Opinion: Confidentiality orders in drug, device lawsuits harm patients and the public

In 2001, West Virginia became the first state to sue Purdue Pharma, the maker of OxyContin (oxycodone ER). As part of the confidential exchange of documents during the litigation, Purdue disclosed something extraordinary: the company knew that OxyContin did not provide 12 hours of pain relief.

This disclosure was notable for two reasons: It contradicted the drug’s FDA-approved label, and Purdue had heavily promoted this supposed attribute of OxyContin to establish its competitive advantage over other pain relievers.

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