Hackensack NJ, Public Relations Executive Alan Marcus is suing former Bergen County Executive Democrat Dennis McNerney for $16 million alleging defamation, invasion of privacy and false light, punitive damages and computer related offenses
The lawsuit alleges that McNerney and his wife, Cathy, used 27 internet aliases to post 88 comments under articles that alleged that Marcus committed bribery, fraud, blackmail and exchanged county contracts for sex.
This is the same type of strategy used on this blog by certain elements of Ridgewood and was orchestrated against former Mayor Kieth Killion and Ken Gabbert and is currently being used to undermine our current mayor Susan Knudsen .
Attorneys for McNerney claim that the comments were fair comment on political issues of public importance. Marcus was a campaign manager, headed the transition team and was an unpaid advisor for Kathe Donovan, who succeeded McNerney as County Executive.
An attorney for McNerney says that during Donovan’s tenure, Marcus was investigated by federal prosecutors who subpoenaed documents concerning his public relations contract with Bergen Community College. Marcus withdrew from the gig when it received public criticism. Marcus was also the spokeman for Triple Five the latest developer for the American Dream Meadowlands project, formerly known as Xanadu.
Marcus’ attorney, Joseph B. Fiorenzo said that McNerney had admitted in an emailed document that his intent was to “scandalize … Alan Marcus.” and went on ,”Rarely has a defendant’s actual malice been set forth so plainly and clearly,”
The plan worked, Marcus’ attorney said, by abusing the anonymity of the internet McNerney “created an army of fictitious users from all walks of life; Republicans, Democrats, men, women and people from all of Bergen County to interact and conspire to level specious claims of criminality against Marcus and convince others of the truth of the allegations.”
Ridgewood NJ, The FBI’s Philadelphia and Newark Divisions and the U.S. Marshals Service, District of New Jersey, are warning the public about a phone scam being perpetrated by callers impersonating law enforcement or court officials.
The scammers say they’re with the U.S. Marshals Service, county sheriff’s department, or another law enforcement agency. They accuse the call recipient of failing to appear for federal or local jury duty and warn that an arrest warrant has been issued.
The intended victim is advised that he or she must pay a fine, then report to court. To settle the fine, the scammers instruct the person to buy a prepaid debit card and provide them the card information.
Recent reports indicate these scammers have been targeting New Jersey residents; variations of the “jury duty” scam have been documented in numerous other states, as well.
To avoid becoming the victim of this type of phone scam, the FBI and U.S. Marshals Service offer the following tips:
Always be suspicious of unsolicited phone calls Never give money or personal information to someone with whom you don’t have ties and did not initiate contact Trust your instincts: if an unknown caller pressures you, or says things that don’t sound right, hang up If concerns remain about the caller’s claims, verify the information with the appropriate law enforcement agency or court officials
Victims of phone or online scams can file a complaint with the FBI’s Internet Crime Complaint Center at www.IC3.gov.
Ridgewood NJ, Per Democrats’ / Murphy’s proposal, marginal tax rate on incomes above $1MM will be 10.75%.
Below are the top two tax brackets in NY state and NJ state:
NY
$321,050+ 6.85%
$2,140,900+ 8.82%
NJ
$500,000+ 8.97%
$1,000,000+ 10.75%
For a family with income between $500k and $1MM, the NJ tax is 2.12% higher than the NY tax.
For a family with income between $1MM and $2MM, the NJ tax will not be 3.90% higher than the NY tax.
No doubt, people already settled in NJ with friends etc will not suddenly bolt for NY. But for a family currently living in NYC/Brooklyn/Hoboken (typical Ridgewood pipeline), Westchester suddenly became a MUCH better option than Bergen country. And this is before we even compared the miserable commute from NJ to direct MTA train service from Westchester.
With negative incentive to move to NJ, property values (especially in Bergen County) will track what is happening in Fairfield country in Connecticut right now.
Absurdly enough, a majority of Ridgewood residents have voted in favor of the destruction of their own town (in more ways than one).
