SEATTLE (AP) – The maker of the pain medication OxyContin has asked a federal judge in Seattle to throw out a Washington city’s lawsuit that seeks to hold the drugmaker responsible for allowing its pills to flood the black market and into Everett.
Purdue Pharma argued in court documents filed Monday that there is no basis in law for a municipality to bring such an action against a pharmaceutical manufacturer.
Everett, a city of about 108,000 north of Seattle, sued the Connecticut-based company in January seeking to hold it accountable for the social and economic damages to the community due to illegal trafficking of the powerful painkillers. The city alleged that Purdue knowingly allowed pills to be funneled into the black market and into the city and did nothing to stop it.
The city’s lawsuit which accuses Purdue of gross negligence and nuisance was initially filed in state court but has moved to federal court in Seattle.
Purdue makes several arguments in asking U.S. District Judge Ricardo S. Martinez to dismiss all claims. It contends that the city’s claim that Purdue failed to report suspicious flows to authorities isn’t reasonable given other court filings that demonstrate law enforcement knew and was already investigating criminal trafficking at issue. Purdue also maintains that it did not breach any legal duty to the city and that the city does not have standing to make claims based on a consent judgment that the company entered into with the state of Washington.