U.S. pharmacy chains responsible for role in Ohio opioid crisis, jury finds
Verdict against CVS, Walgreens and Walmart pharmacies could
set tone for other U.S. jurisdictions
Three retail pharmacy chains recklessly distributed massive
amounts of pain pills in two Ohio counties, a U.S. federal jury said Tuesday in
a verdict that could set the tone for U.S. city and county governments that
want to hold pharmacies accountable for their roles in the opioid crisis.
The counties blamed pharmacies operated by CVS, Walgreens
and Walmart for not stopping the flood of pills that caused hundreds of
overdose deaths and cost each of the two counties about $1 billion US, their
attorney said.
This was the first time pharmacy companies had completed a trial
to defend themselves in a drug crisis that has killed a half-million Americans
over the past two decades. How much the pharmacies must pay in damages will be
decided in the spring by a federal judge.
Lake and Trumbull counties were able to convince the jury
that the pharmacies played an outsized role in creating a public nuisance in
the way they dispensed pain medication into their communities.
Attorneys for the three pharmacy chains maintained they had
policies to stem the flow of pills when their pharmacists had any concerns and
would notify authorities about suspicious orders from doctors.
2 other chains have settled suits
They also said it was the doctors who controlled how many
pills were being prescribed for legitimate medical needs.
Two other chains Rite
Aid and Giant Eagle already have settled lawsuits with the two Ohio counties.
Attorney Mark Lanier, who represented the counties in the
lawsuit, said during the trial that the pharmacies were attempting to blame
everyone but themselves.
The opioid crisis has overwhelmed courts, social services
agencies and law enforcement in Ohio's blue-collar corner east of Cleveland,
leaving behind heartbroken families and babies born to addicted mothers, Lanier
told jurors.
Roughly 80 million prescription painkillers were dispensed
in Trumbull County alone between 2012 and 2016 equivalent to 400 for every resident.
In Lake County, some 61 million pills were distributed
during that period.
Walgreens lawyer says manufacturers, not pharmacies, to
blame
The rise in physicians prescribing pain medications such as
oxycodone and hydrocodone came at a time when medical groups began recognizing
that patients have the right to be treated for pain, Kaspar Stoffelmayr, an
attorney for Walgreens, said at the opening of the trial.
The counties said pharmacies should be the last line of
defence to prevent the pills from getting into the wrong hands.
They didn't hire enough pharmacists and technicians or train
them to stop that from happening and failed to implement systems that could
flag suspicious orders, Lanier said.
The trial before U.S. District Judge Dan Polster in
Cleveland was part of a broader constellation of federal opioid lawsuits about 3,000 in all that have been consolidated
under the judge's supervision. Other cases are moving ahead in state courts.
It was one of five trials so far this year in the U.S. to
test claims brought by governments against parts of the drug industry over the
toll of prescription painkillers.
Trials against drugmakers in New York and distribution
companies in Washington state are underway now. A trial of claims against
distribution companies in West Virginia has wrapped up, but the judge has not
yet given a verdict.
Earlier in November, a California judge ruled in favour of
top drug manufacturers in a lawsuit with three counties and the city of
Oakland. The judge said the governments hadn't proven that the pharmaceutical
companies used deceptive marketing to increase unnecessary opioid prescriptions
and create a public nuisance.
Also in November, Oklahoma's supreme court overturned a 2019
judgment for $465 million US in a suit brought by the state against drugmaker
Johnson & Johnson.
Other lawsuits have resulted in big settlements or proposed
settlements before trials were completed.
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