Ventura County will study suing drug companies over opioids

Officials will study whether Ventura County government should sue drug companies that produce or distribute opioid medications under a new directive.

OxyContin is one type of opioid drug.

Voting 4-0 Tuesday, the Ventura County Board of Supervisors directed CEO Mike Powers and legal counsel to explore filing or joining a lawsuit against the pharmaceutical firms. The officials will report their recommendations to the board, which would make the final decision.

If litigation succeeded, it's possible the county could recover law enforcement and treatment costs borne by taxpayers. Nor would that be a precedent. The county has received millions of dollars annually from a 1998 multi-state settlement with tobacco companies.

In the same vote Tuesday, supervisors supported the repeal of a federal law linked to large deliveries of the drugs. The law has made it virtually impossible for the federal Drug Enforcement Administration to freeze suspicious shipments from large pharmaceutical companies, according to the "60 Minutes" news program and the Washington Post.

Supervisors ordered managers to convey the county's position to lobbyists and elected representatives. The supervisors represent unincorporated areas of the county.

Supervisor Steve Bennett, who proposed the actions, said there are legitimate uses for the drugs but the companies should be held accountable for abuses.

The county Medical Examiner's Office has tied 62 accidental deaths and suicides to overdoses of opioids during the first nine months of the year. That's four fewer than the 66 reported by county behavioral health officials for 2016, when opioid-linked deaths fell by 23 percent from 2015.

The board also heard from Patrick Zarate, an administrator in a county agency that provides drug treatment.  Zarate said he understands local governments have pursued litigation against opioid makers but that the legal costs are significant.  Private law firms may take the cases on a contingency basis, he said. 

Supervisors directed Zarate to report back to them on the extent of the opioid problem in the county and what's being done.

Bennett and Supervisors John Zaragoza, Kelly Long and Linda Parks voted for the action. Supervisor Peter Foy was absent.