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Journal of Pain & Palliative Care Pharmacotherapy Volume 24, 2010 - Issue 4
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ARTICLES

Legal Liability Perspectives on Abuse-Deterrent Opioids in the Treatment of Chronic Pain

David B. Brushwood David B. Brushwood, RPh, JD, is Professor of Pharmaceutical Outcomes and Policy at the College of Pharmacy, University of Florida, Gainesville, Florida, USA; Ben A. Rich, JD, PhD, is Professor and Alumni Association Endowed Chair of Bioethics, University of California Davis School of Medicine, Sacramento, California, USA; John J. Coleman, PhD, is President of Prescription Drug Research Center, Fairfax, Virginia, USA; Jennifer Bolen, Esq, is the Founder of The Legal Side of Pain, Lenoir City, Tennessee, USA; Winston Wong, PharmD is Associate Vice President, Pharmacy Management at CareFirst BlueShield, Baltimore, Maryland, USA.
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Ben A. Rich David B. Brushwood, RPh, JD, is Professor of Pharmaceutical Outcomes and Policy at the College of Pharmacy, University of Florida, Gainesville, Florida, USA; Ben A. Rich, JD, PhD, is Professor and Alumni Association Endowed Chair of Bioethics, University of California Davis School of Medicine, Sacramento, California, USA; John J. Coleman, PhD, is President of Prescription Drug Research Center, Fairfax, Virginia, USA; Jennifer Bolen, Esq, is the Founder of The Legal Side of Pain, Lenoir City, Tennessee, USA; Winston Wong, PharmD is Associate Vice President, Pharmacy Management at CareFirst BlueShield, Baltimore, Maryland, USA.
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John J. Coleman David B. Brushwood, RPh, JD, is Professor of Pharmaceutical Outcomes and Policy at the College of Pharmacy, University of Florida, Gainesville, Florida, USA; Ben A. Rich, JD, PhD, is Professor and Alumni Association Endowed Chair of Bioethics, University of California Davis School of Medicine, Sacramento, California, USA; John J. Coleman, PhD, is President of Prescription Drug Research Center, Fairfax, Virginia, USA; Jennifer Bolen, Esq, is the Founder of The Legal Side of Pain, Lenoir City, Tennessee, USA; Winston Wong, PharmD is Associate Vice President, Pharmacy Management at CareFirst BlueShield, Baltimore, Maryland, USA.
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Jennifer Bolen David B. Brushwood, RPh, JD, is Professor of Pharmaceutical Outcomes and Policy at the College of Pharmacy, University of Florida, Gainesville, Florida, USA; Ben A. Rich, JD, PhD, is Professor and Alumni Association Endowed Chair of Bioethics, University of California Davis School of Medicine, Sacramento, California, USA; John J. Coleman, PhD, is President of Prescription Drug Research Center, Fairfax, Virginia, USA; Jennifer Bolen, Esq, is the Founder of The Legal Side of Pain, Lenoir City, Tennessee, USA; Winston Wong, PharmD is Associate Vice President, Pharmacy Management at CareFirst BlueShield, Baltimore, Maryland, USA.
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Winston Wong David B. Brushwood, RPh, JD, is Professor of Pharmaceutical Outcomes and Policy at the College of Pharmacy, University of Florida, Gainesville, Florida, USA; Ben A. Rich, JD, PhD, is Professor and Alumni Association Endowed Chair of Bioethics, University of California Davis School of Medicine, Sacramento, California, USA; John J. Coleman, PhD, is President of Prescription Drug Research Center, Fairfax, Virginia, USA; Jennifer Bolen, Esq, is the Founder of The Legal Side of Pain, Lenoir City, Tennessee, USA; Winston Wong, PharmD is Associate Vice President, Pharmacy Management at CareFirst BlueShield, Baltimore, Maryland, USA.
Pages 333-348 | Received 20 Sep 2010, Accepted 22 Sep 2010, Published online: 06 Dec 2010
 
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ABSTRACT

Abuse-deterrent opioid analgesic formulations can help reduce the risk of opioid diversion and abuse. Not all opioid analgesics are available as both extended- and immediate-release dosage forms in abuse-deterrent formulations. Clinicians may have to balance the clinical benefit of a product that does not use abuse-deterrent technology versus the regulatory benefit of using a product with this technology. There is the possibility that a health care professional may be held legally liable when a product without abuse-deterrent qualities is used and a person suffers harm that would not have occurred had an abuse-deterrent formulation been provided. This article reviews legal precedents that inform an understanding of the need to reduce malpractice exposure by identifying patients who are at high risk of opioid diversion and/or abuse and considering the use of an abuse-deterrent formulation for these patients.

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