San Diego Business Journal

Zogenix Files Lawsuit to Block Mass. Governor’s Ban of Painkiller

By SDBJ Staff Monday, April 7, 2014

Zogenix Inc. filed a lawsuit in the U.S. District Court in Massachusetts, the company said, seeking a temporary restraining order barring actions announced by Gov. Deval Patrick — namely, a prohibition against prescribing and dispensing Zohydro ER, Zogenix’s painkiller that was approved last year by the Food and Drug Administration.

The San Diego-based company’s lawsuit claims the Massachusetts governor’s action conflicts with the FDA’s authority and regulatory powers.

Zogenix said it took the action after its written request to Patrick for a meeting to discuss the drug went unanswered.

In earlier reports, Patrick called Zohydro — the only U.S.-approved drug that consists of pure hydrocodone — “a potentially lethal narcotic painkiller.” He said the drug would be banned until safeguards are implemented, such as making the drug in a tamper-proof form.

Since its approval, Zohydro has been the center of controversy over what critics say is its high potential for abuse.