Paramus NJ, Personnel from Paramus Police, Fire Department, and the Bergen County HazMat Unit responded to Route 17 southbound in near Glen Avenue in Paramus on Thursday morning, 11/09 in response to telephone calls reporting that a tractor trailer owned by UPS had ruptured a diesel fuel saddle tank leaking a significant quantity of fuel onto the traveled highway. After the leak was plugged and the remaining fuel transferred, the disabled truck was towed from the highway by a heavy duty wrecker. A private contractor was called to clean up the highway.
Saddle River NJ, Saddle River police report that Saddle River and several neighboring jurisdictions have experienced high end auto thefts and auto burglaries. If everyone removes the keys and key FOB’s from their vehicles these thefts will stop. Locking your vehicle when its in the driveway prevents car burglaries from occurring and deters criminals from our area.
If you see suspicious activity call the Saddle River Police desk anytime at 201-327-5300 or call 9-1-1
There has been an uptick in residential burglaries countywide. It’s getting dark earlier and that can provide thieves the cover of darkness they like to operate in. If you have an alarm system make sure you activate it, even if you’re just running out for a few minutes. Remove your valuables from the master bedroom and it’s closet. If you have a safe make sure it is securely bolted in place. Even large safes have been carried out of homes during burglaries. Adjust your light timers accordingly to illuminate your residence to help deter an intruder. Security cameras are a great tool. Check your system now to make sure its functioning properly before an incident may happen.
Most crimes are prevented or criminals are caught when the public assists the Police by reporting suspicious persons and activity. Discuss this with your neighbors, family and friends. Advise them to secure their homes and to report suspicious activity when it is observed, not the following day. The eyes and ears of the community are of great assistance in preventing and solving crimes. Any suspicious activity can be reported to the police desk @ 201-327-5300 or by calling 9-1-1
For additional information or assistance please call Saddle River Police headquarters anytime at 201-327-5300.
Also be aware that the Felony Lane Gang is active in our area. They break into vehicles and steal identities. They target areas that women and mothers attend hoping to steal a purse that has been left behind by a busy women. This gang targets gyms, parks, daycare centers, and sporting events likely to be frequented by women and increasing the chances of finding purses left in vehicles; they conduct surveillance at these locations and unlawfully enter vehicles through unlocked doors or by using a window punch to break the window of a locked vehicle; and they specifically look for identification such as driver licenses, checks, and debit cards. Make sure any valuables and purses aren’t left in a vehicle to be stolen by these criminals.
Just a few simple steps will reduce your chances of being victimized by these criminals.
For additional information or assistance please call Saddle River Police headquarters anytime at 201-327-5300.
Why we vote on a Tuesday: in 1845, before Florida, California, and Texas were states, or slavery had been abolished, Congress needed to pick a time for Americans to vote. We were an agrarian society. We traveled by horse and buggy. Farmers needed a day to get to the county seat, a day to vote, and a day to get back, without interfering with the three days of worship. So that left Tuesday and Wednesday, but Wednesday was market day. So, Tuesday it was. In 1875 Congress extended the Tuesday date for national House elections and in 1914 for federal Senate elections.
Why we vote in November: the month of November fit nicely between harvest time and brutal winter weather–which can be especially bad when you’re trudging along by horse and buggy.
Ridgewood NJ, If you have not heard, fire destroyed the Fr. English Food Pantry in Paterson last Thursday.
OLMC has had a long working relationship with this food pantry. Our pans of food are sent here, the youth group has volunteered here for over ten years and last Lent, we were able to donate over $9,000 from our “Meals in Motion” service project. The pantry feeds approximately 4,500 families each MONTH.
In speaking to Carlos today, ALL food in the pantry must be destroyed due to smoke and water damage and it will take over two months to rebuild.
With three weeks until Thanksgiving, Carlos is worried for these families.
Some good news, Eva’s Kitchen, a few blocks from the current pantry site, has agreed to rent space for a temporary pantry until the new one is built.
OUR FROZEN TURKEY DRIVE THIS WEEKEND WILL TAKE PLACE!!! But we are expanding it to ALL nonperishable food items. Items can be dropped off SATURDAY, NOVEMBER 11TH FROM 9AM TO 12 NOON.
