Tag: lawsuit

  • Family Of Woman Whose Obituary Went Viral Sue For Info About Her Death

    Family Of Woman Whose Obituary Went Viral Sue For Info About Her Death

    According to the suit by the ACLU, police refused to provide Madelyn Lisenmeir with medical attention while being held in custody–neglect that may have led to her death.

    When Madelyn Linsenmeir died after a battle with opioid addiction on October 7, 2018, her family penned a heartfelt obituary for the 30-year-old single mother and earned sympathy and praise across the globe for turning their tragedy into a plea to help other opioid dependency sufferers.

    Now Linsenmeir’s family is suing the city of Springfield, Massachusetts and its police force to find out what happened to her in the days leading up to her death. According to the suit, filed by the American Civil Liberties Union (ACLU), Linsenmeir had requested and been refused medical attention while in police custody and remained in a woman’s correctional facility until October 4, when she was taken to intensive care. Linsenmeir died three days later, and her family is requesting that the Springfield police turn over any audiovisual recordings that would corroborate the allegations of neglect.

    According to the suit, Linsenmeir texted her family on September 28, 2018 with complaints that she was “really sick” and needed to be hospitalized. The following day, Springfield police arrested her for probation-related violations, including providing a false name, according to their arrest log. She was transferred to the Hampden County Sheriff’s Department and held at the Western Massachusetts Regional Women’s Correctional Center in Chicopee, Massachusetts.

    The ACLU suit then alleged that at the time of her arrest, Linsenmeir was allowed to call her mother, Maureen, with a Springfield police officer on the line. She reportedly informed her mother that she was not receiving medical attention, but as the suit alleged, “the police officer refused to provide medical attention and even made a sarcastic comment to Maureen after Maureen expressed concern that Madelyn was being denied care.”

    On October 4, Linsenmeir was transferred by ambulance to the Baystate Medical Center’s intensive care unit and died there on October 7, still in police custody but with her family in attendance.

    The ACLU alleged that the phone conversation with Linsenmeir’s mother confirms that the Springfield Police Department was aware she had been refused medical treatment and is “likely in possession of audiovisual recordings” that would corroborate their claim. In the suit, Linsenmeir’s family wrote, “release of the requested records would serve the public interest by supporting Madelyn’s family in their public advocacy for the humane treatment of opioid users and for increased access to medications and medical care for people suffering from opioid use disorder.”

    According to the suit, the police department and city of Springfield have not responded to the family’s request. Hampden County Sheriff Nicholas Cocchi, whose department was not named in the suit, expressed his sympathies to Linsenmeir’s family in an statement to CNN.

    The obituary that drew attention to Linsenmeir’s struggle, penned by her sister, Kate O’Neill, was brought to global attention through social media, where it was picked up by news media outlets. In the obit, O’Neill wrote, “If you are reading this with judgment, educate yourself about this disease, because that is what it is. It is not a choice or a weakness. And chances are very good that someone you know is struggling with it, and that person needs and deserves your empathy and support.”

    View the original article at thefix.com

  • Couple’s Lawsuit "To Block Legalization Of Marijuana" Goes To Trial

    Couple’s Lawsuit "To Block Legalization Of Marijuana" Goes To Trial

    The Colorado couple say they have been “injured by a conspiracy to cultivate recreational marijuana near their land,” according to the lawsuit.

    A couple of disgruntled property owners in Colorado are taking their neighbor to court over growing cannabis, which they claim has brought down the value of their property.

    According to the original lawsuit filed on behalf of Hope and Michael Reilly, “growing recreational marijuana is ‘noxious, annoying or offensive activity’ by virtually any definition because marijuana plants are highly odorous, and their offensive smell travels long distances.”

    The lawsuit, filed in 2015, saw its first day in Denver federal court on Monday (Oct. 29). Colorado has had a legal market for cannabis for adults 21 and older since January 2014.

    The Reillys, who own a little over 100 acres of rural property in Rye, Colorado, say they have been “injured by a conspiracy to cultivate recreational marijuana near their land,” according to the lawsuit.

    It’s now up to a jury to decide if the Reillys have a case. Similar lawsuits against state-legal cannabis operations have been filed in California, Massachusetts and Oregon, according to the Associated Press.

    The neighbor targeted in the Reillys’ lawsuit is Parker Walton, who purchased 40 acres in Rye in 2014. Since then, he has built a 5,000-square-foot indoor cannabis growing and harvesting facility on his land, to sell his product to retailers.

