Posted by Gary Burger on April 8, 2019 in Blog
We have multiple lawsuits against Opioid Manufacturers for their dangerous products killing our clients. We sue them under strict and negligent products liability. But was also sue them for fraud.
We use the Missouri Merchandising Practices Act (“MMPA”), RSMo. § 407.020 provides, in part, as follows:
The act, use, or employment of any person of any deception, fraud, false pretense, false promise, false misrepresentation, unfair practice or the concealment, suppression, or omission of any material fact in connection with the sale or advertisement of any merchandise in trade or commerce … in or from the state of Missouri, is declared to be an unlawful practice.
In our lawsuits we allege that Defendant has employed and used deception in connection with the sale and advertisement of opioid medications in the State of Missouri.
We allege the Defendant knowingly directly and indirectly represented and advertised to our client and his physicians that Defendant’s opioid product(s):
- were a safe and effective method of long-term pain management;
- were safe for human consumption;
- could be used as directed by defendant and physicians with a low risk of addiction, withdrawal, suicide or death;
- are safe if taken appropriately; and
- are safe and not dangerous when used in the dosage, manner, and/or frequency or duration prescribed, recommended, and/or suggested in their labeling.
We allege and show that Defendant knowingly misrepresented and/or concealed:
- its opioid product(s) risk of addiction, withdrawal and suicide;
- the dangerous nature of its opioid product(s), in that the labeling of the product implied that the opioids were safe for human consumption;
- that opioids carry an unreasonably high risk of addiction and death when put to a reasonably anticipated use;
- that opioids are not appropriate for management of longer-term chronic pain;
- that long-term opioid users need higher doses of opioids to obtain the same level of pain relief;
- opioids are unsafe if not taken appropriately; and
- opioids are health-endangering and unreasonably dangerous, even when used in the dosage, manner, and/or frequency or duration prescribed, recommended, and/or suggested in their labeling.
We have to show that the decedent purchased and used the Defendant’s opioid products was for personal (non-commercial) purposes under the MMPA.
We allege and prove that as a direct and proximate result of Defendant’s deceptive practices, Plaintiff’s Decedent sustained damages, including addiction, withdrawal, and eventual death.
Our clients’ families are entitled to recover their actual damages, attorney’s fees, and other equitable relief under RSMo. § 407.025.