We know that many families will be leaving town for the long weekend with schools being closed. If you wish to drop off nonperishable food TO THE YOUTH CENTER IN THE SCHOOL BUILDING YOU CAN DO SO NOW THROUGH THURSDAY 5PM. PLEASE NO FROZEN TURKEYS UNTIL SATURDAY SINCE WE DO NOT HAVE FREEZER SPACE FOR THEM.
Any questions, please call Glen Mc Call at the Youth Center (201-444-9302). If you need to drop off nonperishable food items because will be out of town on Saturday, you can bring them to the youth center located in the school building through Thursday 5pm (youth center is closed on Fridays.) You can also bring nonperishable items on Saturday between 9am and 12 noon.
Trenton NJ, Attorney General Christopher S. Porrino announced today that approximately 250 Deputy Attorneys General (DAsG) will be assigned throughout the state on Election Day, November 7, to help ensure a fair and smooth-running election, and to assist county election officials in resolving any voting-related legal issues that may arise.
According to Porrino, DAsG from the Division of Law will be stationed in each of the state’s 21 counties to handle any court applications, and to provide timely legal advice to County Superintendents of Election and Boards of Election. The DAsG will be on duty from the time the polls open until they close.
“By having DAsG on duty in every county, we are helping to ensure the integrity of the election process by protecting peoples’ right to vote, and by facilitating the prompt — and fair — resolution of any voting-related legal issues that may emerge,” said the Attorney General.
Porrino explained it is a criminal offense to solicit or electioneer voters within a “protective zone” as they enter or exit a polling location. The “protective zone” extends 100 feet from the outside entrance of any polling site. Attempts to interfere with voters within this zone are usually handled by law enforcement officers from the appropriate agency.
According to Porrino, any person who believes his or her right to vote has been interfered with, or who wishes to report other voting-related problems or concerns, should contact the state’s hotline at 1-877-NJVOTER.
Members of the public also can direct election-related questions to their County Superintendent of Elections and county Board of Elections. A list of county-level election office contacts, as well as other useful elections-related information, can be found on the New Jersey Division of Elections Web site at www.NJElections.org.
Paramus NJ, Bergen County Prosecutor Gurbir S. Grewal and Bergen County Sheriff Michael Saudino jointly announced today the launch of a new law enforcement initiative designed to promote both public and law enforcement safety across Bergen County. Beginning Wednesday, November 1, 2017, the Bergen County Regional SWAT Team (“RST”), which is overseen by both the Prosecutor and Sheriff, will deploy two patrol units County-wide, which will allow highly trained and specially equipped RST officers to respond more quickly to critical incidents.
The new patrol units will be staffed by officers from the RST, which is comprised of approximately 55 law enforcement officers from the Prosecutor’s Office, the Sheriff’s Department, and 24 Bergen County municipal police departments. The units will be on scheduled patrol across Bergen County for 12 hours a day, Monday through Saturday. They will primarily provide back-up and support services to municipal officers responding to dangerous calls for service, such as domestic violence calls, shots-fired calls, crimes in progress, or high-risk motor vehicle stops. In addition, the new units will support traditional RST calls for service, including active shooter, barricaded subject, or hostage situations. Because they will already be on the road, they will be able to respond more quickly to such calls and in some cases, avoid a full RST deployment when the quick-response unit alone is sufficient.
In addition to acting as a back-up response asset to Bergen County’s many municipal police agencies, the quick-response units will be conducting routine critical infrastructure patrols. On a daily basis, the RST officers will be checking schools, hotels, office and government buildings, as well as other buildings and areas of critical infrastructure as identified by municipal police agencies and the Bergen County Prosecutor’s Office’s Intelligence and Counter-Terrorism Units.
According to a 2016 study released by the United States Department of Justice’s Office of Community Oriented Policing, 34% of police officers killed between 2010 and 2014 were alone without back-up when they were killed.1 According to the same study, during more than one in five (or 22%) of these instances, the slain police officers were responding to a routine call regarding domestic violence. Additionally, in all but one case, the responding officers were shot to death. The report concluded that the “necessity of having three or more officers at a domestic situation to adequately separate parties, monitor family members and, if necessary, physically restrain and arrest a suspect, is apparent.
