Abstract
On May 10, 2007, three executives of the pharmaceutical company Purdue Pharma pled guilty in federal court to misleading doctors and patients about the risk of addiction and potential for abuse of OxyContin. Additionally, Purdue Pharma paid over $600 million in fines and other payments to the United States government and the Commonwealth of Virginia. The drug OxyContin was first introduced to the market in December of 1995. Warning signs of the drug’s potential for abuse were almost immediate, and there were reports of copious amounts of the drug being diverted into the black market for recreational use. In some cases, criminologists have argued that if the government fails to protect its citizens from the harm of a corporation then such behavior should be considered state-corporate crime. We critically evaluate the case of OxyContin to see if it falls under the state-corporate crime paradigm. Further, we argue the state-corporate crime paradigm can benefit from an increased focus on the organizational structures of regulation agencies.
Similar content being viewed by others
Notes
This is evident in the Savings and Loan Industry (Calavita and Pontell 1990).
Measured by highest grossing profits.
For a different and more comprehensive account of the Challenger explosion see Vaughan (1990) and Vaughan (1996). She does not use the word “crime” in her analysis of the events leading up to the Challenger disaster. See also Perrow (1999). He argues that as we embrace technologies that are more complex, accidents will occur, a phrase he refers to as “normal accidents.”
Libby (2008) argues that wrongdoing surrounding many pain clinics were overly sensationalized by the media and the product of overambitious prosecutors and Drug Enforcement Administration (DEA) agents persecuting respectable physicians for not being able to determine if patients were doctor-shopping or legitimate pain cases. He further argues that the main push to crack down on prescription drugs was a way to distract the country from the failing war on illegal drugs. Jung and Reidenberg (2007) and Reidenberg and Willis (2007) have drawn similar conclusions.
Considering the clinic specialized in pain management this should not have been a surprise though.
OxyContin is the only prescription drug inquired about by brand name. Lifetime use of OxyContin in 2008 was 4,842 as compared to: pain relievers (34,861), tranquilizers (21,476), methamphetamine (12,598), marijuana (102,404), cocaine (36,773), LSD (23,547), and PCP (6,631) (SAMHSA 2009).
Several other states received varying amounts from the settlement as well.
References
Aulette, J., & Michalowski, R. J. (1993). Fire in Hamlet: A case study of state-corporate crime. In K. D. Tunnel (Ed.), Political crime in contemporary America: A critical approach (pp. 171–206). New York: Garland Publishing.
Baumrucker, S. J. (2001). OxyContin, the media, and law enforcement. American Journal of Hospice and Palliative Care, 18(3), 154–156.
Braithwaite, J. (1993). Transnational regulation of the pharmaceutical industry. Annals of the American Academy of Political and Social Sciences, 525, 12–30.
Brownlee, J. (2007). Testimony before the United States Senate Judiciary Committee, 31st July 2007.
Calavita, K., & Pontell, H. N. (1990). “Heads I win tails you lose”: Deregulation, crime, and crisis in the savings and loan industry. Crime and Delinquency, 36, 309–341.
Campbell, J. (2007). Testimony before the United States Senate Judiciary Committee, 31st July 2007.
Chambliss, W. J. (1989). State-organized crime. Criminology, 27, 183–208.
Cicero, T. J., Inciardi, J. A., & Munoz, A. (2005). Trends in abuse of OxyContin and other opioid analgesics in the United States: 2002–2004. The Journal of Pain, 6, 662–672.
Clinard, M. B., & Yeager, P. C. (1980). Clarifying the concept and extending the data (pp. 110–122). UK: Corporate Crime.
Courtwright, D. (2001). Forces of habit: Drugs and the making of the modern world. Cambridge, MS: Harvard University Press.
Cruciotti, T., & Matthews, R. A. (2006). The Exxon Valdez oil spill. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime: Wrongdoing at the intersection of business and government (pp. 149–171). New Brunswick, NJ: Rutgers University Press.
Faust, K. L., & Kauzlarich, D. (2008). Hurricane Katrina as a state crime of omission. Critical Criminology, 16, 85–103.
Hammack, L. (2007, May 11). $630 million fine for drugmaker: Executives who make OxyContin admitted they hid the drug’s dangers. The Roanoke Times.
Harper, A., & Israel, M. (1999). The killing of the Fly: State-corporate victimization in Papua New Guinea. Resource management in Asia Pacific seminar series, The Australia National University.
Inciardi, J. A., & Goode, J. L. (2003). OxyContin and prescription drug abuse. Consumers’ Research, 7, 17–21.
Johnson, C. (2007). OxyContin makers admit deception; Addiction danger from painkiller was understated) (p. A01). UK: The Washington Post.
Johnston, L. D., O’Malley, P. M., Bachman, J. G., & Schulenberg, J. E. (2009). Monitoring the future national results on adolescent drug use: Overview of key findings 2008. Bethesda, MD: National Institute on Drug Abuse.
Jung, B., & Reidenberg, M. M. (2007). Physicians being deceived. Pain Medicine, 8, 433–440.
Kauzlarich, D., & Kramer, D. (1998). Crimes of the nuclear state: Home and abroad. Boston: Northeastern University Press.