    The defense says it can prove that the Reillys’ property value has not been harmed. In fact, according to the AP, the defense will argue that tax valuations of the couple’s property have gone up over time.

    Lawyers for the Reillys are suing under the Racketeer Influenced and Corrupt Organizations Act (RICO), federal anti-racketeering laws established to target the Mafia in the 1970s. In this case, RICO allows private parties to sue claiming their business or property has been damaged by a criminal enterprise, AP explains.

    If they can prove their case, they may be financially compensated for three times the damages plus attorneys’ fees.

    According to the Safe Streets Alliance, which filed the Reillys’ lawsuit, the lawsuit could impact the future of other state-legal cannabis operations.

    “In addition to shutting down the operations targeted in its suit, Safe Streets hopes that its use of the federal racketeering laws will serve as a model for other businesses and property owners who have been injured by the rise of the commercial marijuana industry,” reads its website.

    View the original article at thefix.com

  • Prince’s Family Sues Doctor Who Reportedly Prescribed Him Pain Pills

    Prince’s Family Sues Doctor Who Reportedly Prescribed Him Pain Pills

    The lawsuit alleges that the doctor had to treat Prince’s opioid addiction prior to do his death but “failed to do so.”

    The family of Prince (born Prince Rogers Nelson) is suing a doctor accused of playing a “substantial part” in the music icon’s death.

    According to the Midwest Medical Examiner’s Office, the official cause of Prince’s April 15, 2016 death was an accidental overdose of fentanyl.

    The family is suing Dr. Michael Schulenberg in Hennepin County District Court in Minnesota, to replace the lawsuit filed in April in Illinois, according to the family’s attorney.

    The lawsuit alleges that Schulenberg and others—including the hospital where Schulenberg was working at the time)—had “an opportunity and duty during the weeks before Prince’s death to diagnose and treat Prince’s opioid addiction, and to prevent his death.” However, the family states, “They failed to do so.”

    The lawsuit seeks unspecified damages in excess of $50,000, ABC News reports.

    Authorities say the doctor admitted to prescribing oxycodone a week before his death, under his bodyguard’s name to protect his privacy.

    However, Schulenberg’s lawyer, Amy S. Conners, said in a statement that the doctor “never directly prescribed opioids to Prince, nor did he ever prescribe opioids to any other person with the intent that they would be given to Prince,” the New York Times reported in April 2017.

    Investigators later stated that it was possible that Prince was not aware that the medication he was taking contained fentanyl.

    “In all likelihood, Prince had no idea he was taking a counterfeit pill that could kill him,” said Carver County Attorney Mark Metz this past April, while announcing that no criminal charges would be filed in the musician’s death. “Others around Prince also likely did not know that the pills were counterfeit containing fentanyl.”

    Many of the medications found in the musician’s home were not in the original container provided by the pharmacy. “The evidence demonstrates that Prince thought he was taking Vicodin and not fentanyl,” Metz stated. “The evidence suggest that Prince had long suffered significant pain, became addicted to pain medications but took efforts to protect his privacy.”

    Walgreens Co., where some of the prescriptions were filled, is also named in the family’s lawsuit.

    Schulenberg’s attorney Paul Peterson maintained that the doctor did everything he could for the musician. “We understand this situation has been difficult on everyone close to Mr. Nelson and his fans across the globe,” said Peterson. “Be that as it may, Dr. Schulenberg stands behind the care that Mr. Nelson received. We intend to defend this case.”

    View the original article at thefix.com

  • New York Sues Purdue Pharma Over Opioid Marketing

    New York Sues Purdue Pharma Over Opioid Marketing

    New York plans to work with other states that are investigating opioid manufacturers and distributors in the US.

    This week, New York became the 27th state to sue Purdue Pharma, a producer of OxyContin, for alleged fraud and deception in its marketing of opioids.

    The Wall Street Journal reported that Purdue is the only defendant listed in the lawsuit, driven by the administration under Governor Andrew Cuomo and New York Attorney General Barbara Underwood.

    The complaint was filed in Suffolk County Supreme Court and charged that a community flooded with opioids has been devastated while Purdue has increased profits and prescriptions.

    The suit charges that as of 2016, over 75% of New York’s opioid overdose deaths were caused by painkillers which include Purdue’s product, OxyContin.

    Governor Cuomo was quoted in Insurance Journal as saying, “The opioid epidemic was manufactured by unscrupulous distributors who developed a $400 billion industry pumping human misery into our communities. This lawsuit sends a clear message (to those) who mislead the public to increase their profit margins that we will hold you accountable.”