“The goal here is to have these new units serve as a force multiplier for our local departments to ensure officer safety when responding to dangerous calls for service,” said Prosecutor Grewal. “Such a response will be of particular benefit to our smaller, as well as our busier departments, both of which sometimes have fewer officers to respond to potentially dangerous calls for service,” added Prosecutor Grewal.
Additionally, some calls for service in Bergen County, like active shooter or hostage situations, require a tactical RST response and time is of the essence during such calls. “Experience shows that a direct and immediate response by multiple, tactically trained and equipped officers greatly increases the safety of civilians, including suspects, and officers,” stated Sheriff Saudino. “These mobile units will provide for a quicker response by RST officers and are another example of how we are proactive here in Bergen County,” he added.
Both of the new RST units were purchased and equipped jointly by the Prosecutor and Sheriff using criminal forfeiture funds and at no expense to taxpayers, and will be staffed on a rotating schedule by RST members.
Glen Rock NJ, An SUV driver was transported by Glen Rock EMS to The Valley Hospital after sustaining non life threatening injuries in a crash involving a NJ Transit train on Rock Road in Glen Rock early Sunday evening, 11/05. The driver of an SUV hit a commuter train .
Glen Rock Police, Fire and NJ Transit Police responded to the incident. The vehicle was removed by a flat bed tow truck. NJ Transit Police is handling the investigation. The incident occurred at NJ Transit’s Bergen Line grade crossing.
Glen Rock NJ, the campaign seemed to finally heat up this weekend with America’s Mayor Rudy Giuliani endorsing the GOP District 39 ticket, Senator Cardinale, Assemblyman Auth and Holly Schepisi and helping us raise additional money last night.
District 39 – (Bergen and Passaic) Bloomingdale, Closter, Demarest, Dumont, Emerson, Harrington Park, Haworth, Hillsdale, Mahwah, Montvale, Norwood, Oakland, Old Tappan, Park Ridge, Ramsey, Ringwood, River Vale, Saddle River, Upper Saddle River, Wanaque, Washington (Bergen), Westwood, Woodcliff Lake.
Giuliani also endorsed and campaigned with Kelly Greco Langschultz for NJ Senate. Kelly Landschultz of New Milford is the Republican candidate for Senate, with William Leonard of Glen Rock and Christopher B. Wolf of Saddle Brook the GOP Assembly candidates
District 38 – (Bergen and Passaic) Bergenfield, Fair Lawn, Glen Rock, Hasbrouck Heights, Hawthorne, Lodi, Maywood, New Milford, Oradell, Paramus, River Edge, Rochelle Park, Saddle Brook .
Washington Twp NJ, No injuries were reported by the occupants of a Volkswagen Jetta that wound up in an open manhole near 1115 Linwood Avenue, Washington Township on Thursday afternoon, 11/02. Linwood Ave had recently been repaved.The manhole cover had flipped off after being run over by a beverage delivery truck. The Jetta sustained only minor cosmetic damage in the incident. It was freed from its predicament by a flatbed tow truck. Washington Township Police and Paramus Police units responded. The manhole cover was replaced by several patrol officers.
River Vale, NJ , Assemblywomen Holly Schepisi has had enough ,on Facebook she says , “Sometimes you have to fight back. When you have no platform, positions or plans, you lie about pretty much everything. This isn’t “politics” as usual. It’s intentionally and maliciously defaming someone in an effort to destroy a person’s reputation.”
Schepisi Attorney Gibbons PC Director Thomas J. Cafferty fired off a letter on behalf of the incumbent Republican Assemblywoman to the Committee to Elect Linda Schwager, Jannie Chung and Annie Hausmann.
Cafferty stated in the letter that the Democrats have published, or have caused to be published, various political advertisements containing false and defamatory statements about Schepisi, including: (1) an advertisement dated October 13, 2017, which contains fictitious quotes regarding the Sandy Hook shooting that are falsely attributed to his client; and (2) an advertisement dated October 27, 2017, which depicts images of men with machine guns and includes the statement “Auth and Schepisi have headlined events hosted by the head of a domestic terrorist militia.”
