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Deaths attributed to the ongoing opioid epidemic have been continually increasing over the past several decades. According to data from the U.S. Department of Health & Human Services, an average of 91 people each day die due to opioid overdose. How did we get to this point, and what is being done in an effort to combat the ongoing opioid crisis across the country?

What is the Opioid Epidemic?

The opioid epidemic is a plague of opioid addiction and overdose that has swept over the United States in recent decades. The majority of these addictions do not stem from the use of hard and illicit drugs, such as heroin; rather, many addiction to opioids begin during the use of prescriptive opioids that are legally prescribed for pain.

Some examples of common legally prescribed opioids include:

• Methadone
• Oxycodone
• Hydrocodone
• Hydromorphone
• Oxymorphone
• Morphine
• Codeine

The below opioid epidemic statistics are taken from studies done by the U.S. Department of Health and Human Services for the year 2016:

• 116 people died from opioid-related overdoses each day.
• Over 42,000 people died from opioid overdoses over the course of the year.
• 1 million people had an opioid disorder.
• 17,087 deaths were caused by overdoses on commonly prescribed opioids.
• 19,413 deaths resulted from the use of other synthetic opioids other than methadone.
• 15,469 deaths were attributed to heroin overdose.

The Science of Opioids

Opioids are commonly prescribed by doctors to treat severe pain in their patients. Opioids work by binding to receptors in the brain and spinal cord that block pain, and in some cases produce a feeling of euphoria.

This “high,” however, can quickly become problematic. As treatment continues, your body continually becomes accustomed to the drug over time, requiring higher dosages in order to maintain potency. This frequently leads to a dependency and dangerous addiction to opioids, and the feeling of euphoria can lead to drug misuse, or serve as a gateway to more dangerous drugs, such as heroin, in order to achieve the desired level of effect.

As opioids are frequently prescribed by doctors despite the dangers present, the number of people addicted to opioids continues to rise each year. The number of opioid-related deaths has become so severe in recent years that, in 2017, the United States declared the opioid epidemic to be a public health crisis.

History of Opioid Use in the US

The use of opioids to treat pain first rose to prominence during the Civil War during the early 1860s as a way to treat wounded soldiers. Soldiers were often treated with morphine, leading to subsequent dependencies and addiction to the drug in veterans during and immediately after the war’s conclusion.

In 1898, the Bayer Company first introduced heroin onto the market as a “wonder drug” that could effectively treat pain without the debilitating effects of habit-forming morphine. Much not was known about heroin during its early years on the market, but once addicts discovered that its effects could be amplified upon injecting the drug into their system, a worrying new opioid epidemic began to take hold at the turn of the century.

Throughout the 1910s-1920s, the U.S. placed restrictions on opioids and other narcotics, requiring that formal prescriptions be written in order to obtain these potentially dangerous substances. In addition, the U.S. outlawed heroin in 1924 as a way to combat the growing opioid problem.

As the mid-century passed, efforts to combat illegal distribution and use of opioids culminated in the Controlled Substances Act of 1971, establishing federal U.S. drug policy under which the manufacture, importation, possession, use and distribution of certain substances is regulated. The act created five schedules (or classifications) of substances still used to this day.

In 1995, Purdue Pharma introduced OxyContin (a variant of oxycodone) to the market as a gentler and less addictive opioid pill. Over the next two decades, doctors increasingly prescribed OxyContin (and other legal opioids) as a means of treating pain. Echoing the widespread distribution of legal opioids a century earlier, many more patients found themselves addicted to OxyContin as the U.S. prepared to enter the 21^st century.

Despite measures and lawsuits that have been taken against Purdue Pharma and other legal opioid manufacturers and distributors, the effects of the opioid epidemic have ravaged the entire country up to the present day. Opioids are continually prescribed to patients even with the risk of addiction and dependency being common knowledge, and as a result, the overall number of addicts and overdose-related deaths have skyrocketed in the past two decades alone.

Recent Causes of the Opioid Epidemic

Since the history of opioid use to treat pain dates back centuries, it can be difficult to pinpoint how (and why) opioid use has inflated to epidemic proportions in recent years. Besides dependency and addiction in patients, doctors and pharmaceutical manufacturers have also played their own hands in contributing to the growing number of addicts and deaths related to opioid use.

The roots of the opioid epidemic can ultimately be traced back to the over-prescription of opioid drugs to treat pain, rather than seeking alternative (and less addictive) treatment options. It has been found that opioid pills are generally more covered by insurance policies rather than alternative treatments and therapies. This means that a doctor may prescribe potentially dangerous opioid pills as less-expensive alternatives to solving a patient’s pain problems.

Drug companies have also aggressively marketed their opioid products as “non-habit inducing” and “moderate,” despite a lack of research to substantiate these claims. Unfortunately, this marketing has proven effective, and has even swayed doctors to prescribe even more opioids to patients in exchange for lucrative incentives, such as free meals.

Combating the Opioid Epidemic

As a result of the ongoing opioid epidemic, professional medical experts are now calling for medical students to be taught to prescribe opioids to patients much more carefully. This education process includes training the up-coming doctors how to properly identify pain and the best treatment for it, and then teaching how to apply for waivers so that they are able to prescribe alternative treatments and therapies to opioids.

Since the United States was officially declared to be in a state of public health crisis due to the opioid epidemic, state and federal governments have since put plans into action to tackle the crisis and reduce its causes.

The federal government has developed a five-point strategy to fighting the opioid crisis:

• Improve accessibility of treatment and rehabilitation services.
• Promote the use of overdose-reversing drugs.
• Strengthen public understanding of the epidemic through improved public health surveillance.
• Support research on reducing pain and addiction.
• Advance better practices in the first place for pain management and reduction.

