Bradley Partner Jason Mehta Quoted in Bloomberg Law on the Use of Civil Injunctions in the Opioid Battle

Bradley attorney Jason Mehta was quoted in Bloomberg Law on an Ohio doctor facing a civil lawsuit over opioid sales that was banned from practicing medicine. A judge from the U.S. District Court for the Northern District of Ohio approved a permanent injunction that barred the doctor from practicing or prescribing more opioids. Injunctions are a new tool that the government is using in pursuing litigation for illegally prescribing opioids.

“Injunctions were a relatively underutilized tool the government chose not to pursue and consider in most health-care matters. I think this potential issue in Ohio portends a different practice with respect to outlying opioid providers,” said Mehta, a former Justice Department attorney who worked in both the civil and criminal divisions.

This is the first time the Justice Department has used civil injunctions to stop the spread of opioids. Attorney General Jeff Sessions called it a warning that the “Justice Department will use civil and criminal penalties alike.”

“This is just another arrow in the government’s quiver, and the ability to actually enjoin a physician from practicing medicine in a certain way is a very powerful tool,” Mehta explained. He said the injunction is a stop-gap measure that the government can use to stop suspect practices while it investigates, noting that civil judgments or criminal resolutions can take a long time. 

The complete article, “Osteopath Facing Suit Over Opoids Gives Up Medical License,” appeared in Bloomberg Law on October 26, 2018.