Massachusetts Ban of New Painkiller Heard in Federal Court

Just one day after Zogenix, the maker of the new painkiller Zohydro, filed a federal law suit challenging the Massachusetts ban of the drug, the first hearing was held Tuesday.  

U.S. District Court Judge Rya Zobel, according to the AP, indicated that the drug company may have a point.

‘‘I don’t have all the facts. At the moment, I think the governor is out of line on this. The federal drug administration has examined this issue, has dealt with all the objections to it, and is a federal entity.’’

According to media reports, Gov. Deval Patrick defended his decision at an unrelated event in Boston. ‘‘I wouldn’t have done it if I didn’t think I had a legal footing to do it. More to the point, I wouldn’t have done it if I didn’t think we had a real emergency, and we have a real emergency.’’

But Patrick also was quoted saying, ‘‘Put it in an abuse-resistant form and I and many others will make our peace with it.’’

The court will hear further arguments next week after which Judge Zobel will decide whether to issue a temporary restraining order against the Massachusetts ban. A permanent ruling will come later.