A federal judge in West Virginia, Zeroing the Opioid Epidemic, has ruled that AmerisourceBergen, Cardinal Health and McKesson are not responsible for the opioid epidemic that has caused more than 10 percent of the population of Huntington and Cabello counties to become addicted to the opioid. 2017.
Case – City of Huntington v. AmerisourceBergen et al. In the Southern District of West Virginia — is the first bellwether trial that is part of the state’s multi-district prescribing opioid litigation involving thousands of cases related to the opioid crisis, and will provide insights into how other MDL counties are doing Provides a window into similar cases. AmerisourceBergen, Cardinal Health and McKesson are major drug distributors.
“The opioid crisis has taken a considerable toll on the citizens of Cabell County and Huntington. While there is a natural tendency to blame in this situation, their decisions are based not on compassion but on facts and the law,” West Virginia District Judge David A. Farber wrote.
Between 2006 and 2014, the three companies distributed more than 50 million dosage units of oxycodone and hydrocodone to retail pharmacies in Cabell County and Huntington, West Virginia. From 2001 to 2017, the fatal overdose rate in Cabell County increased from 16.6 to 213.9 per 100,000 people. However, the judge wrote that there was insufficient evidence to prove causation.
The trial in the case concluded last July with 70 witnesses testifying. Despite testimony from historians, doctors and public health experts, judge finds Appalachian county and city failed to demonstrate that drug distributors had inappropriate safeguards against illicit acquisition and sale of opioids and failed to Demonstrate that there are insufficient procedures to monitor suspicious orders.
“There is nothing unreasonable about distributing a controlled substance to fulfill a written provision of the law,” the judge said.
Huntington Mayor Steve Williams said in a statement: “My disappointment is beyond measure. Today’s decision is a blow to our city and community, but we remain resilient even in the face of adversity. This case It’s always about holding these distributors accountable and giving our doctors, nurses, consultants, first responders and social workers some of the resources they need to respond to the opioid crisis.”
The plaintiffs’ attorneys jointly issued a statement, “We are deeply disappointed by the individuals and the citizens of Cabell County and the City of Huntington. We believe that the evidence emerging from witness statements, company documents and extensive data sets indicates that these defendants were responsible for creating and Oversee the opioid-flooding infrastructure in West Virginia.”
Cabell County and the city of Huntington have proposed a 15-year emissions reduction plan as a form of relief that would cost about $2.5 billion. The abatement plan will include the provision of services and programs to treat opioid abuse, such as creating collection points for unused pills, but does not include any new licensing requirements for distributors.
However, the judge ruled that the West Virginia law does not support damage reduction, and that the reduction program “addresses the harm caused by opioid abuse and addiction — it does not address the defendant’s conduct.”
A spokesperson for Cardinal Health applauded the court’s decision,”This acknowledges what we have shown in court, which is that we do not manufacture, market or prescribe medicines, but simply provide a safe channel to transport a variety of medicines from the manufacturer to our thousands of hospital and pharmacy customers, and then distribute them to their clients. Patients follow a doctor’s prescription. ”
A spokesperson for AmerisourceBergen said: “We are pleased with the court’s decision that overturns the notion that the distribution of FDA-approved drugs to licensed and registered healthcare providers in Cabell County and the City of Huntington is a public nuisance. ”
The statement added that drug distributors like AmerisourceBergen have been asked to “walk a legal and ethical tightrope” between providing access to medicines and taking action to prevent the abuse of controlled substances.
McKesson did not immediately respond to a request for comment.
In 2019, two cases in the same multi-district lawsuit surrounding the opioid epidemic led to different outcomes. Teva, Cardinal Health, AmerisourceBergen and McKesson reach $260 million reconciliation Two Ohio counties claim manufacturers and distributors are responsible for fueling the opioid crisis.
