PROP President Discloses Conflicts of Interest
/By Pat Anson, PNN Editor
The president of Physicians for Responsible Opioid Prescribing (PROP) – an influential anti-opioid activist group – has worked as a paid consultant for the national law firm of Motley Rice, which stands to make billions of dollars in contingency fees from opioid litigation.
Dr. Jane Ballantyne disclosed her work with Motley Rice in a revised disclosure statement recently made public by the Annals of Internal Medicine, a prominent medical journal. Ballantyne co-authored an op/ed in the journal in September that called for “every patient receiving long-term opioid therapy” to be assessed by doctors for tapering off the drugs.
In her original conflicts of interest statement, Ballantyne did not disclose her work for Motley Rice, her affiliation with PROP or any other conflicts.
“In a recent Ideas and Opinions commentary, Dr. Ballantyne did not disclose that she has received personal fees for the multidistrict opioid litigation because her consultancy in the litigation was under a confidentiality agreement. Dr. Ballantyne has now updated her disclosure because her role in the multidistrict litigation has since become public knowledge,” the medical journal said in a statement.
Ballantyne did not disclose the amount of compensation she received from Motley Rice.
Dr. Anna Lembke, a Stanford psychiatrist who co-authored the Annals article, said in her initial disclosure statement that she was also a paid expert witness in opioid litigation, but did not reveal what law firm she works for. In a new statement, Lembke discloses that she is a PROP board member.
“In the spirit of full transparency, Drs. Ballantyne and Lembke have decided to disclose their involvement in Physicians for Responsible Opioid Prescribing (PROP) as well. PROP is a 501c3 charitable organization. Their roles are volunteer positions without financial remuneration,” the journal said.
The claim that PROP is a 501c3 non-profit organization is puzzling because PROP is not a registered charity with the Internal Revenue Service. Instead it uses the Steve Rummler Hope Network as its "fiscal sponsor" -- an IRS designation that allows PROP to piggyback onto another organization’s 501c3 status. Because it is not a charity, PROP has never filed a federal or state tax return and is not required to disclose anything about its revenue, donations or spending.
Ballantyne and Lembke are not the first PROP members to revise their financial disclosure statements or to work as paid consultants in opioid litigation. PROP founder and Executive Director Dr. Andrew Kolodny recently revised his conflict of interest statements for the Journal of the American Medical Association (JAMA) to include his work in opioid malpractice lawsuits.
DR. JANE BALLANTYNE
Ballantyne, a retired anesthesiologist and professor at the University of Washington School of Medicine, is a controversial figure in the pain community because of her role in drafting the CDC’s controversial 2016 opioid prescribing guideline. Many blame the guideline for a surge in suicides by patients who were abandoned by their doctors or forcibly taken off opioids.
Although Ballantyne was known to have strong negative opinions about prescription opioids and worked in the past as a paid consultant for Cohen Milstein Sellers & Toll -- another law firm involved in opioid litigation – she was still allowed to serve on the “Core Expert Group” that advised the CDC when it drafted the guideline. Several other PROP members also served as advisors to the CDC, which the agency did not disclose until it was threatened with a lawsuit.
Lucrative Sideline
As PNN has reported, working as a paid consultant or expert witness has become a lucrative sideline for Kolodny and other anti-opioid activists. The lawyers that hire them are eager to have them testify in opioid litigation cases that will likely reward their law firms with billions of dollars in contingency fees.
Kolodny recently testified as the “star witness” for Oklahoma in its opioid negligence lawsuit against Johnson & Johnson. For that, he was paid $725 an hour by Nix Patterson & Roach, one of three law firms hired by Oklahoma to handle the case against J&J. Kolodny, who stands to make up to $500,000 for his testimony in the Oklahoma case, also acknowledged working as a consultant for Cohen Milstein at a rate of $725 an hour.
Cohen Milstein and Motley Rice are lead counsels in a national opioid litigation case in Cleveland that has consolidated about 2,600 lawsuits filed by states, cities and counties against opioid manufacturers and distributors. According to Legal NewsLine, the law firms could take home 40% of any settlements, which are projected to reach about $50 billion.
“The firm that stands to win the most will likely be Motley Rice, which pioneered the strategy of joining forces with government attorneys to sue the tobacco industry in the 1990s. Motley Rice name partner Joe Rice has never revealed his personal take from the $260 billion tobacco deal but private lawyers in total will receive $14 billion from the multi-year agreement,” Legal Newsline reported.
Ohio Attorney General Dave Yost has complained that legal fees in the opioid litigation case are too high. The judge has also warned attorneys to fly coach and limit their hotel rooms to $450 a night.
Many of the lawyers involved in the case are major political donors. Motley Rice attorneys gave over $700,000 to political candidates in 2018, while the law firm of Simmons Hanly Conroy donated over $1 million, much of it going to Missouri Sen. Claire McCaskill (D) in her failed bid for reelection.
Coincidentally, McCaskill released a report last year that was sharply critical of physician and patient advocacy groups for accepting money from opioid manufacturers. Three organizations cited in the McCaskill report — the American Academy of Pain Medicine, American Geriatric Society, and the American Pain Society — were named as defendants in opioid lawsuits filed by Simmons Hanly.