“On behalf of Ms. Schepisi, I hereby demand that you and any and all of your employees, representatives and/or agents, immediately cease and desist the publication of the above-referenced advertisements and any and all other false and defamatory statements about Ms. Schepisi,” Cafferty wrote. “I also insist that you retract the above-referenced advertisements and any and all other false and defamatory statements that you have published about Ms. Schepisi in at least as prominent a location and in the same manner as the original advertisements were published, with a copy to me.”
The attorney also warned about the sanctioning of an unprivileged, false and a defamatory statement concerning his plaintiff, communicated to a third party with the requisite level of fault and which causes damage. See Govito v. W. Jersey Health System, Inc., 332 N.J. Super. 293, 305-06 (App. Div. 2000).
“he level of fault when the statement concerns a public official or public figure, like Ms. Schepisi, is actual malice, which is the knowledge of falsity or reckless disregard for the truth,” Cafferty said. “Durando v. Nutley Sun, 209 N.J. 235, 249 (2012). In other words, the actual malice standard is satisfied when the publisher of the statement entertained serious doubts as to the truth of that statement. St. Amant v. Thompson, 390 U.S. 727, 731 (1968).”
The attorney noted that Schepisi advised the Democrats on multiple occasions that the statements contained in their advertisements are false.
“You have, however, ignored Ms. Schepisi. Consequently, you have published these advertisements with reckless disregard for the truth of the statements contained therein and with the requisite knowledge of falsity,” Cafferty wrote. “If you do not cease publication of any and all false and defamatory statements about Ms. Schepisi, I will have no choice but to advise my client of all legal remedies available to her including, without limitation, instituting a lawsuit against you.”
District 39 is Bergen and Passaic counties; Bloomingdale, Closter, Demarest, Dumont, Emerson, Harrington Park, Haworth, Hillsdale, Mahwah, Montvale, Norwood, Oakland, Old Tappan, Park Ridge, Ramsey, Ringwood, River Vale, Saddle River, Upper Saddle River, Wanaque, Washington (Bergen), Westwood, Woodcliff Lake .
New Milford NJ, we are sorry to report that Darren Drake, a New Milford native and former school board president, was among those killed in Tuesday’s terror attack in Lower Manhattan. Drake, 33, was a project manager at Moody’s Investors Service at Seven World Trade Center.
Assemblymen Bob Auth District 39 issued the following statement , “I am deeply saddened by the attack of our fellow neighbors in New York City yesterday afternoon. My prayers, and the prayers of my family, go out to the victims and their families. I am especially saddened to hear that New Milford council candidate, Darren Drake, was among those who succumbed to his injuries. He had been elected to the New Milford school board and eventually became president of body. He will be missed by many. ”
Assemblywomen Holly Schepisi District 39 said , “I just heard that one of those killed in yesterday’s terrorist attack was a Bergen County resident. I am someone who is a realist on immigration issues. I believe in a pathway to citizenship for people who have built their lives in the US while working, paying taxes and providing for their children. However, if we turn NJ into a Sanctuary State, game over. We are literally advertising to every single person who comes into the US illegally, to every person who has a nefari…ous purpose for being here, that we as a State will not only welcome them but we will provide them with driver’s licenses and benefits, we will refuse to cooperate with Homeland Security and ICE and we will HARBOR TERRORISTS. As a legislator representing Bergen and Passaic counties, counties that the terrorist directly impacted and lived in, I say NO. If you care about the future of this State you must vote against us being a Sanctuary State and you must vote for representatives who pledge to fight against it. Make you voices heard on November 7th.”
Trenton NJ, Attorney General Christopher S. Porrino announced today that the State has filed a five-count lawsuit against Purdue Pharma L.P. alleging a “direct” link between New Jersey’s opioid crisis and a push by Purdue to boost profits by deceptively marketing addictive medications and exploiting vulnerable new markets, such as the elderly and the “opioid-naïve.” The lawsuit charges Purdue with widespread deception about the risks and benefits of these dangerously addictive pain medications.
“When we point the finger of blame for the deadly epidemic that has killed thousands in New Jersey, Purdue is in the bullseye of the target,” said Attorney General Porrino. “Today, my office took the first step toward holding them legally and financially responsible for their deception.”
