Documented Crimes · Case #9988
Evidence
The American Pain Society received over $1.2 million from opioid manufacturers between 2002-2009 alone· The Porter and Jick letter cited as evidence of opioid safety was five sentences long and involved zero original research· By 2001, the Joint Commission made pain assessment a mandatory accreditation standard for hospitals nationwide· Russell Portenoy testified in 2012 he had given "the wrong advice" about opioid safety for decades· Purdue Pharma paid $635 million in 2007 for misbranding OxyContin as less addictive—then continued the same marketing· Opioid prescriptions in the US increased from 76 million in 1991 to 207 million in 2013· Academic researchers who received payments from opioid manufacturers were 17.9 times more likely to conclude opioids were safe· The epidemic has killed over 500,000 Americans since 1999, with deaths accelerating after the pain guidelines were adopted·
Documented Crimes · Part 88 of 106 · Case #9988

The American Pain Society, Substantially Funded by Opioid Manufacturers, Declared Pain the Fifth Vital Sign in 1996 and Promoted Opioid Prescribing as Safe for Non-Cancer Pain. The Supporting Evidence Was a Five-Sentence Letter, Not a Clinical Study.

In 1996, the American Pain Society launched a campaign declaring pain the "fifth vital sign" and promoting aggressive opioid prescribing for chronic non-cancer pain. The initiative was substantially funded by opioid manufacturers including Purdue Pharma. The scientific foundation cited to support claims that opioids were safe and rarely addictive was a five-sentence letter to the editor published in the New England Journal of Medicine in 1980—not a clinical trial, not a peer-reviewed study, but 101 words describing hospitalized patients who received opioids under supervised conditions. This investigation documents how pharmaceutical money captured pain research, rewrote medical education, and created the evidence base for an epidemic that has killed over 500,000 Americans.

101Words in the letter cited as evidence opioids were safe
$1.2M+From opioid makers to American Pain Society (2002-2009)
207MOpioid prescriptions written in US in 2013 peak
500,000+American deaths from opioid overdoses since 1999
Financial
Harm
Structural
Research
Government

The Letter That Launched a Thousand Ships

On January 10, 1980, the New England Journal of Medicine published a letter to the editor that would be cited over 600 times in medical literature and help justify one of the most catastrophic pharmaceutical campaigns in American history. The letter, titled "Addiction Rare in Patients Treated with Narcotics," contained five sentences and 101 words. It described a database review of 11,882 hospitalized patients who had received at least one narcotic medication. The authors, Jane Porter and Hershel Jick of Boston University Medical Center, noted that only four cases of addiction were documented among patients with no prior history of addiction.

The letter was not a clinical trial. It was not a peer-reviewed study. It involved no original research, no systematic methodology, no follow-up after hospital discharge, and no assessment of outpatient chronic pain treatment. It explicitly described patients who received opioids under supervised conditions in a hospital setting for acute pain.

None of that mattered. The pharmaceutical industry had found its evidence.

600+
Citations of the Porter-Jick letter in medical literature. A 2017 analysis found that 80.8% of citations failed to note the letter described hospitalized patients, and 91% cited it as evidence that addiction was rare in outpatient chronic pain treatment—precisely the opposite of what the letter actually examined.

Building the Evidence Base on Sand

Throughout the 1990s and 2000s, the Porter and Jick letter became the foundational citation for claims that opioid addiction was rare when the drugs were prescribed for legitimate pain. Pain specialists cited it in academic lectures. Medical textbooks referenced it. Pharmaceutical sales representatives carried copies. The letter appeared in continuing medical education programs attended by tens of thousands of physicians.

The problem was that almost everyone citing the letter misrepresented what it said. The original text made clear the patients were hospitalized, receiving short-term treatment under medical supervision. But citations transformed this narrow observation into a general claim about opioid safety for any pain treatment, in any setting, for any duration.

