US EditionUS appeals court overturns West Virginia landmark opioid lawsuit decision
The 4th Circuit found a lower court misapplied state law and the Controlled Substances Act in dismissing opioid lawsuits by Huntington and Cabell County, which seek $2.5 billion.
- On Tuesday, the 4th U.S. Circuit Court of Appeals overturned a West Virginia decision rejecting Cabell County and the city of Huntington's claims against U.S. drug distributors, remanding the case to the U.S. District Court in Charleston.
- In 2021, Cabell County recorded 1,059 emergency responses to suspected overdoses and at least 162 deaths, which plaintiffs allege show a public health crisis worsened by AmerisourceBergen Drug Co., Cardinal Health Inc. and McKesson Corp.'s failures to monitor shipments and ignore addiction signs.
- Last year, the appeals court asked the West Virginia Supreme Court whether conditions from controlled substance distribution can constitute a public nuisance, while U.S. District Judge David Faber said extending nuisance law to opioid marketing conflicts with its history.
- Under West Virginia law, abatement can require defendants to pay for harm reduction, and the plaintiffs sought more than $2.5 billion while many nationwide deals exceed $50 billion.
- With mixed trial outcomes, the appeals court noted the West Virginia Mass Litigation Panel has sometimes allowed nuisance claims, but warned `create an avalanche of activist litigation` could occur if law expands, critics say.
66 Articles
66 Articles
Federal appeals court resurrects West Virginia opioid lawsuit
The US Court of Appeals for the Fourth Circuit on Tuesday vacated a 2022 district court judgment in City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation et al, holding that West Virginia common law permits public nuisance claims based on “the conditions resulting from the over-distribution of opioids.” The case will now return to the district court for reconsideration under corrected legal standards, with the distributors pote…
Federal appeals court vacates decision that would have killed Huntington-Cabell opioid case in WV
(Greenleaf123 | Getty Images)A federal court ruling this week is reigniting a legal fight from the city of Huntington and Cabell County against three major drug distributors who the governments allege violated the state’s public nuisance laws through their overprescription of opioids. On Tuesday, the federal Fourth Circuit Court of Appeals issued a ruling vacating and overturning a previous decision from U.S. District Judge David Faber in 2022, …
Opioid Distributors Can’t Shake $2.5 Billion Suit After Ruling
The three largest US opioid distributors must face a $2.5 billion lawsuit alleging they helped fuel a public health crisis in parts of West Virginia, after their victory at a trial was thrown out by a federal appeals court.
Associated Press News
US appeals court overturns West Virginia landmark opioid lawsuit decision
A federal appeals court has overturned a landmark decision in an opioid lawsuit in West Virginia. A lower court judge had rejected attempts by an opioid-ravaged area to be compensated by U.S. drug distributors for a influx of prescription pain pills.
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