Opioid Overdose Deaths Reach Lowest Level Since 2020
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.