November 08, 2024
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Guard files first Maine OxyContin suit

PORTLAND – A lawsuit that blames the manufacturer of OxyContin for a prison guard’s drug addiction is believed to be the first in Maine and the latest in a string of similar suits across the country.

The lawsuit in federal court accuses Purdue Pharma LP and Abbott Laboratories of marketing the drug aggressively even when they knew people were abusing the drug and becoming addicted in the late 1990s.

The plaintiff, William E. Bushey, 33, of Gorham, contends he became addicted to OxyContin after it was prescribed three years ago for back pain.

“This case is largely about promotion. Assuming there is a role for OxyContin in the arsenal of pain relief, the problems have arisen because of overmarketing, overpromotion and oversale,” said Bushey’s lawyer, Jon Hinck.

Nationwide, more than a dozen lawsuits have been filed against those who make and market OxyContin. Among those suing is the state of West Virginia, which alleges Purdue Pharma violated state consumer law.

Some plaintiffs, like Bushey, contend they became addicted while using it as the doctor prescribed. Others seek to hold the company responsible for illegal abuse of the drug.

OxyContin, the nation’s best-selling narcotic painkiller, is a slow-release narcotic that is prescribed for victims of chronic pain. Those who abuse OxyContin usually crush it and then snort or inject it.

Bushey always used a legitimate prescription for OxyContin. But he eventually resorted to chewing them to get a quick high once he had become addicted. He never snorted or injected the drug, Hinck said.

During a detoxification program, he was unable to carry out his responsibilities to his family and employer, according to the suit. Eventually, he filed for personal bankruptcy.

Bushey is now being treated with methadone and he has been able to return to his job at the Maine Correctional Center, Hinck said.

The lawsuit filed Tuesday in U.S. District Court names Stamford, Conn.-based Purdue Pharma LP along with several subsidiaries and Abbott Laboratories, which is based primarily in Chicago. It seeks compensatory damages, punitive damages and legal fees.

OxyContin abuse first became widespread in Maine and in mountainous areas of Kentucky, West Virginia, Virginia and Tennessee. It has since spread to urban centers, including Boston, Philadelphia and South Florida.

OxyContin abuse has been blamed for more than 100 deaths nationwide. Purdue Pharma said that those estimates are unreliable.

Representatives of Purdue Pharma and Abbott Laboratories could not immediately be reached for comment.

Hinck said his law firm, Lewis Saul & Associates, may bring additional lawsuits in Maine. His law firm, which took out advertisements seeking people who abused OxyContin, was contacted 140 people, he said.


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