Two Ohio counties have been awarded a $650.9 million judgment against three major pharmacy chains for their involvement in the opioid crisis. The federal court, which is handling the pharmacies' appeal, has sought guidance from the Supreme Court of Ohio on whether selling legal products can constitute a public nuisance under state law.
The case is part of a larger multidistrict federal litigation involving numerous lawsuits against opioid manufacturers and sellers, consolidated in U.S. District Court in Cleveland. Lake and Trumbull counties claimed that CVS, Walgreens, and Walmart contributed to a public nuisance by selling opioids. A jury ruled in favor of the counties, leading to an "abatement plan" aimed at addressing opioid addiction issues within those communities.
The pharmacies appealed this decision to the Sixth U.S. Circuit Court of Appeals, arguing that only the Ohio Product Liability Act (OPLA) could be used as a basis for such lawsuits. They claim that OPLA does not permit suing product makers and sellers for creating a public nuisance.
In response to this argument, the federal appeals court has paused its proceedings to seek clarification from the Supreme Court of Ohio regarding whether OPLA bars these public nuisance claims.
The case draws parallels with a 1999 lawsuit where Cincinnati sued handgun manufacturers over claims they fostered criminal misuse of firearms and created a public nuisance. This led to amendments in OPLA by the General Assembly to limit lawsuits based on product sales.
Pharmacies argue that since 2007 amendments include "any public nuisance" claim under OPLA, all other legal theories are invalidated. However, the counties counter that OPLA applies only to defective products and does not cover legal painkillers sold by pharmacies without due diligence on sale volumes.
Oral arguments for In re National Prescription Opiate Litigation will be held on March 26 at 9 a.m., streamed live online via SupremeCourt.Ohio.gov and archived on the Ohio Channel.
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