Walgreens, CVS, Walmart Claim Judge Was Not Impartial In MDL Over Opioid Claims

Walgreens, CVS, Walmart Opioid Crisis MDL Overview: 

• Who: Walgreens, CVS and Walmart are seeking a new trial in a MDL of claims the pharmacies contributed to the opioid epidemic in Ohio’s Lake and Trumbull counties.
• Why: The pharmacies agree the judge overseeing the trial was not impartial.
• Where: The multidistrict litigation occurred in Ohio federal court.

Walgreens, CVS and Walmart are arguing that the judge overseeing multidistrict litigation of claims the national pharmacy chains contributed to the opioid epidemic was not impartial, tainting the proceedings. 

The pharmacies claim U.S. District Judge Dan Aaron Polster favored plaintiffs during the trial and made a series of mistakes that led to a jury ruling against them. 

A jury ultimately determined Walgreens, CVS and Walmart contributed to an opioid epidemic by distributing prescription painkillers in Ohio’s Lake and Trumbull counties, which are expected to seek more than $1 billion in damages each.

“From the beginning of this trial until the jury’s verdict, this court erred in ways making it easier for plaintiffs to prove their case and harder for defendants to fairly defend themselves,” CVS, Walgreens and Walmart wrote in a joint motion. “The court’s many errors combined to make this trial fundamentally unfair.” 

The pharmacies claim Polster issued one-sided rulings on multiple occasions, approved a verdict form weighed in plaintiffs’ favor and improperly excluded non-vaccinated individuals from serving on the jury. 

“The court’s errors tilted one way only — away from defendants and toward plaintiffs,” the motion said. 

Pharmacies Contend Case Was Built Around Obligations That Are Not Real, Possible

An additional five motions attempting to challenge the verdict were also submitted, collectively asking for an interlocutory review and joint motions for judgment as a matter of law. 

The pharmacies contend in their joint motions for judgment that, among other things, Lake and Trumbull’s case was built around obligations to the Controlled Substances Act that they say are not real and aren’t possible under Ohio nuisance law. 

CVS, Walgreens, and Walmart are also asking the Sixth Court to decide whether the public nuisance theory is in fact barred by the Ohio Product Liability Act.

The pharmacies are also challenging whether a juror should have been allowed to research and share her findings about the availability of an overdose reversal drug.

CVS, Walgreens and Walmart even claim a lawyer for Lake and Trumbull counties had initially agreed there should have been a mistrial after the juror conducted her own independent research and before ultimately changing course at Polster’s urging. 

“Defendants have been unable to identify a single case in which counsel for both sides agreed that a mistrial was warranted and the court nonetheless refused to grant a mistrial,” the pharmacies wrote. 

Further, CVS, Walgreens and Walmart are questioning whether the Controlled Substances Act can impose dispensing duties on whole corporations or only individual pharmacists, according to their request for interlocutory appeal.

Do you believe Walmart, CVS and Walgreens contributed to the opioid crisis in Ohio’s Lake and Trumbull counties? Let us know in the comments! 

The plaintiffs are represented by The Lanier Law Firm, Spangenberg Shibley & Liber LLP, Plevin & Gallucci Co., Napoli Shkolnik PLLC, Simmons Hanly Conroy LLC, Motley Rice LLC and Farrell & Fuller LLC.

The Walgreens, CVS, Walmart Opioid Crisis MDL Cases are County of Lake v. Purdue Pharma LP, et al., Case No. 1:18-op-45032; County of Trumbull v. Purdue Pharma LP, et al., Case No. 1:18-op-45079; and In re: National Prescription Opiate Litigation, Case No. 1:17-md-02804, in the U.S. District Court for the Northern District of Ohio.

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