Sask. not part of proposed B.C. opioids lawsuit

The Saskatchewan government says it has not determined whether it will join a proposed B.C. class action lawsuit against dozens of pharmaceutical companies regarding opioid addiction.

On Monday, B.C. Attorney General David Eby told the Canadian Press he was pleased with a decision in Oklahoma where a judge found Johnson & Johnson and its subsidiaries helped fuel the state's opioid drug crisis and ordered the consumer products giant to pay $572 million.

B.C. filed a proposed class-action lawsuit in 2018 in a bid to recoup the health-care costs associated with opioid addiction.

The untested suit alleges the companies falsely marketed opioids as less addictive than other pain drugs and helped trigger an overdose crisis that has killed thousands since OxyContin was introduced to the Canadian market in 1996.

In May, Ontario joined B.C.'s class action.

The Saskatchewan government sent a statement to CBC on Tuesday:

"Saskatchewan is participating on a national working group that is specific to the B.C. litigation, however Saskatchewan has not yet determined what level of participation the province may have in the proposed litigation."

In March 2018, a Saskatchewan judge rejected a $20-million settlement with OxyContin maker Purdue Pharma.

Justice Brian Barrington-Foote of Regina's Court of Queen's Bench said he was not satisfied the settlement was "fair, reasonable and in the best interests of the class as a whole."

The province said Tuesday it is awaiting resolution of ongoing cases before commenting on B.C.'s case.

"Class action litigation regarding an opioid settlement is still ongoing in Saskatchewan. Until it is resolved, Saskatchewan is not prepared to make any public statements about whether it will join British Columbia's lawsuit."

The opposition NDP said the government could be more proactive.

"Because the opioid crisis has disproportionately affected our province, we should be in the lead in fighting back against it, including working with other provinces to hold drug companies responsible for misleading marketing," said NDP justice critic Nicole Sarauer.

"We need a clearer answer from our government on what they're doing to get ahead of this crisis, instead of waiting in the wings while other provinces sort it out."

Sarauer said rates of opioid prescription in Saskatchewan are well above the national average  

A June report from Saskatchewan Auditor Judy Ferguson concluded the Ministry of Health does not know if provincial pharmacies contribute to Saskatchewan's opioid crisis.

There were 119 deaths in Saskatchewan attributed to opioid toxicity last year.

"Ineffective and insufficient monitoring of opioid prescribing and dispensing practices may result in increased addiction, abuse and misuse, and diversion of prescribed opioids that can ultimately lead to overdoses and death," the auditor's report said.

Details of class action

The civil claim filed by the B.C. government names the maker of OxyContin — Purdue Pharma Inc. — along with other major drug manufacturers and also targets pharmacies, alleging they should have known the quantities of opioids they were distributing exceeded any legitimate market.

None of the allegations contained in the civil claim has been proven in court.

"Purdue Pharma (Canada) is deeply concerned about the opioids crisis, in British Columbia, and right across Canada," the company said in a statement after B.C. filed its lawsuit.

In Oklahoma, Cleveland County District Judge Thad Balkman's ruling followed the first state opioid case to make it to trial and could help shape negotiations over roughly 1,500 similar lawsuits filed by state, local and tribal governments consolidated before a federal judge in Ohio.

"The opioid crisis has ravaged the state of Oklahoma," Balkman said before announcing the judgment. "It must be abated immediately."

A lawyer for the companies said they plan to appeal the ruling to the Oklahoma Supreme Court.