Pendleton join class action opioid lawsuit

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PENDLETON — Pendleton voted unanimously to join a class action lawsuit against manufacturers and distributors of opioid pain medications.

“We do have a problem here, we’re not different than anywhere else,” Pendleton Town Council President Bob Jones said during the Thursday, Feb. 8 meeting.

The council has talked previously about doing what other communities, including Alexandria, Elwood and Madison County, have done — pursue a legal fix from drug companies for the costs associated with opioid use and abuse, and thereby fight what is widely regarded major problem across the country.

The town met in executive session prior to Thursday’s meeting for further discussion. Jones said there are several class action lawsuits under way, and he signed off Tuesday, Feb. 13, on Pendleton joining the suit with Indianapolis and several other communities.

The prime motivation in taking legal action is not money, Jones said during the council meeting, but rather to try and fight the problem on whatever levels possible.

“It’s, I guess you could say, maybe a statement,” Jones later said. “We feel litigation is a step forward as a community to take a stance against the distribution system.”

If the town does receive any money, it would help pay for costs and educational opportunities associated with opioids.

Town attorney Alex Intermill said the types of costs towns are seeking to recover include the expense of EMS responses to overdoses, training EMS staff on how to respond and court costs associated with opioid cases.

“The list is pretty extensive,” Intermill said.

Intermill said he would help the town get in contact with Indianapolis law firm Cohen & Malad, LLP, which has been working on similar efforts with other government entities.

Cohen & Malad, which according to its website was hired by the City of Indianapolis to pursue a case against drugmakers, describes the basis for that lawsuit: “Hoosiers are more likely to die from a drug overdose than an automobile accident. A recent dramatic increase in use of prescription opioid pain medications … is the cause of this sobering statement,” the website reads. “Drug manufacturers … knew that opioids are too addictive for long-term use for chronic pain yet engaged in deceptive marketing practices in order to make a profit.

“Counties, cities and towns across Indiana spend millions of dollars each year on services for law enforcement, health services, social services and expenses related to the criminal justice process in their battle against the opioid addiction epidemic.”

Intermill said joining the lawsuit will not cost the town any money, as it will be handled on a contingency basis; Cohen & Malad will receive about a third of any settlement, with the plaintiff’s sharing the remainder, he said.

Intermill said he is not involved in the class action effort and won’t be charging the town for any work related to the suit.

In other business, Pendleton also voted unanimously for an amendment to its animal control ordinance related to “temperatures and weather.”

The ordinance targets dogs confined in a yard, garage, shed or barn without heating or air conditioning.

The ordinance requires dogs confined outside on days where the temperature is lower than 40 degrees or higher than 80 degrees must have a shelter that protects them from the elements.

It has further stipulations that when temperatures are below 20 degrees and above 90 degrees (or when there’s a chill warning or heat advisory), dogs must be brought into a temperature-controlled facility. An exception is “when the dog (is) in visual range of a competent adult who is outside with the dog.”

The ordinance also includes an exception on the cold end of the spectrum for “double-coated” dog breeds, such as Siberian Huskies and Alaskan malamutes, which can tolerate extreme cold.

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