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West Virginia opioid lawsuit overview:
- Who: A federal judge has found three major drug distributors not liable for their alleged role in the nationwide opioid crisis in Cabell County and the city of Huntington, West Virginia.
- Why: The judge found that Cabell County and the city of Huntington failed to prove that AmerisourceBergen, Cardinal Health and McKesson distributed opioids in a manner that violated the law.
- Where: The West Virginia opioid lawsuit was filed in West Virginia federal court.
Three of the largest drug distributors in the United States are not liable for their alleged role in the nation’s opioid epidemic, according to a West Virginia federal judge’s ruling in the first West Virginia opioid lawsuit bellwether trial.
U.S. District Judge David Faber determined that Cabell County and the city of Huntington, West Virginia, failed to prove that AmerisourceBergen Corp., Cardinal Health Inc. and McKesson Corp. distributed opioids to improperly registered entities or that they failed to adequately monitor suspicious activities as required by law.
“The opioid crisis has taken a considerable toll on the citizens of Cabell County and the City of Huntington,” Judge Faber wrote in his 184-page ruling. “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.”
West Virginia opioid lawsuit decision may impact similar opioid lawsuits
This ruling in the West Virginia opioid lawsuit was handed down nearly a year after conclusion of the bench trial, during which Cabell County and Huntington argued that the drug distributors were responsible for inundating the region with opioids, which allegedly caused more than 1,000 people to die in the last 10 years.
The drug distributors argued that the flood of opioids was the result of increased prescriptions by doctors and the pill quotas set by the Drug Enforcement Administration.
“Just as the DEA’s establishment of production quotas reflect the prescriptions that were being written, so too did the defendants’ distributions,” Judge Faber wrote.
The plaintiffs were seeking more than $2.5 billion to use for a 15-year abatement plan that would reduce overdoses, deaths and the number of people affected by opioid use disorder.
This West Virginia opioid lawsuit was the first federal trial covering opioid distribution allegations, and this outcome could affect similar lawsuits currently pending in multidistrict litigation.
More than 3,000 opioid lawsuits have reportedly been filed by entities affected by the opioid crisis. Plaintiffs include state and local governments, Native American tribes, hospitals, unions and others.
Drug distributors have already settled some opioid lawsuits
Despite this latest ruling, AmerisourceBergen, Cardinal and McKesson are not completely off the hook for their alleged role in the opioid crisis. They are participating in a nationwide opioid settlement intended to help states and counties address the nationwide opioid epidemic.
West Virginia has already reached settlements in similar opioid lawsuits with the drug distributors. In 2019, McKesson agreed to pay a $37 million opioid settlement with the state. In 2017, Cardinal Health agreed to pay $20 million and AmerisourceBergen agreed to pay $16 milion.
Do you think the drug distributors should have been found liable in this West Virginia opioid lawsuit? Join the discussion in the comments!
The West Virginia opioid lawsuits are City of Huntington v. AmerisourceBergen Drug Corp., et al., Case No. 3:17-cv-01362, and Cabell County Commission v. AmerisourceBergen Drug Corp., et al., Case No. 3:17-cv-01665, in the U.S. District Court for the Southern District of West Virginia.
The Opioid MDL is 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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6 thoughts onWest Virginia opioid lawsuit decided in favor of drug distributors
I lived in 2006 n 2007 in Crum west Virginia I got opidids at my dr hydro 10mg
They knew options were addictive
They are liable!
I would like to know if my case is in this lawsuit and how much will the settlement be
Add me I lived in Crum west Virginia I went to a painting dr there n took hydrocortisone 10 MG.
Kudos to this judge and the attorneys who recognized the actual problem.
My husband and father of 2 of my children died because of the opioid crisis. Medication he was prescribed by his doctor. add me please.