- Neonatal Abstinence Monitoring Report (Werntz – 08.30.18)
SUPPORTING EXHIBITS
SUPPORTING EXHIBITS – Rees Motion
SUPPORTING EXHIBITS – Denied
SUPPORTING EXHIBITS – Rules of Drug

Amended NAS suits showing birth defect links

Aggressive legal actions on behalf of NAS Babies taken: June 2019 releases

NAS Press Release Nov. 29, 2018

NGO Amicus Brief supporting NAS Baby MDL

Doc 45 Amicus Brief in Support of Plt Motion for Consolidation

Docket Entry

Sept. 20 filing for separate NAS Baby MDL

Relative to:

  • Rees v. McKesson Corporation, et al.
    S.D. IL, C.A. #18-00511; MDL Case #1:18-OP-45252
  • Wood v. Purdue Pharma L.P., et al
    E.D. MO, C.A. #18-00385; MDL Case #1:18-OP-45264
  • Salmons v. Purdue Pharma L.P., et al
    S.D. WV, C.A. #18-00385; MDL Case #1:18-OP-45268;
  • Ambrosio v. Purdue Pharma L.P., et al
    C.D. CA, C.A. #18-02201; MDL Case #1:18-OP-45375
  • Flanagan v. Purdue Pharma L.P., et al
    W.D. TN, C.A. #18-02194; MDL Case #1:18-OP-45405
  • Whitley, et al. v. Purdue Pharma L.P., et al
    W.D. TN, C.A. #18-02290; MDL Case #1:18-OP-45598
  • Roach v. McKesson Corporation, et al.
    E.D. LA, C.A. #18-04165; MDL Case No. #1:18-OP-45662
  • Hunt v. Purdue Pharma L.P., et al
    D. MD, C.A. #18-01349; MDL Case No. #1:18-OP-45681

Motion:

To establish a separate NAS Baby Track

Plaintiffs ask that the Court issue one or more Orders creating a separate discovery and litigation track for centralized discovery, case development, and bellwether trial(s) of Opioid Baby claims in this MDL. The relief requested requires modification of this Court=s CMO #1 in MDL 2804. It likely also requires a new Case Management Order governing the new track, which Plaintiffs are prepared to propose to the Court.

Suits filed: Sept. 20, 2018 before US Judicial Panel on MDL

Summary of Claims:

Actions taken by the Opioid Justice legal-medical-child advocacy partnership over the past month are calling into question exactly how best to craft a master settlement agreement within Multi-District Litigation now being negotiated by a federal judge in Cleveland, Ohio as it concerns the growing number of opioid-dependent newborns resulting from America’s synthetic drug crisis. The coalition of attorneys and medical experts advocating on behalf of opioid-dependent infants born and afflicted with Neonatal Abstinence Syndrome (NAS) petitioned this week to have a new and separate legal track or MDL created just for the long-term care of this special class of citizens.

Last month, a class action filed in Ohio on behalf of NAS babies asked to be removed from the current MDL. West Virginia attorneys filed a supporting brief to this action. In May, a request to include a NAS Baby track within the existing MDL was rejected by the federal Judge charged with control over the growing claims against opioid manufacturers and distributors. The argument advanced in this latest legal filing is that NAS babies and their caregivers will face a life-time of medical monitoring and specialized care because of opioid exposure in the womb. Medical experts Dr. Kanwaljeet S. Anand of Stanford University and Dr. Charles Werntz of West Virginia University argue that it is important to treat the NAS child as quickly as possible to promote the child’s long-term growth and development. Non-profits, like the organization Facing Addiction, agree.

Summary of Plaintiffs:

The previous class-actions filed in the MDL but rejected from a separate MDL track in May, 2018 by MDL Judge Polster.

Plaintiff/Lawyer/Media contact info:

  • Attorneys: Scott Bickford (504) 581-9065 or Celeste Brustowicz (504) 399-0009

Media published to date:

Link

Filings:

NDOH – 895-4
NDOH – 895-3
NDOH 985-2
NDOH 985-1

Distributors Opposition
Manufacturer Defendants
Proof of Service
Schedule of Actions
Statement re Oral Argument
New MDL Needed for ‘Opioid Babies
Exhibit 22- Neonatal Abstinence Monitoring Report (Werntz – 08.30.18)
SUPPORTING EXHIBITS
SUPPORTING EXHIBITS – Rees Motion
SUPPORTING EXHIBITS – Denied
SUPPORTING EXHIBITS – Rules of Drug

August 30 Filing to Vacate MDL

Regarding:
Cases consolidated in MDL regarding NAS Baby Classes, referencing Doyle v. Actavis LLC et al of Ohio

Petition to US Judicial Panel on MDL
Filed: August 30, 2018

Summary of Claims:

Opioid Justice attorneys representing class actions filed on behalf of babies who will need life-long medical and other specialized care because of opioid use by their pregnant moms are requesting U.S. District Court Judge Dan A. Polster remove such cases from inclusion in Multi-District Litigation. The filings represent at least 40 percent of all Neo-Natal Abstinence (NAS) or opioid-addicted babies born in the nation, according to Lead Counsel Scott Bickford, Suits are filed in states such as Louisiana, West Virginia, Illinois, California and Missouri. Earlier this summer, the Judge rejected legal petition for creation of a nationwide medical monitoring trust fund for NAS babies within the existing MDL litigation regarding prescription opioids.

  • Plaintiff/Lawyer/Media contact info:
    Attorneys: Scott Bickford (504) 581-9065 or Celeste Brustowicz (504) 399-0009

BACKGROUND DOCUMENTS – Motion to vacate

BACKGROUND DOCUMENTS – ND Order

BACKGROUND DOCUMENTS – Vacate Exhibits

BACKGROUND DOCUMENTS – Letter