Russell Portenoy, a prominent pain specialist at Beth Israel Medical Center who became one of the most influential advocates for expanded opioid prescribing, later acknowledged: "I gave so many lectures to primary care audiences in which the Porter and Jick article was just one of the many things that I cited as evidence that addiction was not a problem." In a 2012 interview, Portenoy admitted: "Did I teach about pain management with the wrong medication? Sure. In essence, I was teaching the wrong thing."

"I gave so many lectures to primary care audiences in which the Porter and Jick article was cited as evidence that addiction was not a problem. Did I teach about pain management with the wrong medication? Sure."

Russell Portenoy — Interview with Barry Meier, 2012

Portenoy received hundreds of thousands of dollars in consulting fees, speaking fees, and research funding from Purdue Pharma, Endo Pharmaceuticals, Cephalon, and other opioid manufacturers. These relationships were rarely disclosed in the lectures where he promoted aggressive opioid prescribing.

The American Pain Society and the Fifth Vital Sign

The American Pain Society, founded in 1977 as a professional organization of pain researchers and clinicians, became the institutional vehicle for transforming pain treatment in American medicine. In 1995, APS President James Campbell delivered his presidential address advocating that pain be assessed as routinely as blood pressure, pulse, temperature, and respiratory rate—making it the "fifth vital sign."

The metaphor was powerful and intuitive. Vital signs are fundamental physiological measurements that must be monitored in every patient encounter. By declaring pain a vital sign, Campbell was arguing that pain assessment should receive the same systematic attention—and by implication, that undertreated pain represented the same kind of medical neglect as ignoring dangerously high blood pressure or fever.

In 1996, the American Pain Society launched a major campaign promoting this concept, producing educational materials distributed to approximately 15,000 physicians. The campaign emphasized that pain was being systematically undertreated in American medicine and that physicians' fears about addiction were preventing adequate pain relief. The solution, according to APS materials, was more aggressive opioid prescribing.

$1.2M+
Funding from opioid manufacturers to American Pain Society, 2002-2009. A 2012 Senate investigation documented payments from Purdue Pharma, Cephalon, Endo Pharmaceuticals, and Johnson & Johnson. This represented approximately 10% of APS's budget but was not disclosed in clinical guidelines the organization produced recommending opioid therapy.

What APS did not disclose was the extent of its pharmaceutical industry funding. Between 2002 and 2009 alone, the organization received over $1.2 million from opioid manufacturers including Purdue Pharma, Cephalon, Endo Pharmaceuticals, and Johnson & Johnson. A 2012 Senate Committee on Health, Education, Labor and Pensions investigation found that APS received approximately 10% of its budget from opioid manufacturers—but failed to disclose these relationships in its clinical guidelines recommending opioid therapy for chronic non-cancer pain.

The Joint Commission Makes It Mandatory

The campaign achieved its most significant victory when the Joint Commission on Accreditation of Healthcare Organizations adopted pain assessment as a mandatory accreditation standard. Between 1999 and 2001, the Joint Commission developed and implemented standards requiring healthcare facilities to assess pain in all patients, document pain intensity using numerical scales, and treat pain aggressively.

The Joint Commission's standards had enormous practical impact because the organization serves as the primary accreditor for U.S. hospitals and healthcare facilities. Hospitals that failed to meet Joint Commission standards risked losing accreditation—and with it, Medicare reimbursement and the ability to operate. The pain standards effectively mandated that every hospital in America adopt the "pain as fifth vital sign" approach.

The initiative was developed with input from the American Pain Society and featured educational materials funded by Purdue Pharma. A 2020 investigation found that the Joint Commission received approximately $10 million in funding from opioid manufacturers between 2000 and 2011—a relationship not disclosed when the pain standards were developed.

Year
Opioid Prescriptions
Key Event
1991
76 million
Baseline
1996
96 million
OxyContin launch; APS "fifth vital sign" campaign
2001
140 million
Joint Commission pain standards implemented
2010
209 million
Peak overdose deaths from prescription opioids
2013
207 million
Peak prescribing

Purdue's Blizzard of Prescriptions

The pharmaceutical industry did not wait passively for these standards to take effect. Purdue Pharma launched OxyContin in 1996 with one of the most aggressive pharmaceutical marketing campaigns in American history. The company paid its sales representatives bonuses based on prescription volume, reaching $40 million in annual bonuses by 2001. Sales representatives visited physicians' offices with promotional materials emphasizing that OxyContin's time-release formulation made it less subject to abuse—a claim unsupported by clinical evidence.

