Dec 10 (Reuters) - Ohio's top court ruled on Tuesday
that pharmacy chain operators CVS, Walmart ( WMT ) and
Walgreens could not be held liable for fueling an opioid
epidemic in two counties in the state that won a $650.9-million
judgment against them.
The Ohio Supreme Court held on a 5-2 vote that a state law
barred Lake and Trumbull counties' claims that the dispensing of
addictive pain medications by the pharmacy chains created a
public nuisance that the companies should be forced to address.
Justice Joseph Deters, writing for the majority, said the
court recognized that the deadly epidemic had touched the lives
of people throughout Ohio and "undoubtedly has far-reaching
consequences for their communities and for the state as a
whole."
"Creating a solution to this crisis out of whole cloth is,
however, beyond this court's authority," Deters wrote.
He said an amendment to the Ohio Products Liability Act that
the state legislature adopted in 2007 barred all common-law
public nuisance claims based on the sale of products that seek
compensation from a product's manufacturer or supplier.
Representatives for the companies and counties did not
immediately respond to requests for comment.
The case was the first the three pharmacy operators had
faced at trial of the thousands of lawsuits filed by states and
local governments against drugmakers, distributors and
pharmacies over the U.S. opioid addiction epidemic.
A federal jury in Cleveland concluded in 2021 that an
oversupply of addictive pain pills and the diversion of those
opioids to the black market created a public nuisance in the
counties, and that the pharmacies helped cause it.
U.S. District Judge Dan Polster, who oversees the federal
litigation over the opioid epidemic, ordered CVS, Walmart ( WMT ) and
Walgreens following the trial to pay a combined $650.9 million
to help the two counties address, or abate, the harms caused by
the epidemic.
The companies appealed, prompting the 6th U.S. Circuit Court
of Appeals last year to ask the Ohio Supreme Court to review the
matter, saying it raised "novel and unresolved questions" of
state law that it should address first.