Opioid Overdose Deaths Reach Lowest Level Since 2020

Opioid Overdose Deaths Reach Lowest Level Since 2020

Introduction

A recent Ohio Supreme Court decision has cast doubt on a $650 million judgment awarded to two counties—Lake and Trumbull—against CVS, Walgreens, and Walmart for their alleged roles in fueling the opioid epidemic.

What does the ruling state?

The court ruled that under the Ohio Product Liability Act (OPLA), lawsuits cannot claim that the sale of opioids by pharmaceutical chains constitutes a “public nuisance.” The ruling hinges on a 2007 amendment to the OPLA, which prohibits public nuisance claims arising from product sales when seeking compensation. Writing for the majority, one justice clarified that the law applies to claims linked to product design, manufacturing, marketing, and advertising but not the dispensing of products. The justice emphasized that addressing the opioid crisis is beyond the court’s authority, stating, “The devastation experienced by private citizens... has far-reaching consequences, but creating a solution to this crisis out of whole cloth is beyond this court’s authority.”

Counties awarded

The counties’ claims were originally upheld in 2022 when U.S. District Judge awarded Lake County $306 million and Trumbull County $344 million, payable over 15 years. The federal court ruling followed a jury’s finding in 2021 that the pharmacies had created a public nuisance by negligently dispensing opioids. The funds were intended to address the opioid epidemic in the communities.

Pharmacies appealed the judgment

However, the pharmacies appealed the judgment, arguing that the public nuisance claim fell outside the scope of the OPLA, prompting the U.S. Sixth Circuit Court of Appeals to request clarification from the Ohio Supreme Court. While the counties argued they were seeking equitable relief, not compensatory damages, the court ultimately sided with the pharmacies.

What did the attorney representing the counties say?

Representatives for the counties expressed dismay over the ruling. An attorney for the counties stated, “This ruling will have a devastating impact on communities and their ability to police corporate misconduct.” He noted that public nuisance claims have been instrumental in securing nearly $60 billion in opioid settlements nationwide, including close to $1 billion in Ohio alone.

Pharmacies welcomed the decision

The pharmacies welcomed the decision. CVS and Walgreens issued a joint statement expressing their satisfaction, while Walmart defended its pharmacists and criticized attempts to broaden public nuisance laws to regulate lawful and already-regulated products. Walmart stated, “The Ohio Supreme Court is the latest court to correctly reject plaintiff-lawyers’ efforts to radically expand public nuisance law.”

How did the legal team for counties react?

Despite the setback, the counties’ legal team vowed to continue their fight through other avenues. They maintain that pharmaceutical companies played a significant role in the opioid epidemic, which has devastated communities across Ohio and beyond. The court’s decision underscores the challenges in using public nuisance claims to hold companies accountable for the distribution of regulated products.