Internal documents released in litigation show the strategy was deliberate and centrally directed. Richard Sackler, who served as Purdue president and was a member of the family that owned the company, wrote in a 1996 launch memo that the OxyContin campaign would be followed by "a blizzard of prescriptions that will bury the competition."

The blizzard arrived. Between 1996 and 2002, OxyContin generated $2.8 billion in revenue for Purdue. The number of opioid prescriptions written annually in the United States increased from 76 million in 1991 to 207 million in 2013—a nearly threefold increase in a period when the U.S. population grew by approximately 22%.

$2.8B
OxyContin revenue, 1996-2002. Purdue's aggressive marketing campaign, combined with the "pain as fifth vital sign" movement, drove prescription volume that made OxyContin one of the most commercially successful drug launches in pharmaceutical history. The Sackler family would eventually extract over $10 billion from Purdue.

The Evidence That Wasn't

As prescriptions increased and overdose deaths began rising in the late 1990s and early 2000s, researchers began asking a basic question: Where was the evidence that long-term opioid therapy was safe and effective for chronic non-cancer pain?

The answer was stark: It didn't exist.

Despite millions of Americans receiving daily opioid prescriptions for months or years, there were essentially no randomized controlled trials demonstrating that opioids improved pain, function, or quality of life over periods longer than 12 weeks. The studies that existed were short-term, often funded by pharmaceutical companies, and frequently showed high dropout rates due to side effects or lack of efficacy.

Andrew Kolodny, an addiction psychiatrist who co-founded Physicians for Responsible Opioid Prescribing in 2010, documented this evidence gap systematically. In testimony as an expert witness in state cases against opioid manufacturers, Kolodny presented the fundamental problem: "There is not a single randomized controlled trial that demonstrates that opioids are effective for chronic pain when used long-term. Not one."

Yet professional organizations were producing clinical guidelines recommending exactly such use—guidelines developed by committees whose members had received consulting fees, speaking fees, and research grants from opioid manufacturers, relationships frequently not disclosed in the published guidelines.

The Regulatory Failure

The Food and Drug Administration approved OxyContin in December 1995 based on studies of acute pain lasting days to weeks, not chronic pain lasting months to years. The agency allowed Purdue to include label language stating that OxyContin's delayed-absorption mechanism "is believed to reduce the abuse liability"—a claim that had no supporting clinical evidence.

Curtis Wright, the FDA medical officer who reviewed the OxyContin application, left the agency less than two years after approval to work for Purdue Pharma in a position with annual compensation exceeding $400,000. The revolving door between regulator and regulated could not have been more literal.

Between 1996 and 2001, the FDA received increasing reports of OxyContin abuse but took limited regulatory action. In 2007, Purdue executives Michael Friedman, Howard Udell, and Paul Goldenheim pleaded guilty to federal charges of misbranding OxyContin by claiming it was less addictive than other opioids. The company paid $635 million in fines.

Then it continued essentially the same marketing practices. Between 2007 and Purdue's bankruptcy filing in 2019, the company faced thousands of additional lawsuits alleging it had never truly changed its behavior—only its public relations strategy.

"There is not a single randomized controlled trial that demonstrates that opioids are effective for chronic pain when used long-term. Not one."

Andrew Kolodny — Expert witness testimony, multiple state cases, 2015-2018

The Body Count

By the time the Centers for Disease Control finally issued prescribing guidelines in March 2016—two decades after the launch of OxyContin and the "pain as fifth vital sign" campaign—over 165,000 Americans had died from prescription opioid overdoses. The CDC guidelines represented a direct reversal of the previous paradigm, stating explicitly that there was insufficient evidence that long-term opioid therapy improved pain, function, or quality of life, while evidence of serious harms was substantial.

