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

The largest drug companies in the U.S. won a trial in 2022, but the U.S. Court of Appeals reversed that decision.

The 4th U.S. The 4th U.S.

The 4th Circuit has reopened the case and said that the lower court must re-evaluate if the three drug companies are responsible for paying for addiction treatment and prevention in the city and the county, on the basis of their alleged failures to stop "suspicious", large orders from pharmacies.

Cencora's spokesperson stated that the company is disappointed with the ruling, and they are considering their next steps. This could include a second appeal. Cencora says drug companies have to "walk a tightrope" between providing necessary medication and preventing diversion of controlled drugs.

Cardinal Health declined comment. McKesson has not responded to comments immediately.

Huntington Mayor Patrick Farrell stated that the city is looking forward to a chance to hold drug distributors responsible 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 the thousands of lawsuits filed against them by local and state governments across the nation. 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 to pharmacies repeatedly in quantities exceeding the distributors thresholds for "suspicious orders" without reporting 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. Dietrich Knauth reported from New York, and Nate Raymond from Boston. Richard Chang and Aurora Ellis edited the story.

(source: Reuters)