Kauzlarich, D., & Matthews, R. A. (2006). Taking stock of theory and research. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime: Wrongdoing at the intersection of business and government (pp. 27–44). New Brunswick, NJ: Rutgers University Press.
Kauzlarich, D., Matthews, R. C., & Miller, W. J. (2002). Towards a victimology of state crime. Critical Criminology, 10, 1–22.
Kramer, R. C. (2006). The space shuttle challenger explosion. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime: Wrongdoing at the intersection of business and government (pp. 27–44). New Brunswick, NJ: Rutgers University Press.
Kramer, R. C., Michalowski, R. J., & Kauzlarich, D. (2002). The origins and development of the concept and theory of state-corporate crime. Crime and Delinquency, 48, 263–282.
Leahy, P. (2007). Testimony before the United State Senate Judiciary Committee, 31st July 2007.
Libby, R. T. (2008). The criminalization of medicine: America’s war on doctors. Westport, CT: Praeger.
Matthews, R. A., & Kauzlarich, D. (2000). The crash of ValueJet Flight 592: A case study in state-corporate crime. Sociological Forces, 3, 281–298.
Meier, B. (2001). At painkiller trouble spot, signs seen as alarming didn’t alarm drug’s maker (p. 16). UK: The New York Times.
Michalowski, R. J., & Kramer, R. C. (1987). The space between the laws: The problem of corporate crime in a transnational context. Social Problems, 34, 34–53.
Michalowski, R. J., & Kramer, R. C. (2006). The critique of power. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime: Wrongdoing at the intersection of business and government (pp. 1–17). New Brunswick, NJ: Rutgers University Press.
Mullins, C. W. (2006). Bridgestone-firestone, ford, and the NHTSA. In R. J. Michalowski & R. C. Kramer (Eds.), State-corporate crime: Wrongdoing at the intersection of business and government (pp. 134–148). New Brunswick, NJ: Rutgers University Press.
Muncie, J. (1996). The construction and deconstruction of crime. In J. Muncie & E. McLaughlin (Eds.), The problem of crime (pp. 5−64). London: Sage.
Passik, S. D. (2001). Responding rationally to recent reports of abuse/diversion of OxyContin. Journal of Pain and Symptom Management, 21(5), 359–360.
Passik, S. D. (2003). Same as it ever was? Life after the OxyContin media frenzy. Journal of Pain and Symptom Management, 25(3), 199–201.
Perrow, C. (1999). Normal accidents: Living with high-risk technologies. Princeton, NJ: Princeton University Press.
Quinney, R. (1974). Critique of the legal order: Crime control in capitalist society. Boston: Little Brown.
Quinney, R. (1977). Class, state and crime: On the theory and practice of criminal justice. New York: Longman.
Reidenberg, M. M., & Willis, O. (2007). Prosecution of physicians for prescribing opioids to patients. Clinical Pharmacology and Therapeutics, 81, 903–906.
Sees, K. L., Marino, D., Michael, E., Ruediger, N. K., Sweeney, C. T., & Shiffman, S. (2005). Non-medical use of OxyContin tablets in the United States. Journal of Pain and Palliative Care Pharmacotherapy, 19, 13–23.
Specter, A. (2007). Testimony before the United States Senate Judiciary Committee, 31st July 2007.
Spillane, J. F. (2000). Cocaine: From medical marvel to modern day menace in the United States 1884–1920. Baltimore: The Johns Hopkins University Press.
Substance Abuse and Mental Health Services. (2009). Results from the 2008 national survey on drug use and health: National findings. Rockville, MD: Department of Health and Human Services.
Substance Abuse Mental Health Services Administration, Office of Applied Studies. (2003). Emergency department trends from the drug abuse warning network, final estimates 1995–2002. Rockville, MD: Department of Health and Human Services.
Substance Abuse Mental Health Services Administration, Office of Applied Studies. (2008). Drug abuse warning network, 2006: National estimates of drug-related emergency department visits. Rockville, MD: Department of Health and Human Services.
Tunnell, K. D. (2005). The OxyContin epidemic and crime panic in rural Kentucky. Contemporary Drug Problems, 32, 225–258.
Van Zee, A. (2009). The promotion and marketing of OxyContin: Commercial triumph, public health tragedy. American Journal of Public Health, 99, 221–227.
Vaughan, D. (1990). Autonomy, interdependence, and social control: NASA and the space shuttle challenger. Administrative Science Quarterly, 35, 225–257.
Vaughan, D. (1996). The challenger launch decision: Rsky technology, culture and deviance at NASA. Chicago: University of Chicago Press.
White, R. (2008). Depleted uranium, state crime and the politics of knowing. Theoretical Criminology, 12, 31–54.
Author information
Authors and Affiliations
Corresponding author
Rights and permissions
About this article
Cite this article
Griffin, O.H., Miller, B.L. OxyContin and a Regulation Deficiency of the Pharmaceutical Industry: Rethinking State-Corporate Crime. Crit Crim 19, 213–226 (2011). https://doi.org/10.1007/s10612-010-9113-9
Published:
Issue Date:
DOI: https://doi.org/10.1007/s10612-010-9113-9