KAIT-Jonesboro, AR-News, weather, sports, classifieds-Special Report: Meth Related Lawsuit Filed Against Pharmaceutical Companies
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August 1, 2007 - Posted at 10:22 p.m. CDT
BATESVILLE, AR-Welcome to Batesville, Arkansas' second oldest city and soon to be the first to ever tackle the meth problem at what could be it's root.
"We feel that the pharmaceutical companies were putting more product on the market, than what the market called for."
So inside the Independence County Courthouse, Judge Bill Hicks worked with a group of attorneys and county leaders to come up with a plan of action.
"I said, what can I do? What can I do to help this problem? That's where it started," said Hicks.
Now Independence County is leading the way in a monumental lawsuit against dozens of pharmaceutical companies and their subsidiaries.
Batesville attorney John Belew says after months of research the numbers began to add up quickly.
"We were discussing the fact that the sale of those products had to be enormous, in terms of the revenues that were being generated by the pharmaceutical companies, and that there should be some correlation between that which should be rather obvious," said Belew.
Attorneys allege one company showed revenues drop from 180-million a year to 30-million a year, when drugs containing ephedrines were put behind the counter.
"We didn't just wake up overnight and say, let's go after the big money. Let's go after the big people. We saw a problem and we are trying to fix it," said Hicks.
After the initial suit was filed in Batesville, attorneys realized what they were up against, therefore they teamed up with a much larger law firm in Little Rock.
Attorney Paul Byrd of Hare, Wynn, Newell and Bewton is no stranger to high profile cases.
His work includes the national "Cooper Tires" settlement.
"Whenever you go after a multi-billion dollar corporation, you have a hard task ahead of you. That's why we have put together the team that we have. We've had experience going after multi-billion dollar corporations before. It's always hard. It's not easy," said Byrd.
Byrd says he has evidence that will show the drugs clearly contributed to part of the meth epedemic.
"If they couldn't have gotten the cold medicine, they couldn't have produced the meth. It's just that simple," said Byrd.
So simple to see, that now 22 counties across the State of Arkansas have joined in on the suit, with dozens more expected to take part.
"As this evolves, we are hopeful that all of the political subdivisions in the state will take advantage of what we are trying to do," said Belew.
For those like Judge Hicks, who says his county has been spending over a million dollars a year in methamphetamine cases, it's hard to think there's not interest in the case across county lines.
"What more could we have done with a million dollars a year for our county? Would that have meant a half dozen more police officers? Would that have meant a better solid waste program? Who knows, what could your county have done with an extra million dollars," asked Hicks.
He says this is what makes the suit worth its while.
"We may not cure the epidemic, and we may not cure the problem, but we are not ignoring it. I think that would be the wrong thing to do," said Hicks.
Byrd says he wants to help counties who have been stripped of millions of dollars.
"What is always my hope whenever I go into litigation is that there is a change, a change for the better. It can't stay the same," said Byrd.
He says he applauds Judge Hicks for his efforts.
"I think a credit to his profession to see what had happened to the people in his community and want to do something about it," said Byrd.
"Win, lose, whatever. We are trying. If you don't try, you can't do anything," said Hicks.
In Region 8 alone, 9 counties have joined in on the suit.
The case has currently been removed to a federal court by request of the defendants, however, prosecutors feel like it will be back in state court very soon.
Ephedrine and pseudophedrine has always been imported from outside the United States.
In the mid 90's, former D.E.A Gene Haislip worked with Congress to ban the products from the U.S.
The only exception to the rule, was the use of the ingredients in cold medications.
Current Counties included in suit: Ashley, Benton, Chicot, Cleburne, Conway, Cross, Faulkner, Fulton, Garland, Independence, Izard, Jackson, Lawrence, Monroe, Nevada, Poinsett, Pulaski, Sevier, Sharp, Stone, Union, and Woodruff.
I will continue to follow the suit as it goes through litigation and bring the latest details here on our website or on our evening news.
If you have comments, question, or ideas you can contact me at wcarter@kait8.com.
