Opinion: Confidentiality orders in drug, device lawsuits harm patients and the public
In 2001, West Virginia became the first state to sue Purdue Pharma, the maker of OxyContin (oxycodone ER). As part of the confidential exchange of documents during the litigation, Purdue disclosed something extraordinary: the company knew that OxyContin did not provide 12 hours of pain relief.
This disclosure was notable for two reasons: It contradicted the drug’s FDA-approved label, and Purdue had heavily promoted this supposed attribute of OxyContin to establish its competitive advantage over other pain relievers.
Other confidential documents showed how Purdue mobilized sales reps to tell doctors to prescribe stronger doses of the painkiller in hopes of disguising its lack of 12-hour effectiveness. This marketing strategy likely helped fuel the opioid epidemic, as these stronger doses put patients at greater risk for addiction and overdose.
Although the information was disclosed in and against Purdue to unseal secret records from a Kentucky case.
