Zogenix Suing State Of Massachusetts For Painkiller Ban

Zogenix, which manufacturers the painkiller Zohydro ER, is filing a complaint in the U.S. District Court against the state of Massachusetts for banning its opioid medication, Zohydro. Zogenix is also calling for the judge to stop the state governor Deval Patrick from prohibiting doctors from prescribing Zohydro. According to the company, the governor’s ban is “unconstitutional” and will cause irreparable damage to the company’s name and patient care. Zoegenix also argues that this ban would undermine the FDA’s ruling that the drug is “safe and effective” and shift the power to determine drug formulations and safety from the FDA to the Governor and Department of Public Health.  

The company is also concerned about the fact that there was no communication between the governor and itself before Patrick made his ruling. Zogenix officials claim that the Patrick administration has ignored multiple requests to talk about coming to a resolution. According to Governor Patrick, “Zohydro is a dangerously addictive pharmaceutical painkiller approved by the FDA recently. [It] is a potentially lethal narcotic painkiller, depending on whether or not it’s ingested quickly [or] swallowed right away.”

However, Dr. Brad Galer, Zogenix's CEO, says that the company’s product is being unfairly targeted by the Patrick Administration. “Every opioid medication is addictive. We are not alone. We should not be singled out,” said Galer. “Our goal is for the governor to remove the ban and to be treated like every other opioid medication on the market. Medical decisions should not be made by politicians. We just want to be part of the solution. We think this is a safe medication.” Zogenix also says that the decision to ban the drug was grounded on factual inaccuracies.  

Governor Patrick has stated that opioid addiction has reached epidemic status in his state. He's called opioid addiction a public health crisis, but critics state that his ban of the Zohydro ER drug is in direct conflict with the FDA's approval of the drug last October. The State Department of Public Health has said that they are aware of the situation. “We have received the complaint and are reviewing it closely,” said department spokesman David Kibbe. “In response to the public health emergency of opioid addiction facing Massachusetts, Patrick took several actions, including the banning of Zohydro, a pure hydrocodone opioid medication, to stop the epidemic from getting worse.”