The opioids’ epidemic in West Virginia is one of the most critical in the country’s drug history with the state now suing pharmaceutical firms for the role that they have played in the crisis. In its 2017 report, the Drug Enforcement Agency (DEA) illustrates that opioids trafficking and distribution is at a critical threat to West Virginia. West Virginia has the highest rate of overdose death in the country based on 2015 figures (DEA, 2017). In this paper, the article discusses why the state is suing these firms, the role of doctors and companies from a theoretical perspective, and if the crime is a white collar crime.
Why West Virginia is suing the Pharmaceutical Companies
The state is suing these companies for illegal distribution of controlled and prescription drugs that has fueled the already acute drug problem in the country. The DEA report on West Virginia is categorical that controlled prescription drugs (CPDs) like heroin, fentanyl, and methamphetamine have the greatest threat to West Virginia. The abuse and trafficking of these substances is one of the leading drug challenges that the state faces. Further, it is responsible for most of the overdose deaths in West Virginia (Blumenthal & Seervai, 2017). In the pending suits, the state government of West Virginia and counties within the state argue that drug manufacturing and distribution companies failed to adhere to the state and federal legislations to prevent the distribution and abuse of prescription pain drugs. The state seeks to ensure that these companies are held to account for the opioid problem. The state is suing to lower the cost per capita of dealing with the problem that is the nation’s highest at $ 4,378. Additionally, the state has the highest overdose rate due to opioids at 43 deaths per 100,000 (Hamilton, 2017). For instance, in 2016, about 733 deaths were recorded with a majority attributed to synthetic opioids and heroin.
Delegate your assignment to our experts and they will do the rest.
The pharmaceutical companies carried out illegal manufacturing and distribution of controlled prescription drugs. For example, Cabell County reported 20 opioids overdose cases within 53-hours in 2016. The companies contributed to the increased trafficking and use of opiates in the state (Hamilton, 2017). The companies knew the addiction problem in the country and ought to have adhered to state and federal legislations concerning the use of these drugs. The companies breached their duty to detect, monitor, investigate and report and refuse suspicious orders placed for prescription opiates. Medical doctors play a critical role in the epidemic by giving prescriptions on these drugs to the wrong persons. They are also key players in the pharmaceutical industry and understand the distribution chain of these drugs (DEA, 2017). The doctors also prescribe prescription painkiller and contribute to the opioid addiction and overdose problem indirectly.
Statistics
West Virginia has the highest opioid addiction rate in the country. Further, it has the highest opioid overdose deaths. For instance, about 43 deaths in 100,000 reported cases occur in the state (Newman, 2018). Again, between 2012 and 2015, fentanyl overdose deaths in the state increased by over 20 percent. The current figures released by the DEA shows that opioid use and addiction continues to increase in the United States with states like West Virginia, Washington D.C., and New Hampshire carrying the highest per capita burden (DEA, 2017). The situation in West Virginia demonstrates that the country continues to face serious challenges in controlling the use of opiates and subsequent overdose.
Routine Activities Theory
The pharmaceutical companies may have acted the way they did because they saw an opportunity to make money as a result of the widespread drug problem in the country. According to the routine activities theory, the generalized patterns of social conduct and activities in society offer an opportunity for people to commit crime, whether willingly or unwillingly. The core element of the theory is that the structure of routine activities impacts the kinds of situations that emerge, and changes in these activities also lead to alterations in situations that people face (Wikstrom, 2016). Based on this theory, criminal networks have used the controlled prescription laws to their advantage by engaging the pharmaceutical companies and doctors to allow them traffic and use these drugs.
White-Collar Crime
It is evident that the current opioid problem or epidemic is a white-collar crime as it involves doctors giving prescriptions in illegal ways. In one of the suits filed by a county in West Virginia, the local government states that drug wholesalers and doctors neglected their duty to monitor, investigate, detect and report suspicious prescription orders of the CPDs. While the epidemic was not caused by the companies, they played a critical role in its exacerbation by concluding with drug trafficking networks and doctors to sell, flood, and distribute CPDs.
Lessons from the epidemic
Important lessons can be found in the current opioids epidemic in West Virginia through the suits filed in the courts. Firstly, the pharmaceutical companies and doctors neglected their professional and ethical duties to protect people. Secondly, the cases filed demonstrate that such patterns can be used to address the problem of opioids and prevent it from escalating beyond its current status. The pharmaceutical companies can also be stopped if they helped cause the opioids problem in West Virginia through necessary legal actions like the suits filed by state and local governments (Blumenthal & Seervai, 2017). The companies should be made to compensate the relevant agencies and be stopped from manufacturing the drugs.
References
Drug Enforcement Agency (2017) The West Virginia Drug Situation; Retrieved on April 19,
2018 from https://www.dea.gov/docs/DEA-WAS-DIR-024-17%20West%20Virginia%20Drug%20Situation%20-UNCLASSIFIED.pdf
Hamilton, K. (2017) Opioids Overload: Drug companies sued for flooding West Virginia county
with 40 million doses of opioids; Retrieved on April 19, 2018 from https://news.vice.com/en_us/article/mb9yby/drug-companies-sued-for-flooding-west-virginia-county-with-40-million-doses-of-opioids
Newman, K. (2018 March 20) The Per Capita Cost of the Opioids Crisis; Retrieved on April 19,
2018 from https://www.usnews.com/news/healthiest-communities/articles/2018-03-20/west-virginia-and-new-hampshire-bear-highest-costs-of-opioid-crisis
Pietson, L. (2018) West Virginia Towns Flood Opioid Companies With Lawsuits; Retrieved on
April 19, 2018 from http://www.governing.com/topics/public-justice-safety/tns-opioid-lawsuits-west-virginia.html
Wikstrom, O.H. (2016) Routine Activity Theories; Retrieved on April 19, 2018 from
http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-9780195396607-0010.xml
Blumenthal, D., & Seervai, S. (2017 October 26) To Combat the Opioid Epidemic, We Must Be
Honest About All Its Causes; Harvard Business Review; Retrieved on April 19, 2018 from https://hbr.org/2017/10/to-combat-the-opioid-epidemic-we-must-be-honest-about-all-its-causes
