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US appeals Court revives $2.5 Billion opioid lawsuit in West Virginia

The 4th U.S. Circuit Court of Appeals on Tuesday reinstated a lawsuit for $2.5 billion against drug distributors who were accused of contributing towards an opioid crisis in West Virginia. This decision overturned a 2022 trial victory by the biggest drug suppliers in the U.S. The 4th U.S. The 4th Circuit Court of Appeals ruled a lower court erred in concluding that Cencora Corp, McKesson Corp, and Cardinal Health had not created a "public inconvenience" by supplying a large number of addictive pills to the pharmacies of Cabell County and Huntington. The 4th Circuit has reopened this case and said that the lower court must re-evaluate if the drug companies are responsible for paying for addiction prevention and treatment efforts in Cabell County and the City of Huntington, due to their alleged failures to stop large orders from pharmacies.

Cencora Cardinal Health, and McKesson have not responded to comments immediately.

Huntington Mayor Patrick Farrell stated that the city is looking forward to this new opportunity to hold drug companies accountable for "the devastating damage that they have done to our city and to far too many families." Distributors had agreed to pay as much as $21 billion in order to settle thousands of lawsuits filed against them by local and state governments across the country. Communities in West Virginia, which was hard hit by the opioid crisis, chose not to join the national settlement and instead sought a larger recovery.

In 2022, U.S. district judge David Faber ruled in favor the three drug companies, concluding that West Virginia's law on "public nuisances" did not create any liability for companies who sold prescription drugs and that the companies had met their obligation to report suspicious orders of drug to U.S. regulatory agencies. The 4th Circuit reversed those findings.

The appeals court determined that the three drug manufacturers shipped opioids in quantities exceeding the thresholds set by distributors for "suspicious orders" without reporting sales to the U.S. Drug Enforcement Administration.

According to the 4th Circuit, Cencora (formerly AmerisourceBergen) supplied 775 potentially suspect orders over a period of five years from a single Cabell County pharmacy, but only reported 16 orders to the DEA.

(source: Reuters)