The total death toll continues to mount. Since 1999, over 500,000 Americans have died from opioid overdoses, including both prescription opioids and illicit opioids like heroin and fentanyl. Many people who became addicted to prescription opioids later transitioned to illicit drugs when prescriptions became harder to obtain or too expensive.

500,000+
American deaths from opioid overdoses since 1999. The death rate from prescription opioids quadrupled between 1999 and 2016, tracking almost perfectly with the increase in prescribing rates that followed the "pain as fifth vital sign" campaign and aggressive pharmaceutical marketing.

The Institutions That Knew

State attorneys general investigations and civil litigation discovery have produced extensive documentation of what various institutions knew and when they knew it. Internal Purdue documents show executives were aware of abuse patterns as early as 1997 but characterized concerns as "predictable" for an opioid and focused on defending market share rather than addressing safety issues.

The American Pain Society knew it was substantially funded by opioid manufacturers when it produced clinical guidelines recommending opioid therapy but did not disclose these relationships. The organization dissolved in 2019, citing financial difficulties, after facing lawsuits alleging it had functioned as a pharmaceutical industry front group.

The Joint Commission knew it had received millions in pharmaceutical funding when developing pain standards but did not disclose these relationships. In 2016, the organization acknowledged its standards had "unintentionally contributed" to over-prescription of opioids—a characterization many critics consider inadequate given the documented evidence of industry influence.

Multiple academic medical centers knew their faculty members were receiving pharmaceutical payments while serving on guideline committees, conducting industry-funded research, and delivering paid lectures promoting aggressive opioid prescribing. These institutions continued appointing such faculty to leadership positions in pain programs and allowing them to teach medical students and residents.

The Financial Architecture

A 2019 study published in JAMA Network Open documented the financial flows that supported the expansion of opioid prescribing. Between 2013 and 2015 alone, opioid manufacturers made over 375,000 payments totaling more than $46 million to physicians for speaking, consulting, meals, and travel. Counties where physicians received higher payments had significantly higher opioid prescribing rates and overdose mortality.

Beyond direct physician payments, manufacturers funded continuing medical education programs, patient advocacy organizations, professional societies, pain clinics, and academic research. Senate investigations documented that between 2009 and 2011, the American Pain Society and American Academy of Pain Medicine received approximately 90% of their educational grant funding from opioid manufacturers.

The Sackler family, which owned Purdue, extracted approximately $10.7 billion in distributions from the company between 2008 and 2018—transferring billions to offshore accounts and trusts as litigation mounted. When Purdue filed for bankruptcy in 2019, the family initially offered $3 billion in settlement funds, later increased to approximately $6 billion, while maintaining they bore no personal responsibility for the crisis their company had helped create.

$10.7B
Extracted by Sackler family from Purdue Pharma, 2008-2018. As lawsuits mounted and evidence of the company's knowledge of opioid risks became public, the family that owned Purdue systematically transferred company profits to offshore trusts and accounts, later offering a fraction of those funds in settlement while claiming no personal culpability.

The Recantations Come Too Late

By 2012, Russell Portenoy was publicly acknowledging that he had "gave the wrong advice" about opioid safety for decades. By 2016, the Joint Commission was revising its pain standards to emphasize risks of opioid therapy. By 2018, the FDA was acknowledging its approval and oversight processes had contributed to the crisis.

These admissions came after hundreds of thousands of deaths and millions of addiction cases. They came after the "blizzard of prescriptions" Richard Sackler had promised in 1996 had buried not just the competition, but communities across America. They came after a five-sentence letter to the editor—never intended to support the use to which it was put—had been cited over 600 times to justify prescribing practices that had no basis in rigorous clinical evidence.

The American Pain Society dissolved in 2019. Purdue filed for bankruptcy the same year. The Sackler name has been removed from museum wings and university buildings. Multiple pharmaceutical executives have faced criminal charges, though convictions have been limited given the difficulty of proving individual criminal intent in corporate structures designed to diffuse responsibility.

