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McCAULEY v. PURDUE PHARMA L.P.

Nos. 2:01 CV 00080, 2:02 CV 00054.

331 F.Supp.2d 449 (2004)

A.F. MCCAULEY, Plaintiff, v. PURDUE PHARMA L.P., et al., Defendants. Charles C. Brummett, et al., Plaintiffs, v. Purdue Pharma, L.P., et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

August 18, 2004.

Attorney(s) appearing for the Case

Neil L. Henrichsen, Henrichsen Siegel, P.L.L.C., Washington, DC, Douglas J. McNamara, Cohen Milstein Hausfeld & Toll, P.L.L.C., Washington, DC, and Emmitt F. Yeary, Yeary & Associates, P.C., Abingdon, VA, for Plaintiff.

William W. Eskridge, Wade W. Massie, and Mark E. Frye, Penn, Stuart & Eskridge, Abingdon, VA, and Chilton D. Varner, King & Spalding, Atlanta, GA, for Defendants.

OPINION

JONES, Chief Judge.

In this products liability action, governed by Virginia law, the plaintiffs seek to recover damages for harms allegedly caused by their use of OxyContin, a prescription pain medication. Before me are the defendants' motions for summary judgment, which I resolve in their favor.

I

These cases arise out of the misuse of prescription drugs that has ravaged many rural communities, particularly in the Appalachian South...

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