Everett to defend its lawsuit over black-market OxyContin

Purdue Pharma, the drug’s maker, wants a federal judge to dismiss the case before trial.

EVERETT — Lawyers for Everett are expected in federal court Monday to defend the merits of a lawsuit filed earlier this year against the makers of the pain medication OxyContin.

Purdue Pharma is asking U.S. District Court Judge Ricardo Martinez to toss the lawsuit before it ever goes to trial.

Everett is blaming Purdue for ignoring the diversion of its product, a prescription opioid, to the black market. The lawsuit alleges the multibillion-dollar pharmaceutical company’s irresponsible business practices helped set in motion what some officials now call an opioid epidemic, marked by a spike in overdoses, deaths and crime.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The lawsuit claims Purdue knew OxyContin was being funneled to “pill mills” and drug traffickers, including some who set up shop in Everett. Heroin use here and nationwide has skyrocketed in recent years. Addicts often cite prescription painkillers as the source of their introduction to opioids.

Everett’s lawsuit doesn’t name a dollar amount. Instead it claims the city has spent and will need to continue to spend significant tax dollars addressing addiction in the community.

Purdue in March filed a motion to dismiss the case.

The company’s lawyers wrote that the city’s allegations are based largely on a false theory that Purdue did nothing to alert law enforcement to the illegal diversion.

Two criminal prosecutions into trafficking rings show that “law enforcement was, at the time, already aware of, and investigating, the criminal conduct of physicians, pharmacies and gang members at issue,” Purdue’s attorney, Thomas Adams, wrote in court papers.

The city lacks any standing to hold Purdue responsible for Everett’s costs associated with responding to addiction and crime, the defendants argue.

“While we are deeply troubled by the abuse and misuse of our medication, this lawsuit paints a completely flawed and inaccurate portrayal of events that led to the crisis in Everett,” the company wrote on its website.

Purdue was sued a decade ago in Washington. Several states alleged the company had engaged in deceptive marketing practices. Purdue agreed to pay the states $19.5 million as part of a consent judgment. Washington received more than $700,000. As part of the judgment, Purdue agreed to implement diversion detection programs.

Everett claims Purdue ignored its obligations. The city pointed to the criminal prosecution of Jevon Lawson, a California transplant and aspiring rap artist, living in Snohomish County, who peddled large amounts of OxyContin. The Daily Herald wrote about Lawson’s indictment in 2011.

Everett has defended its lawsuit in a 31-page response.

Its lawyers cited multiple cases — one involving a gun maker and other companies that sell toxic chemicals — to support the contention that Everett has a legal right to hold the manufacturer of a product responsible for harm done to the community.

Everett isn’t the only city taking on the pharmaceutical giant.

Last week, the city of Tacoma filed a federal lawsuit against Purdue, along with Endo and Janssen. The lawsuit claims the opioid manufacturers made misleading statements about the risks of their products to doctors and patients for the past 20 years.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Everett Historic Theater owner Curtis Shriner inside the theater on Tuesday, May 13, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Historic Everett Theatre sale on horizon, future uncertain

With expected new ownership, events for July and August will be canceled. The schedule for the fall and beyond is unclear.

Contributed photo from Snohomish County Public Works
Snohomish County Public Works contractor crews have begun their summer 2016 paving work on 13 miles of roadway, primarily in the Monroe and Stanwood areas. This photo is an example of paving work from a previous summer. A new layer of asphalt is put down over the old.
Snohomish County plans to resurface about 76 miles of roads this summer

EVERETT – As part of its annual road maintenance and preservation program,… Continue reading

City of Everett Engineer Tom Hood, left, and City of Everett Engineer and Project Manager Dan Enrico, right, talks about the current Edgewater Bridge demolition on Friday, May 9, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
How do you get rid of a bridge? Everett engineers can explain.

Workers began dismantling the old Edgewater Bridge on May 2. The process could take one to two months, city engineers said.

Smoke from the Bolt Creek fire silhouettes a mountain ridge and trees just outside of Index on Sept. 12, 2022. (Olivia Vanni / The Herald)
County will host two wildfire-preparedness meetings in May

Meetings will allow community members to learn wildfire mitigation strategies and connect with a variety of local and state agencies.

Helion's 6th fusion prototype, Trenta, on display on Tuesday, July 9, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Helion celebrates smoother path to fusion energy site approval

Helion CEO applauds legislation signed by Gov. Bob Ferguson expected to streamline site selection process.

Vehicles travel along Mukilteo Speedway on Sunday, April 21, 2024, in Mukilteo, Washington. (Ryan Berry / The Herald)
Mukilteo cameras go live to curb speeding on Speedway

Starting Friday, an automated traffic camera system will cover four blocks of Mukilteo Speedway. A 30-day warning period is in place.

Carli Brockman lets her daughter Carli, 2, help push her ballot into the ballot drop box on the Snohomish County Campus on Tuesday, Nov. 5, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Here’s who filed for the primary election in Snohomish County

Positions with three or more candidates will go to voters Aug. 5 to determine final contenders for the Nov. 4 general election.

Bothell Council member Rami Al-Kabra poses for a portrait at Cedar Grove Park on Friday, March 8, 2024 in Bothell, Washington. (Annie Barker / The Herald)
Bothell council member leads a push for ‘uncommitted’ vote in primary

Rami Al-Kabra, a Palestinian-American, hopes to pressure President Joe Biden to broker a ceasefire in Gaza.

Gov. Bob Ferguson’s signature on the the 1,367 page document outlining the state’s 2025 operating budget. (Photo by Jacquelyn Jimenez Romero/Washington State Standard)
Ferguson signs budget boosting Washington state spending and taxes

The governor used his veto pen sparingly, to the delight of Democrats and the disappointment of Republicans.

Madison Family Shelter Family Support Specialist Dan Blizard talks about one of the pallet homes on Monday, May 19, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Madison Family Shelter reopens after hiatus

The Pallet shelter village, formerly Faith Family Village, provides housing for up to eight families for 90 days.

Washington State Trooper Chris Gadd is transported inside prior to a memorial service in his honor Tuesday, March 12, 2024, at Angel of the Winds Arena in Everett, Washington. (Ryan Berry / The Herald)
Jury selection begins in Everett trial of driver accused in trooper’s death

Jurors questioned on bias, media exposure in the case involving fallen Washington State Patrol trooper Chris Gadd.

Everett
Five arrested in connection with Everett toddler’s 2024 overdose death

More than a year after 13-month-old died, Everett police make arrests in overdose case.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.