The Supreme Court of Ohio has ruled that national pharmaceutical chains cannot be sued for causing a public nuisance by selling opioids. This decision affects two Ohio counties, Lake and Trumbull, which sought to hold CVS, Walgreens, and Walmart accountable under common law public nuisance claims as part of a larger multidistrict national prescription opiate litigation.
The ruling came after the U.S. Court of Appeals for the Sixth Circuit requested clarification on whether the Ohio Product Liability Act (OPLA) overrides the right to file such lawsuits against product makers and sellers. The federal court had previously found these chains liable for creating a public nuisance, but they appealed to the Sixth Circuit.
Justice Joseph T. Deters wrote for the majority in a divided Supreme Court, stating that amendments made to the OPLA in 2007 eliminate all forms of common law public nuisance cases related to product sales. He explained that state lawmakers expanded the definition of “product liability claim” in R.C. 2307.71 to include “any public nuisance claim.”
Justice Melody Stewart offered a concurring and dissenting opinion, arguing that since the counties did not seek compensatory damages but rather equitable relief to abate the nuisance caused by opioid oversupply, their claims should proceed outside of OPLA’s constraints.
The broader context involves thousands of lawsuits filed by local governments and entities against opioid manufacturers and distributors, alleging misleading practices leading to widespread addiction. These cases were consolidated in Cleveland’s U.S. District Court for Northern District of Ohio.
This decision highlights ongoing legal debates about accountability in addressing the opioid crisis within legislative frameworks like OPLA.