AP

US judge finds for 3 drug distributors in WVa opioid lawsuit

Jul 4, 2022, 5:05 PM | Updated: 5:59 pm

FILE - Huntington Mayor Steve Williams, left, and lawyer Rusty Webb enter the Robert C. Byrd United...

FILE - Huntington Mayor Steve Williams, left, and lawyer Rusty Webb enter the Robert C. Byrd United States Courthouse in Charleston, W.Va., on May 3, 2021, for the start of a trial in an opioid lawsuit filed by Cabell County and the city of Huntington against major drug distributors. A federal judge on Monday, July 4, 2022, ruled in favor of three major U.S. drug distributors in a landmark lawsuit that accused them of causing a health crisis in one West Virginia county ravaged by opioid addiction.(Kenny Kemp/Charleston Gazette-Mail via AP, File)

(Kenny Kemp/Charleston Gazette-Mail via AP, File)

CHARLESTON, W.Va. (AP) — A federal judge on Monday ruled in favor of three major U.S. drug distributors in a landmark lawsuit that accused them of causing a health crisis by distributing 81 million pills over eight years in one West Virginia county ravaged by opioid addiction.

The verdict came nearly a year after closing arguments in a bench trial in the lawsuit filed by Cabell County and the city of Huntington against AmerisourceBergen Drug Co., Cardinal Health Inc. and McKesson Corp.

“The opioid crisis has taken a considerable toll on the citizens of Cabell County and the City of Huntington. And while there is a natural tendency to assign blame in such cases, they must be decided not based on sympathy, but on the facts and the law,” U.S. District Judge David Faber wrote in the 184-page ruling. “In view of the court’s findings and conclusions, the court finds that judgment should be entered in defendants’ favor.”

Cabell County attorney Paul Farrell had argued the distributors should be held responsible for sending a “tsunami” of prescription pain pills into the community and that the defendants’ conduct was unreasonable, reckless and disregarded the public’s health and safety in an area ravaged by opioid addiction.

The companies blamed an increase in prescriptions written by doctors along with poor communication and pill quotas set by federal agents.

While the lawsuit alleged the distributors created a public nuisance, Faber said West Virginia’s Supreme Court has only applied public nuisance law in the context of conduct that interferes with public property or resources. He said to extend the law to cover the marketing and sale of opioids “is inconsistent with the history and traditional notions of nuisance.”

Faber noted that the plaintiffs offered no evidence that the defendants distributed controlled substances to any entity that didn’t hold a proper registration from the Drug Enforcement Agency or the state Board of Pharmacy. The defendants also had suspicious monitoring systems in place as required by the Controlled Substances Act, he said.

“Plaintiffs failed to show that the volume of prescription opioids distributed in Cabell/Huntington was because of unreasonable conduct on the part of defendants,” Faber wrote.

In a statement, Cardinal Health said the judge’s ruling “recognizes what we demonstrated in court, which is that we do not manufacture, market, or prescribe prescription medications but instead only provide a secure channel to deliver medications of all kinds from manufacturers to our thousands of hospital and pharmacy customers that dispense them to their patients based on doctor-ordered prescriptions.

“As we continue to fulfill our limited role in the pharmaceutical supply chain, we operate a constantly adaptive and rigorous system to combat controlled substance diversion and remain committed to being part of the solution to the opioid crisis.”

Attorneys for the plaintiffs said they were “deeply disappointed” in the ruling.

“We felt the evidence that emerged from witness statements, company documents, and extensive datasets showed these defendants were responsible for creating and overseeing the infrastructure that flooded West Virginia with opioids. Outcome aside, our appreciation goes out to the first responders, public officials, treatment professionals, researchers, and many others who gave their testimony to bring the truth to light.”

Huntington Mayor Steve Williams said the ruling was “a blow to our city and community, but we remain resilient even in the face of adversity.

“The citizens of our city and county should not have to bear the principal responsibility of ensuring that an epidemic of this magnitude never occurs again.”

The plaintiffs had sought more than $2.5 billion that would have gone toward abatement efforts. The goal of the 15-year abatement plan would have been to reduce overdoses, overdose deaths and the number of people with opioid use disorder.

Last year in Cabell County, an Ohio River county of 93,000 residents, there were 1,067 emergency responses to suspected overdoses — significantly higher than each of the previous three years — with at least 158 deaths. So far this year, suspected overdoses have prompted at least 358 responses and 465 emergency room visits, according to preliminary data from the state Department of Health and Human Resources’ Office of Drug Control Policy.

The U.S. addiction crisis was inflamed by the COVID-19 pandemic with drug overdose deaths surpassing 100,000 in the 12-month period ending in April 2021, according to the Centers for Disease Control and Prevention. That’s the highest number of overdose deaths ever recorded in a year.