Filed today in Superior Court in Essex County, the State’s 100-page complaint charges that Purdue manipulated the public and even the medical community to embrace the view that pain was undertreated and that opioids should be the first-line solution for patients suffering from chronic conditions such as moderate back pain, migraine headaches and arthritis. The complaint alleges that Purdue aggressively marketed its blockbuster opioid drugs – particularly OxyContin – as safe, effective, long-term treatments for chronic pain. It also alleges Purdue failed to disclose that it had no studies to support the efficacy or safety of opioid medications for treatment periods longer than 12 weeks.
“In a campaign of almost inconceivable callousness and irresponsibility, we allege that Purdue has spent hundreds of millions of marketing dollars to downplay the addiction risk associated with taking opioids for chronic pain, all the while exaggerating the benefits of using these dangerous drugs,” Porrino said. “We allege that this fraudulent conduct has not only given false hope to many pain patients, it has led to addiction, overdose, and death. It also has cost the State hundreds of millions on opioid prescriptions and the broader health and social effects of overprescribing. Many of these prescriptions never should have been written.”
The State’s investigation yielded evidence that each Purdue sales representative in New Jersey was required to visit 7-8 doctors per day, 5 days a week, to promote these opioids. The highest volume prescribers were given the title of “Super Core Prescribers,” and received special attention from Purdue. Sales representatives were compensated based on reaching their “Rx quota” for each drug. For OxyContin alone, the quotas were in the range of 500-700 prescriptions per month for each sales representative – amounting to quotas of 6,000-8,400 prescriptions per year for each sales representative. Attorney General Porrino noted, “The sheer number of marketing visits made by Purdue sales representatives to New Jersey prescribers is staggering – and based on the number of prescriptions, the scheme clearly was a smashing success for the company.”
Purdue makes and sells a variety of opioid pain medications including Dilaudid, Dilaudid HP, Butrans and Hysingla ER. However, the company’s most popular opioid pain medication by far is OxyContin. Since the market debut of OxyContin in 1996, Purdue has generated overall sales estimated at more than $35 billion. The company’s current annual revenues are estimated at approximately $3 billion, mostly from the sale of OxyContin.
According to the complaint, the State’s largest Medicaid managed care organization has paid $109 million for opioids through the Medicaid program since 2008, the State paid another $6 million under its Workers’ Compensation Program since 2008, and approximately $136 million under its State Employee and Retiree Health Plan since 2012. Meanwhile, New Jersey consumers – including individuals, employers and private insurers – easily have paid hundreds of millions for opioid prescriptions. In addition to these costs, the State and private consumers have paid millions of dollars to treat addiction, overdose and other injuries associated with opioid overprescribing and misuse.
The State’s complaint seeks monetary damages for false claims, maximum statutory penalties under the Consumer Fraud Act and the False Claims Act, disgorgement of ill-gotten gains and other relief as contribution for the expensive solutions — including addiction treatment and prescriber education — which are necessary to abate the crisis in New Jersey.
“Prescribing opioids for routine chronic pain is dangerous and, in many cases, inappropriate,” said Attorney General Porrino. “However, in New Jersey and across the nation it became mainstream medical practice and the treatment of first resort. How did that happen? It happened because certain companies within the pharmaceutical industry saw a chance to grow their profits by peddling extraordinarily potent, highly-addictive opioid drugs for routine pain. We allege that Purdue Pharma was chief among these opportunistic and predatory companies.”
According to the State’s complaint, Purdue’s campaign to change the health care landscape with regard to opioids began in the late 1990s. Prior to that, the lawsuit notes, opioids were used on a much more limited basis – to treat acute trauma-related pain, post-surgical pain or for palliative care – because the drugs were considered too addictive and debilitating for long-term use. Faced with a medical and popular understanding of opioids that constrained its market, the complaint alleges that Purdue aggressively set out to change the image of opioids by encouraging prescribers to believe the drugs would permanently reduce pain in chronic pain patients and improve their function, with little or no addiction risk.