    Purdue released a response which called New York’s allegations false, while citing that the company also shares the state’s concerns about the opioid crisis.  

    Purdue noted that the U.S. Food and Drug Administration (FDA) “continues to approve” of scientific and medical information it provides to physicians.

    In the suit, New York is seeking civil fines to be levied against Purdue. The state asks to recoup profits the drug company has made and pay fines for what they allege in the Insurance Journal is “criminal nuisance.”

    In 2007, Purdue and three executives pleaded guilty to misbranding OxyContin. The company was charged with $634.5 million after a U.S. Department of Justice investigation.

    The New York lawsuit against Purdue is part of a trend; a number of U.S. states are suing opioid makers and distributors over opioid marketing.

    New York joined 26 other states, and Puerto Rico, in suing Purdue over their allegedly deceptive opioid marketing practices and the resulting health crisis.

    Cuomo released a statement published in the Wall Street Journal that the country is fed up with the practice of pharmaceutical companies purposefully creating addiction for the purpose of profit.

    Barbara Underwood in the Wall Street Journal said that the complaint is only New York’s first step toward holding pharmaceutical companies responsible. “Our work won’t stop with this lawsuit,” she said.

    New York plans to work with other states to investigate United States opioid manufacturers and distributors.

    View the original article at thefix.com

  • Walgreens Sued By Kentucky For Alleged Role In Opioid Crisis

    Walgreens Sued By Kentucky For Alleged Role In Opioid Crisis

    “While Walgreens’ slogan was ‘at the corner of happy and healthy,’ they have significantly harmed the health of our families in fueling the opioid epidemic,” says the Kentucky AG.

    The state of Kentucky is suing Walgreens, arguing that the pharmacy giant used “unlawful business practices” to fuel the state’s opioid crisis, CNN Money reports.

    State Attorney General Andy Beshear claims that the retailer not only filled “massive” and “suspicious” orders of opioids, but failed to report those same orders to authorities.

    Walgreens also played dual roles “on the opioid supply chain” as both distributor and dispenser, the lawsuit contended. As a distributor, Walgreens delivered opioids straight to its own pharmacies while, as a dispenser, it filled opioids prescriptions for consumers.

    Walgreens had “a unique and superior position of knowledge with regard to the gross amount of opioids pumped into its stores and poured out onto the streets of Kentucky,” Beshear said in the lawsuit.

    Nevertheless, Walgreens is being accused of filling orders “for such large quantities of prescription narcotic pain medication that there could be no associated legitimate medical purpose for their use.”

    Beshear added that the company ignored its own “safeguard systems” in the process.  

    The Walgreens lawsuit isn’t the first one Beshear has filed over Kentucky’s health crisis, either. This year alone, the Attorney General has leveled lawsuits at drugmaker Johnson & Johnson, as well as opioid distributors like AmerisourceBergen and McKesson Corporation.

    “While Walgreens’ slogan was ‘at the corner of happy and healthy,’ they have significantly harmed the health of our families in fueling the opioid epidemic. I want to make sure these billion dollar companies take responsibility and become a part of the solution,” Beshear said.

    His latest lawsuit seeks to stop Walgreens from “over-dispensing opioids,” in addition to have them pay back “the amount it earned from the allegedly illegal gains.”

    In the meantime, other companies have taken actions that they believe will help curb the crisis. Walmart, for one, recently introduced a method to safely destroy leftover opioids at home: DisposeRx, which, when it’s mixed with warm water, turns any form of opioid into a biodegradable gel. Walmart and CVS both announced that they would limit the lengths of opioid prescriptions.  

    Kentucky’s lawsuit also follows on the heels of other states that have sued drug makers and distributors in recent months. In May, the Texas Attorney General’s Office sued Purdue Pharma for allegedly fueling the opioid crisis and “misrepresenting the risks” of opioid addiction.

    “We must make those who have caused the opioid crisis feel the pain that they have inflicted on our community,” Texas Attorney General Ken Paxton said.

    Florida Attorney General Pam Bondi also filed an action against some of the nation’s largest opioid manufacturers claiming that they used deceptive techniques to increase prescriptions.

    “The complaint I filed today, seeks to hold some of the nation’s largest opioid manufacturers and distributors responsible for their role in this crisis and seeks payment for the pain and destruction their actions have caused Florida and its citizens,” Bondi said in a statement.

    View the original article at thefix.com