Pill Mill Monitor : Personal Injury Lawyer & Attorney : Kay Van Wey Law Firm : Prescription Drug Overdoses & Pharmaceutical Abuse

With the recent rash of celebrity overdose deaths, Americans are becoming increasingly aware of the prescription drug addiction epidemic which is ravaging this country and claiming the lives of her citizens.

According to the CDC,

The mortality rates from unintentional drug overdose (not including alcohol) have risen steadily since the early 1970s, and over the past ten years they have reached historic highs.

The CDC also added that drug overdose deaths are now 4 to 5 times higher than the death rates during the black tar heroin epidemic in the mid-1970s and more than twice what they were during the peak years of crack cocaine in the early 1990s. Currently, people in the 45-54 age group now die of drug overdoses more often than from traffic crashes.

The most common drugs found on autopsy in drug overdose deaths are called narcotics, usually prescription painkillers called opioids.  OxyContin , Vicodin  and  Lortab are examples of opioid painkillers. Methadone is also now widely used as a painkiller in addition to its use for treatment of addiction. Another drug commonly associated with drug overdose deaths is a group of drugs called sedatives like Xanax and Valium. Soma, a powerful muscle relaxer is often in the mix.

According to the U.S. Drug Enforcement Agency, more than 6 million Americans are  currently abusing prescription drugs—that is more than the number of Americans abusing cocaine, heroin, hallucinogens and inhalants combined. With more current users, we can expect the mortality rates from prescription drug overdose deaths to continue to rise.

The victims are not what many might perceive as a bum living under a bridge. These are our sons and daughters, parents, teachers and neighbors. It affects everyone from the high profile celebrity to the ordinary American.

A multi-pronged approach is needed to address this problem. But, recognition of the problem is a good place to start. It is unfortunate that it took several high profile cases to bring the problem into the public's eye. But, now that we know, we cannot turn a blind eye. The time is now to begin a dialogue about how to best address this killer epidemic.

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Unless I am suffering from an extreme case of insomnia, I don't enjoy studying statistics. Reading them is usually like watching paint dry. However, the old adage "statistics don't lie" really is true, particularly, when they are from a credible source.

Below is a chart from the CDC showing the increase in prescription pain killer overdose deaths from 2001-2005.

Since 2001, the National Forensic Lab  Information system (NFLIS) has produced estimates of the number of drug items and drug cases analyzed by state and local laboratories from a national representative sample of laboratories. NFLIS provides a unique source of information on the nation’s
drug problem by providing detailed and timely information on drug evidence secured in law
enforcement operations across the country. The results of the NFLIS 2008 survey are complete.

Nationally, reports of alprazolam, hydrocodone, oxycodone, clonazepam, and morphine experienced significant increases from 2001 through 2008. Alprazolam reports almost doubled during this time, while reports of hydrocodone increased 201%, morphine increased 197%, oxycodone increased 178%, and clonazepam increased 70%. Regionally, reports of hydrocodone, oxycodone, and morphine increased significantly in all census regions from 2001 through 2008. Reports of alprazolam and clonazepam increased significantly in the Midwest, South and Northeast.

We cannot look at these statistics and deny that we have a massive  prescription drug addiction problem in this country.

So, why until recently has the prescription drug epidemic been off the radar screen of most people?

• Is it because it is a man-made/ home-grown problem that no one wants to accept responsibility for?
• Is it because some powerful people and powerful corporations  are contributing to the problem?

It is easy to demonize the shady drug dealer selling street drugs on the corner, but some people are reluctant to accept that there are thousands of prescription drug dealers operating every day in this country who have been granted a license to do so. The agencies who are charged with the responsibility for monitoring and regulating them are failing to address the problem. If the do catch a doctor or pharmacist abusing their DEA license, they frequently get off with a mere slap on the hand.

If you deal drugs in a white lab coat or behind a pharmacy counter should  that make you immune from accountability? Why shouldn't we treat all drug dealers alike, regardless of their educational or socio-economic status?

Statistics don't lie. Knowledge is power.

We can no longer stick our heads in the sand and deny the existence of the prescription drug addiction epidemic that has hit this country. Shout it from the mountaintops. Educate your friends and family. Ask your local law enforcement and  elected officials what they are doing to address the problem.

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According to the U.S. Drug Enforcement Agency, more than 6 million Americans are currently abusing prescription drugs.

This begs the question: Where are these estimated 6 million people getting a steady supply of prescription drugs to feed their addiction?

Unfortunately, the pharmaceutical and healthcare industry itself is largely to blame. There is built in profit motive for doctor's who prescribe, pharmacists who fill and companies that distribute prescription drugs.

In order to prescribe or dispense controlled substances, healthcare providers are required to obtain a license issued by the Drug Enforcement Agency. By law, persons who maintain a DEA license  must not divert or assist in the diversion of drugs for illicit purposes.

Many healthcare providers are vigilant in preventing the diversion and abuse of
controlled substances.  However, there are physicians, pharmacists and others in the distribution chain who become involved in diverting prescription drugs for financial gain. The most common method is through "pill mills". This involves setting up a clinic where doctors see large volumes of patients, ask few questions and prescribe large quantities and combinations of controlled substances.

The prescriptions themselves are only worth the paper they are written on until a pharmacist agrees to fill them. Pharmacists have an independent duty to ensure that prescriptions are written for a valid medical purpose and to refuse to fill them if they are not. Unfortunately, there are pharmacies who are perfectly willing to turn their heads and fill prescriptions which they know, or should know are not written for a valid medical purpose.

The wholesale distributor who supplies the pharmacy with it's controlled substances also has a duty to know their customer. Wholesalers need to develop  systems for evaluating and monitoring the flow of controlled substances. Unfortunately, there is a financial disincentive to do so in the minds of some wholesalers because they and their sales staff are compensated based upon the volume of drugs they distribute.

Likewise, the manufacturer of the narcotics is in the business of selling drugs. They have become increasingly sophisticated at educating the public about the perceived need for their drugs. Many of us have grown up in the era where there is a pill for anything and everything. Let's face it: prescription drugs are  a multiple billion dollar industry. 

I don't pretend to be an expert in economics, but it seems that some rather favorable market conditions exist. There is certainly a market for the drugs ..... 6 million and growing according to the DEA.  There is certainly ample supply. There are financial opportunities for virtually everyone involved in manufacturing, distributing, dispensing and prescribing the controlled substances. 

In my view, until we make diverting prescription drugs unprofitable, the problem will continue to claim the lives of our citizens. Greed has created a lot of this problem. Business opportunities abound. As long as money is flowing, people will continue to place their pocketbooks over their conscience.

Civil lawsuits have always been the great equalizer. In this country, an individual or group of individuals can take on our most powerful citizens and corporations in order to expose wrongdoing. The culprits need to be exposed and held accountable. Throughout history, lawsuits have forced tobacco companies, HMO's, automobile manufacturers, and others to change their practices. The prescription drug industry has not been publicly outed or held accountable for the fortunes they have reaped over the diversion of prescription drugs. Now is the time for change.

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