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Solving the Opioid Epidemic in Ohio.

Lacy Leduc1

  • 1Cleveland-Marshall College of Law.

Journal of Law and Health
|May 16, 2019
PubMed
Summary

Ohio

Area of Science:

  • Public Health
  • Law
  • Pharmaceuticals

Background:

  • Ohio faces a severe opioid epidemic, with lawsuits targeting pharmaceutical companies.
  • The Learned Intermediary Doctrine shields drug manufacturers from liability, shifting it to physicians.
  • This doctrine has historically allowed companies to evade responsibility for opioid-related misconduct.

Purpose of the Study:

  • To analyze the role of pharmaceutical companies and government in Ohio's opioid crisis.
  • To examine the impact of the Learned Intermediary Doctrine on drug manufacturer liability.
  • To propose an exception to the Learned Intermediary Doctrine in the context of Ohio's current opioid litigation.

Main Methods:

  • Legal analysis of the Learned Intermediary Doctrine.

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  • Review of government and pharmaceutical industry roles in opioid availability.
  • Examination of legislative actions taken by the Ohio Legislature.
  • Discussion of the implications of the current Ohio lawsuit on the opioid and heroin epidemics.

    • Main Results:

    • Pharmaceutical companies have significantly contributed to the opioid availability and epidemic.
    • The Learned Intermediary Doctrine presents a barrier to holding manufacturers accountable.
    • Existing legislative efforts in Ohio aim to combat the opioid problem.

    Conclusions:

    • An exception to the Learned Intermediary Doctrine is necessary for the current Ohio lawsuit.
    • Addressing the opioid epidemic requires holding pharmaceutical companies accountable.
    • The outcome of the lawsuit could significantly impact Ohio's heroin epidemic.