Gov. Patrick: Appeal of Zohydro ruling unlikely

FILE - In this Jan. 22, 2014 file photo, Mass. Gov. Deval Patrick gestures during a news conference at the Statehouse in Boston.  (AP Photo/Charles Krupa, File)
FILE - In this Jan. 22, 2014 file photo, Mass. Gov. Deval Patrick gestures during a news conference at the Statehouse in Boston. (AP Photo/Charles Krupa, File)

BOSTON (AP) — Gov. Deval Patrick is leaning against any further court action on the state’s bid to ban the powerful new painkiller Zohydro in Massachusetts.

A federal judge has issued an injunction against the ban, which Patrick ordered after declaring a public health emergency in light of a surge of drug overdoses.

Patrick told reporters on Wednesday that while no final decision had been made, he did not believe his administration would appeal the injunction. He cited the time and resources involved in an appeal, and added that he considered Zohydro only one small part of a much larger problem.

The maker of the drug, San Diego-based Zogenix, had challenged the ban.

Judge Rya Zobel noted in Tuesday’s ruling that the Food and Drug Administration had approved Zohydro in October and that federal law pre-empted Patrick’s emergency order.

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