The complaint alleges that part of Purdue’s push to mainstream opioids was aided by Dr. Russell Portenoy, a pain management specialist who received “substantial” funding from Purdue to conduct research, and was paid to serve as a Purdue consultant. In the late 1990s, the State’s complaint notes that Portenoy led a successful campaign in the national medical community to make pain “the fifth vital sign” — to be checked in every health care encounter – putting it on par with measuring blood pressure, heart rate, body temperature and breathing. Purdue’s early marketing of OxyContin lead to criminal fraud charges against the company and its executives, charges that Purdue paid more than $600 million to settle with the U.S. Department of Justice in 2007. But Purdue built upon those foundational deceptions, and continued deceptive and unconscionable marketing from 2007 through the present.
Among other actions in the 2007-2017 timeframe, the complaint charges that Purdue:
Blanketed the State with sales representatives trained to emphasize the benefits of opioids, minimize their risks, deflect questions about addiction risks, and encourage doctors to consult unbranded websites and materials that did the same.
Funded and created “unbranded” educational materials and websites that never identified Purdue or its products by name because they were deceptively designed to look like the work of unaffiliated patient advocacy groups. These unbranded materials magnified and supported Purdue’s deceptive marketing scheme.
Promoted the unsubstantiated concept of “pseudoaddiction” to assure doctors that patients showing signs of addiction were actually suffering from undertreated pain and needed more medication.
Promoted its 2010 “abuse-deterrent” reformulation of OxyContin by distributing and recommending materials that misleadingly described the signs of abuse as the stigmata of injecting or snorting opioids—skin popping, track marks, and perforated nasal septa – when, in fact, oral use (swallowing a pill) is the most common method of abuse and was not minimized by the 2010 “abuse-deterrent” reformulation.
Refused to acknowledge that OxyContin ER does not provide 12 hours of constant pain relief, despite widely reported end-of-dose failure. Instead, Purdue recommended that doctors prescribe patients with end-of-dose supplemental opioids for short-term relief and higher doses of OxyContin ER, putting patients in a perpetual cycle of craving their medication and at greater risk for addiction.
Ignored a growing body of research showing that long-term use of opioids was neither safe nor effective.
The company also trained its sales representatives to persuade doctors to prescribe OxyContin and Purdue’s other opioids for the elderly and for “opioid naïve” patients (patients who had not previously taken opioids). The complaint alleges that “Purdue’s decisions to target the elderly and opioid-naïve patients reflect, yet again, a business strategy that placed little, if any, value on the well-being and safety of consumers. Elderly patients taking opioids are at greater risk for fracture and hospitalization, and they have increased vulnerability to adverse drug effects such as respiratory depression.”
A Purdue sales representative interviewed by the State recalled intense pressure from Purdue to persuade doctors to convert patients from over-the-counter medications – such as Advil or Tylenol – to a “low dose” of OxyContin. Purdue knew, however, that chronic pain patients don’t stay on a “low dose” of OxyContin – as their bodies develop a tolerance to the drug, the dosage will likely be increased. In fact, Purdue’s marketing scheme included a focus on “titrating up” – the technical word for increasing a patient’s opioid dosage.
“This conduct was incredibly exploitative and put people in danger. As we allege in our complaint, Purdue targeted New Jersey seniors and the opioid-naïve for a reason – they were a growth sector,” Attorney General Porrino said.
Porrino noted that, according to the State’s complaint, “one in three” enrollees in Medicare Part D (the prescription benefit) received at least one opioid prescription in 2016.
The State’s lawsuit notes that recent findings by both the federal Food and Drug Administration (FDA) and the national Centers for Disease Control (CDC) directly debunk Purdue’s claims about the efficacy and limited risks associated with opioids.
The CDC has confirmed there are no controlled studies about the use of opioids beyond 12 weeks, and the federal Agency for Healthcare Research and Quality has made plain “there is no evidence that opioids improve patients’ pain and function long-term.”
The State’s lawsuit contends that such information clearly contradicts Purdue’s claim that long-term use of opioids improves function and quality of life. The lawsuit also asserts that, according to some research, opioids actually are ineffective at treating chronic pain, and can worsen a patient’s health not only by putting the patient at risk for addiction and overdose, but also by increasing the likelihood of other debilitating conditions, such as substance abuse, depression, and anxiety.