Contact an Experienced Opioid Crisis Attorney

At Wagstaff & Cartmell, we have seen how the opioid epidemic can ruin lives and tear families apart. Fortunately, legal options exist if you or a loved one has been negatively affected by opioid use, as the doctors and pharmaceutical companies responsible for the prescription and manufacturing of these substances can usually be held liable if dependency or addiction to opioids occur.

Contact us today to discuss your case with an experienced opioid crisis attorney in a free, confidential consultation session.

If you have received a medical device, you likely thought it would enhance your life, give you more mobility and ease the pain you had been experiencing. Many patients, however, have experienced unexpected, painful and even fatal side effects as a result of dangerous or defective medical devices.

With advancements in medicine, there has been an increase in the use of medical devices in the treatment of injuries and diseases. Despite these breakthroughs, inadequately tested and regulated devices that have been rushed to the market by companies in a hurry to make a profit have hurt thousands of patients annually in the last decade alone.

While the Food and Drug Administration (FDA) attempts to screen many medical devices before they enter the market, much of their screenings rely on the data supplied by medical device manufacturers, which may be biased and inherently incorrect.

Combined with their 510(k) process, which allows quicker approval of medical devices similar to existing products without the normal testing involved, more defective medical devices have entered the market than ever before.

At Wagstaff & Cartmell, we are proud to be amongst the most well-known firms across the country for representing individuals injured by dangerous drugs and defective medical devices. Our results in this area are substantial, indicating the legal acumen and effectiveness we bring to our cases and our clients.

Medical Device Recall

A recall is a voluntary action that product manufacturers and distributors make to uphold their legal responsibility to protect the health and well-being of their customers and the general public from defective products that pose a risk of injury (known as “product liability“).

Depending on the severity of the defect, additional steps may be taken to further protect consumers such as market withdrawal or stock recovery.

According to the FDA, recalls are categorized into one of three numerical designations (I, II, or III) to show the relative degree of health danger presented by the product being recalled.

These classifications are listed below in order of most to least serious:

• Class I – the most serious recall in which there is a “reasonable probability” that using or being exposed to the defective product can cause severe negative health consequences or even death.
• Class II – a recall issued when use of, or exposure to, a defective product may cause “temporary or medically reversible” health problems or when the likelihood of severe negative health effects is remote.
• Class III – the least dangerous recall in which using or being exposed to the defective product or device is “not likely” to cause any negative health effects but still presents enough of a danger to issue a recall warning.

The most common reasons for medical device recall include:

1. Packaging/Labeling. Faulty packaging and mislabeling is easily the most common cause of medical device recalls. For instance, a recall may be issued if a device label does not indicate age or weight-specific usage instructions, or if the outer packaging is made with non-sterile materials.
2. Faulty Device Connection. With medical technology advancing at such a rapid pace, the number of connection and software errors in medical devices – already a leading cause of recalls – is likely to increase even more.
3. Particulate Matter. The presence of particulates in intravenous medical devices, often acquired during the manufacturing or packaging process, presents a serious adverse health risk to patients. According to the EPA, particulate matter is a “complex mixture of extremely small particles and liquid droplets that…can affect the heart and lungs and cause serious health effects.”
4. Component Change. The medical device change control process is highly complex, and manufacturers must adequately vet design, production and supplier changes to ensure the continued quality and compliance of their product. Failure to do so can harm patients and result in a product recall.
5. Leakage. A leak in a medical device’s packaging or the product itself can lead to serious sterility or health issues, depending on the size of the leak and the material it contains. Manufacturers must conduct sufficient testing to detect any signs of leakage current, making them accountable if a leak does occur.

Other common causes of medical equipment failure include design defects, parts failure, material contamination, inadequate testing, process errors, employee error, false or misleading labels, expired dating, vendor changes, faulty wiring and storage issues.

Active Litigation and More Information

Wagstaff & Cartmell is actively pursuing cases regarding the following pharmaceuticals and medical devices:

• Transvaginal Mesh – Used by women, this device has been shown to lead to numerous vaginal, urinary, and GI complications. Learn more about transvaginal mesh lawsuits.
• DePuy Hip Implants – These metal-on-metal implants can cause pieces of metal to fray in the body leading to tissue death, metalosis, pain, and difficulty walking and standing. For more about DePuy Hip Recall Information.
• Zoloft, Lexapro, Celexa,  Prozac, Paxil, Topamax, and Depakote – Children born with heart birth defects, lung birth defects, and other congenital birth defects have been linked to these drugs when taken by women during pregnancy. Read more about Zoloft, Lexapro, Celexa, Prozac, Paxil, Topamax and Depakote lawsuits. Current clients may login for information on active cases: Zoloft clients login
• NexGen Knee Replacements – These devices have been associated with loosening and failure leading to pain and difficulty walking and standing.
• Actos – This diabetes drug has been associated with bladder cancer.
• Yasmin/Yaz – This birth control pill has been linked with blood clots, including pulmonary embolism, stroke, and DVT.
• Shoulder Pain Pumps – These devices are often placed in patients after any type of routine shoulder surgery, but they can lead to chondrolysis (arthritis of the shoulder).
• Accutane – Used to treat acne, this drug has been shown to increase the risk of inflammatory bowel disease including Crohn’s disease and ulcerative colitis.
• Reglan – Commonly used for gastric reflux, this drug is associated with neurologic disorders causing involuntary muscle movements of the body.
• Byetta – This diabetes drug has been linked with pancreatitis and thyroid and pancreatic cancer.

If you have a medical device, drug or product liability issue, please contact us or call (816) 701-1100 today to schedule a free consultation.