The Cabell-Huntington lawsuit was the first time allegations involving opioid distribution ended up at federal trial. The result could have huge effects on similar lawsuits. Some have resulted in multimillion-dollar settlements, including a tentative $161.5 million settlement reached in May by the state of West Virginia with Teva Pharmaceuticals Inc., AbbVie’s Allergan and their family of companies.

In all, more than 3,000 lawsuits have been filed by state and local governments, Native American tribes, unions, hospitals and other entities in state and federal courts over the toll of opioids. Most allege that either drug makers, distribution companies or pharmacies created a public nuisance in a crisis that’s been linked to the deaths of 500,000 Americans over the past two decades.

In separate, similar lawsuits, the state of West Virginia reached a $37 million settlement with McKesson in 2019, and $20 million with Cardinal Health and $16 million with AmerisourceBergen in 2017.

Copyright © The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


              FILE - Paul T. Farrell Jr., an attorney representing plaintiffs in a lawsuit against three major U.S. drug distributors, speaks to reporters Wednesday, July 28, 2021, outside the federal courthouse in Charleston, W.Va. A federal judge on Monday, July 4, 2022, ruled in favor of  U.S. drug distributors AmerisourceBergen Drug Co., Cardinal Health Inc. and McKesson Corp. in a landmark lawsuit that accused them of causing a health crisis in one West Virginia county ravaged by opioid addiction. (AP Photo/John Raby, File)
            
              FILE - Huntington Mayor Steve Williams, left, and lawyer Rusty Webb enter the Robert C. Byrd United States Courthouse in Charleston, W.Va., on May 3, 2021, for the start of a trial in an opioid lawsuit filed by Cabell County and the city of Huntington against major drug distributors. A federal judge on Monday, July 4, 2022, ruled in favor of three major U.S. drug distributors in a landmark lawsuit that accused them of causing a health crisis in one West Virginia county ravaged by opioid addiction.(Kenny Kemp/Charleston Gazette-Mail via AP, File)
            FILE - Signs are displayed at a tent during a health event on June 26, 2021, in Charleston, W.Va. A federal judge on Monday, July 4, 2022, ruled in favor of three major U.S. drug distributors in a landmark lawsuit that accused them of causing a health crisis in one West Virginia county ravaged by opioid addiction. (AP Photo/John Raby, File)

AP

Ray Epps Ray Epps, an Arizona man who became the center of a conspiracy theory about Jan. 6, 2021, ...

Associated Press

Ray Epps, an Arizona man who supported Trump, pleads guilty to Capital riot charge

Ray Epps, the target of a conspiracy theory about the Jan. 6, 2021, attack, pleaded guilty on Wednesday to a misdemeanor charge.

1 day ago

Former President Donald Trump repeatedly declined in an interview aired Sunday, Sept. 17, 2023, to ...

Associated Press

Trump refuses to say in a TV interview how he watched the Jan. 6 attack unfold at the US Capitol

Former President Donald Trump repeatedly declined in an interview aired Sunday to answer questions about whether he watched the Capitol riot.

5 days ago

This frame grab from video, provided by the Mexican government, shows Ovidio Guzman Lopez being det...

Associated Press

Mexico extradites son of ‘El Chapo,’ Ovidio Guzman Lopez to US

The son of notorious cartel leader Joaquin “El Chapo” Guzmán, Ovidio Guzman Lopez was extradited to the U.S. on Friday.

5 days ago

impeachments in US history...

Associated Press

A look at notable impeachments in US history, including Texas Attorney General Ken Paxton

Texas Attorney General Ken Paxton was acquitted Saturday on during his impeachment trial. Here's a roundup of impeachments in U.S. history.

5 days ago

The sticker price is displayed in the window of an unsold 2023 Navigator sports-utility vehicle at ...

Associated Press

The auto workers strike will drive up car prices, but not right away — unless consumers panic

Car shoppers are heading for a new round of sticker shock if the strike by the United Auto Workers doesn’t end soon, officials say.

6 days ago

Gov. Michelle Lujan Grisham announces an order restricting people from carrying guns in Bernalillo ...

Associated Press

Group sues after New Mexico governor suspends right to carry guns in Albuquerque in public

The New Mexico governor's emergency order suspending the right to carry firearms in public near Albuquerque drew an immediate court challenge.

12 days ago

Sponsored Articles

Home moving relocation in Arizona 2023...

BMS Moving

Tips for making your move in Arizona easier

If you're moving to a new home in Arizona, use this to-do list to alleviate some stress and ensure a smoother transition to your new home.

...

Ability360

At Ability360, every day is Independence Day

With 100 different programs and services, more than 1,500 non-medically based home care staff, a world-renowned Sports & Fitness Center and over 15,000 people with disabilities served annually, across all ages and demographics, Ability360 is a nationwide leader in the disability community.

...

SANDERSON FORD

Thank you to Al McCoy for 51 years as voice of the Phoenix Suns

Sanderson Ford wants to share its thanks to Al McCoy for the impact he made in the Valley for more than a half-decade.

US judge finds for 3 drug distributors in WVa opioid lawsuit