PITTSBURGH — Individuals have filed a class-action lawsuit against Teva Pharmaceuticals USA Inc., Cephalon Inc., Endo Pharmaceuticals Inc., and AmerisourceBergen Corp., citing alleged civil conspiracy, negligence and unjust enrichment.
Adam C. Kassab filed a complaint individually and on behalf of all others similarly situated on Sept. 21 in the Court of Common Pleas of Allegheny County against the defendants, alleging they failed their duties to disseminate accurate and truthful information.
According to the complaint, the plaintiffs allege that Kassab and other similarly situated individuals have suffered from damages, including higher insurance premiums, addiction, and cost of future care, as a result of the misleading claims of the defendant about the ability of their "abuse-deterrent" opioid formulations to prevent or reduce abuse and addiction and the safety of their formulations, so that they encouraged doctors to prescribe opioids under the mistaken belief that defendants' opioids are safe.
The plaintiffs hold Teva Pharmaceuticals USA Inc., Cephalon Inc., Endo Pharmaceuticals Inc., and AmerisourceBergen Corp. responsible because the defendants allegedly failed to disclose the greater risk of addiction with prolonged use of opioids, utilized false claims in an attempt to rehabilitate their image as responsible opioid manufacturers, and created higher demand and thus higher prices for opioids.
The plaintiffs request a trial by jury and seek judgment against defendants for all damages, maintain class action, restitution, treble and punitive damages, injunctive relief, litigation expenses, attorneys’ fees, interest, and further relief as equity and justice may require.
They are represented by Scott Hare of Law Office of Scott M. Hare in Pittsburgh; William Consovoy and Thomas McCarthy of Consovoy McCarthy Park PLLC in Arlington, Virginia; Michael Park of Consovoy McCarthy Park PLLC in New York; and Ashley Keller, Travis Lenkner and Seth Meyer of Keller Lenkner LLC in Chicago.