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Drugmaker Zogenix sues Massachusetts over Zohydro ER sales ban

Drugmaker Zogenix sues Massachusetts over Zohydro ER sales ban

The manufacturer of Zohydro ER has sued Massachusetts Gov. Deval Patrick for imposing a ban on prescriptions and sales of the drug in the state.

In a complaint filed April 7 in U.S. District Court in Boston, San Diego-based Zogenix Inc., argues the ban is unconstitutional.

The governor's “actions will cause real and irreparable harm for patients in Massachusetts with chronic pain,” according to the complaint. “Zohydro ER addresses a specific set of patient needs. It fills a noticeable and important gap for chronic pain patients — an acetaminophen-free, extended-release product suitable for round-the-clock pain treatment.”

Gov. Patrick declared a public health emergency in Massachusetts last month related to opioid painkiller abuse. In a statement, he said prescribing and dispensing of Zohydro ER would be banned in the state until “adequate measures are in place to safeguard against the potential for diversion, overdose and misuse” of Zohydro ER.

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