Native Americans across the nation have been hit hard by the opioid crisis. Like other governmental bodies, tribes are taking action to hold pharmaceutical companies and companies that distributed opioids responsible.
On September 13, 2019, the Seminole Tribe of Florida filed a federal lawsuit against Purdue Pharma, Johnson & Johnson, Walgreens, CVS and other opioid manufacturers. The Seminole community alleges that they have been “ravaged by the opioid epidemic” as the tribe has extended massive resources to try to treat members and lost many over the years.
The Seminole Tribe is not alone in taking legal action. Many communities across the state have filed similar suits in response to the Florida opioid crisis. Another Floridian tribe, the Miccosukee Tribe, based in western Broward and Miami-Dade counties, filed a federal suit against many of the same drug companies earlier this year as they have experienced similar devastation within their community.
Impact of Opioid Use on Native American Tribes
The impact of the opioid crisis on Native Americans has been severely damaging. Data from the U.S. Centers for Disease Control shows that, since 2000, overdose deaths in the Native American population has had a nearly six-fold increase — the fastest rate of any group in the United States.
The scale of this tragedy within Native American tribes is not only felt by family members; it also affects tribal governance and sustainability. Unlike states, Native American tribes do not receive federal subsidies for Medicare and private insurance companies. This means that tribes have to independently fund healthcare needs of members — which dramatically increased with the rise in the wake of the opioid epidemic.
In the suit, the Seminole Tribe makes the argument that pharmaceutical companies engaged in deceptive marketing strategies and tactics to sell more drugs — despite the known health risks.
Other Florida Lawsuits Over Opioid Use
It’s not just Native American tribes who are suing opioid manufacturers and distributors. Several different governmental bodies and agencies — 27 hospitals, other tribes, cities, counties and even the state of Florida — have filed opioid lawsuits against opioid manufacturers and distributors.
What will be the outcome? It’s not clear yet. The landmark win against Johnson & Johnson in Oklahoma is encouraging for groups like the Seminole Tribe. However, a precedent may have been set that would be bad for tribes when a federal court in Oklahoma decided that tribes could not sue drug companies as they are not tribal members. Purdue Pharma’s decision to file for Chapter 11 bankruptcy could also spell trouble. Legal experts predict that such a move might limit what victims like the Seminole Tribe are able to collect.
Even if the Seminole Tribe is able to win its lawsuit, this will only send a message to the responsible parties and help them recoup financial damages — it will not solve the problem of opioid addiction. The best way to prevent further harm to the community is to stop the flow of opioids and help people who are struggling with addiction get the treatment they need and deserve.
“Seminole Tribe of Florida v. AmerisourceBergen Drug Corporation et al.” Dockets.Justia.com. Accessed October 3, 2019.
Shammas, Brittany. “Miccosukee Tribe Sues Opioid Manufacturers Over Drug Epidemic.” Miami New Times, February 22, 2019. Accessed October 3, 2019.
McGivern, Kylie. “Florida negotiating settlement with Purdue Pharma over opioid crisis.” ABC Action News, September 12, 2019. Accessed October 3, 2019.
“Florida Hospitals File Lawsuit Against Opioid Manufacturers and Distributors.” PR Newswire, September 18, 2019. Accessed October 3, 2019.
Fortier, Jackie. “Oklahoma wins $572 million from opioid manufacturer Johnson & Johnson.” StateImpactNPR.org, August 28, 2019. Accessed October 3, 2019.
Lipscomb, Jessica. “‘Ravaged’ by the Opioid Crisis, Seminole Tribe Sues Purdue and Other Drug Manufacturers.” Miami New Times, September 19, 2019. Accessed October 3, 2019.