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Kitsap County files lawsuit against opioid manufacturers and distributors

Kitsap County filed a lawsuit Monday against opioid manufacturers and distributors engaged in "reckless promotion and distribution of potent opioids."
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A bottle with a hydrocodone (the generic name for drug sold under other names by various pharmaceutical companies) label and hydrocodone tablets.

Kitsap County has filed a lawsuit against multiple opioid manufacturers and distributors, alleging they orchestrated the opioid crisis.

The suit, filed Monday in U.S. District Court in Tacoma, joins more than 400 across the nation consolidated before one federal judge in Ohio.

"It's (the lawsuit) symbolic, it's an opportunity to show solidarity with other communities," Kitsap County Commissioner Robert Gelder said.

The suit contends manufacturers and distributors engaged in "reckless promotion and distribution of potent opioids for chronic pain while deliberately downplaying the significant risks of addiction and overdose."

Related | Kitsap methadone patients face long commute for care for opioid addiction

There were 62 opioid-related deaths in Kitsap from 1993 to 2003 and 107 deaths from 2012 to 2016, according to the suit. Additionally, the number of treatment admissions for opioid use rose 305 percent in Kitsap from 2002 to 2004 and 2011 to 2013.

Gelder said the county has been considering filing a lawsuit since a presentation about other counties' legal efforts at the Washington State Association of Counties last fall.

Kitsap County is represented by Seattle-based firm Keller Rohrback, one of about a dozen firms appointed by Judge Dan Polster of the Northern District of Ohio as lead attorneys in the multi-district litigation.

In addition to contributing to deaths, injuries and homelessness of citizens, the lawsuit cites the county incurred substantial costs related to the opioid crisis for increased law enforcement, emergency services, social services, public safety and other human services.

Specifically, Kitsap County Sheriff's deputies are required to carry Narcan overdose kits in case of life-threatening exposure to opioids; county parks staff have been exposed to needles; and Salish Behavioral Health Organization has plans to build a methadone clinic in Kitsap, the largest county in the state without one. Methadone is a medication that wards off cravings and withdrawal symptoms for recovering opioid addicts.

"It's just hard to find county services that aren't affected in some way or another by the opioid crisis," said Keller Rohrback attorney Daniel Mensher.

Several companies and their subsidiaries are named in the suit — including Purdue Pharma and Johnson & Johnson — as well as distributors such as Cardinal Health and McKesson Corporation.

The suit states the actions of opioid manufacturers and distributors constitute negligence, unjust enrichment and racketeering under Washington law.

In terms of monetary compensation, Mensher said a sum hasn't been identified for Kitsap. Past and future costs incurred fighting the opioid crisis would be used to calculate the compensation request.

"That really hasn't been the focus of our conversations moving forward, it will be what it will be," said Gelder.

Polster, the federal judge, is pushing for a resolution before the case goes to trial and wants to reach a settlement before the end of 2018, according to Mensher.

Keller Rohrback was hired on a contingency-fee basis, meaning its compensation will be determined by the outcome of the lawsuit.

The firm has filed similar lawsuits on behalf of other Washington municipalities, including King, Pierce and Clallam counties, the Tulalip Tribes and the city of Tacoma.

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