Amy Love

Opinions Editor

aml7458@psu.edu

A new ruling over the opioid crisis has been given in a court in Ohio. On November 23, a jury in Ohio concluded that CVS, Walgreens, and Walmart were responsible for contributing to the ongoing opioid crisis in the United States. There will be another legal proceeding to decide how much these companies will need to pay. 

The two counties, Lake and Trumbull, brought a lawsuit against the three biggest pharmaceutical companies on the basis that “the pharmacies created a public nuisance by failing to ensure opioid prescriptions were valid,” as reported by BBC News. This case is the first to not rule in favor of the companies and to hold them accountable. It was also originally filed in 2018. 

According to AP News, between 2012 and 2016 in Trumbull county there were roughly 80 million prescription painkillers dispensed into the community. In the same years, there were about 61 million prescription painkillers dispensed in Lake County. According to the attorneys for the counties, the three pharmacies are to blame due to them not stopping the flood of pills into the counties. The result of the dispensed pills in the communities led to hundreds of overdose deaths and cost the two counties a fortune to aid the community.  

The attorneys for the pharmacy chains said that they maintained policies to stem the flow of pills when their pharmacists had concerns and would notify authorities about suspicious orders from doctors. They also stated that doctors controlled how many pills were prescribed for legitimate medical needs, not the pharmacies themselves. 

Mark Lanier, the lead attorney for the counties, said that the pharmacies were blaming everyone but themselves. In fact, a spokesperson from CVS, Mike DeAngelis, said, “As plaintiffs’ own experts testified, many factors have contributed to the opioid abuse issue, and solving this problem will require involvement from all stakeholders in our healthcare system and all members of the community.”  

In response to the case, CVS also said the following: “We strongly disagree with the decision. Pharmacists fill legal prescriptions written by DEA-licensed doctors who prescribe legal, FDA-approved substances to treat actual patients in need.” CVS, as well as the other two companies, are going to appeal the verdict.

Additionally, Walmart and Walgreens released similar statements claiming legal erros were committed.The spokesperson for Walmart said that it was a “flawed verdict” and it was a “reflection of a trail that was engineered to favor the plaintiff’s attorneys.” The spokesperson for Walgreens, Fraser Engermen, believes that “the trial court committed significant legal errors in allowing the case to go before a jury.” 

In a statement from the attorneys who represented Lake and Trumbull counties, they described this as a “milestone victory.” They go on to say that “for decades, pharmacy chains have watched as the pills flowing out the doors cause harm and failed to take action as required by federal law. Instead, these companies responded by opening up more locations, flooding communities with pills, and facilitating the flow of opioid into an illegal, secondary market.” 

This is not the only lawsuit that has been brought up to pharmacy chains. In the same counties, Rite Aid and Giant Eagle have already settled lawsuits. Although information is not disclosed of the settlement reached with Giant Eagle, it is known that Rite Aid agreed to pay Trumbull $1.5 million. The amount Rite Aid paid Lake county is also not disclosed. There are also ongoing trials that are against other pharmaceutical companies in Washington State. 

In early November, there was a similar case that was presented to a judge in California, however they ruled in favor of the pharmacies. The judge said that the governments had not proven that the pharmaceutical companies used deceptive marketing to increase unnecessary opioid prescriptions and create a public nuisance.  

The case in California may not have been a victory in creating a remedy for the opioid crisis, but the results of this case were welcomed by the Lake and Trumbull residents. In an interview with CNN, Lake County Commissioner John Plecnik said that “today’s verdict means a lot to Lake County, because it is a substantive step forward to real healing in this epidemic.” Plecnick also goes on to say that ,“this is not just a victory for Lake and Trumbull, it is a victory for all Americans.” 

This is just the beginning to holding those responsible and combating the consequences of the opioid crisis.