NEW YORK, Oct 28 (Reuters) - A U.S. appeals court on
Tuesday revived a $2.5 billion lawsuit against drug distributors
accused of contributing to an opioid addiction crisis in West
Virginia communities, overturning a 2022 victory at trial by the
largest drug suppliers in the U.S.
The 4th U.S. Circuit Court of Appeals ruled that a lower court
incorrectly concluded that Cencora ( COR ), McKesson Corp ( MCK )
and Cardinal Health ( CAH ) did not create a "public
nuisance" by supplying a flood of addictive pills to pharmacies
in Cabell County and the City of Huntington.
The 4th Circuit reopened the case, saying the lower court should
re-evaluate whether the three drug companies should pay for
addiction treatment and prevention efforts in the city and
county, based on their alleged failure to stop "suspicious"
large orders of opioid pills from pharmacies.
Cencora ( COR ), Cardinal Health ( CAH ) and McKesson did not immediately
respond to requests for comment.
Huntington Mayor Patrick Farrell said that the city looks
forward to a new opportunity to hold drug distributors
accountable for "the devastating harm that they have caused our
city and far too many of its families."
The distributors had previously agreed to pay up to $21 billion
to resolve the thousands of lawsuits brought against them by
state and local governments around the country. But communities
in hard-hit West Virginia opted against joining the national
opioid settlement in favor of seeking a bigger recovery.
U.S. District Judge David Faber had ruled in favor of the
three drug companies in 2022, finding that West Virginia's
"public nuisance" law did not create liability for companies
that sold prescription drugs, and concluding that the three
companies had complied with their duty to report suspicious drug
orders to U.S. regulators. The 4th Circuit reversed both those
findings.
The appeals court found that the three drug companies
repeatedly shipped opioids to pharmacies in quantities that
exceeded the distributors' own thresholds for "suspicious"
orders, without reporting the sales to the U.S. Drug Enforcement
Administration.
For example, Cencora ( COR ), formerly known as AmerisourceBergen,
supplied 775 potentially suspicious orders from a single
pharmacy in Cabell County over a five-year period, but it only
reported 16 of those orders to the DEA, according to the 4th
Circuit.