But the fundamental mechanism that produced the crisis—the capture of medical research, professional guidelines, and regulatory oversight by commercial interests—remains largely intact. The same journals publish industry-funded research. The same conflicts of interest persist in guideline development. The same revolving door operates between regulators and regulated industries.

What the Documents Show

The discovery documents from state lawsuits, Senate investigations, and bankruptcy proceedings create an unambiguous record. This was not a case of well-intentioned physicians making tragic mistakes based on honest scientific uncertainty. It was not a case of companies inadvertently creating harm while trying to help patients.

The documents show pharmaceutical companies systematically funded organizations that produced clinical guidelines while concealing the funding. They show companies tracking which physicians prescribed the most opioids and directing sales representatives to target those physicians with payments and promotions. They show executives internally acknowledging abuse problems while externally denying them. They show the transformation of a five-sentence letter into a scientific edifice supporting prescribing practices its authors never intended and evidence never supported.

The "pain as fifth vital sign" campaign was medical innovation funded by commercial interests to expand a market. The science was manufactured to support a predetermined conclusion. The professional organizations that should have provided independent evaluation were captured by the companies whose products they were assessing. The regulatory agencies that should have demanded evidence approved drugs and indications without it.

And over 500,000 Americans died in what the evidence shows was not a crisis, but a business model.

Primary Sources
[1]
Porter, Jane and Hershel Jick — New England Journal of Medicine, Addiction Rare in Patients Treated with Narcotics, Letter to the Editor, January 10, 1980
[2]
Campbell, James N. — American Pain Society Presidential Address, November 1995
[3]
Van Zee, Art — American Journal of Public Health, The Promotion and Marketing of OxyContin: Commercial Triumph, Public Health Tragedy, February 2009
[4]
Phillips, David M. — Joint Commission Journal on Quality Improvement, JCAHO Pain Management Standards Are Unveiled, 2000
[5]
United States Department of Justice — Press Release, The Purdue Frederick Company, Inc. and Top Executives Plead Guilty to Misbranding OxyContin, May 10, 2007
[6]
Senate Committee on Health, Education, Labor and Pensions — Opioid Epidemic: Role of Stakeholders and Recommendations for Action, 2012
[7]
Meier, Barry — Pain Killer: An Empire of Deceit and the Origin of America's Opioid Epidemic, Random House, 2018
[8]
Dowell, Deborah et al. — Morbidity and Mortality Weekly Report, CDC Guideline for Prescribing Opioids for Chronic Pain, March 18, 2016
[9]
Leung, Pamela T.M. et al. — Journal of Pain and Symptom Management, A 1980 Letter on the Risk of Opioid Addiction, January 2017
[10]
Commonwealth of Massachusetts v. Purdue Pharma L.P. et al. — Suffolk Superior Court, Complaint, January 31, 2019
[11]
State of Oklahoma v. Purdue Pharma L.P. et al. — Cleveland County District Court, Judgment After Non-Jury Trial, August 26, 2019
[12]
Hadland, Scott E. et al. — JAMA Network Open, Association of Pharmaceutical Industry Marketing of Opioid Products With Mortality From Opioid-Related Overdoses, January 2, 2019
[13]
Schieber, Lenny Bernstein and Scott Higham — Washington Post, Investigation: The Drug Industry's Triumph Over the DEA, October 15, 2017
[14]
Kolodny, Andrew et al. — JAMA, The Prescription Opioid and Heroin Crisis: A Public Health Approach to an Epidemic of Addiction, March 2015
[15]
Keefe, Patrick Radden — Empire of Pain: The Secret History of the Sackler Dynasty, Doubleday, 2021
Evidence File
METHODOLOGY & LEGAL NOTE
This investigation is based exclusively on primary sources cited within the article: court records, government documents, official filings, peer-reviewed research, and named expert testimony. Red String is an independent investigative publication. Corrections: [email protected]  ·  Editorial Standards