New Brunswick seeks to sue over opioid-related health-care costs
New legislation will enable province to join B.C.-led class action against companies, or launch its own suit
The New Brunswick government has passed a bill that will allow it to join a class-action lawsuit, led by British Columbia against opioid manufacturers and distributors, to recover health-care costs related to the opioid crisis.
The Opioid Damages and Health Care Costs Recovery Act, which received royal assent on Friday, also enables the province to launch its own action, said Health Minister Bruce Fitch.
Until now, New Brunswick was the only province other than Quebec without such legislation, which provides a legal framework to seek damages from pharmaceutical companies, said Fitch, who tabled the bill in May.
The Department of Health was unable to respond Tuesday to a request for the estimated health-care costs involved, such as hospital services and addiction treatment.
But Fitch described the misuse of these powerful prescription pain-relieving drugs as a growing public health concern.
'Personal and financial toll'
Opioids, such as such as fentanyl, have "taken a personal and financial toll on many New Brunswickers," he told the legislature.
Fentanyl, which is 20 to 40 times more potent than heroin and 100 times more potent than morphine, according to Health Canada, is increasingly being mixed with other street drugs, increasing the risks of accidental overdoses and deaths, according to government House leader Glen Savoie.
New Brunswick recorded 46 "apparent opioid-related deaths" last year, he said. That's about 5.1 deaths per 100,000 people.
In 2018, the B.C. government filed a class action on behalf of provincial and territorial governments against more than 40 companies involved in the manufacture, distribution and wholesale of opioids to reclaim costs associated with the toll of opioid addiction.
In 2022, it announced a $150-million settlement with one of the named defendants, Purdue Pharma Canada, on behalf of governments across Canada.
The application to certify the class-action in B.C. Supreme Court is scheduled for November, said Savoie.
"Without legislation, New Brunswick risks being excluded from this class action against the remaining defendants," he said.
Liberals support holding 'big pharma' accountable
The Liberals support this important legislation, said Moncton Centre MLA Rob McKee, citing the "heartbreaking" damage of opioid addiction.
"We've had so many lives that have been destroyed and so many families torn apart as a result," he said.
The human cost is tragic and the financial costs are significant, said McKee.
"By initiating legal action, provinces can hold these companies accountable for their role in the crisis and seek compensation for the cost incurred in addressing the health and social impacts."
Legal action can also serve as a warning to other companies that they "can't be absolved from liability for the harm these drugs have done," McKee said.
More prevention, treatment needed: Green Party critic
Green Party health critic Megan Mitton also spoke in favour of the legislation, pointing to the "countless lives lost."
In addition to recovering health care-related costs, she stressed the need to focus on how the money will be spent.
"What we're talking about is a medical issue, where people become addicted to very highly addictive substances, and we need to ensure that these people are not criminalized," said Mitton.
She called for more prevention programs, treatment programs and other community supports.
Right now, she said, detox and rehab are hard to get in and people end up falling through the cracks.
Mitton also called for more tools to intervene when someone is having an overdose and to try to prevent overdoses. This includes making naloxone kits more widely available and additional safe consumption sites, she said.
"We have one in the province. That is clearly not enough."