In a landmark decision, the Ohio Supreme Court has ruled against counties bringing public nuisance claims under product liability laws, potentially reversing a significant $650 million opioid judgment against major pharmacy chains.
The recent ruling by the Ohio Supreme Court has set a crucial legal precedent, determining that the state’s product liability law does not support public nuisance claims against national pharmacy chains. This decision arises from a lawsuit brought by Lake and Trumbull counties, which had initially secured a $650 million judgment against CVS, Walgreens, and Walmart. The counties had argued that these pharmacies played a substantial role in the opioid crisis, labeling them as contributors to a public nuisance through their dispensing practices.
Justice Joseph Deters, in his opinion, articulated that the Ohio Product Liability Act (OPLA) was intended by state lawmakers to eliminate all common law product liability claims, including those seeking only equitable relief. The ruling impacted the counties’ efforts to hold pharmacies accountable for their alleged role in the opioid epidemic, as they sought non-compensatory damages to address the widespread crisis.
Despite the near-unanimous decision, two Democratic justices dissented on a specific point. Justice Melody Stewart, joined by Justice Michael Donnelly, noted that while an abatement award might be extensive, it should not constitute compensatory damages. They emphasized that the severity and longevity of the opioid crisis warrant substantial measures, separate from compensatory damages, to address the issue.
The plaintiff’s co-liaison counsel, Peter Weinberger, expressed the plaintiffs’ profound disappointment, highlighting the ruling’s potentially severe implications for public efforts to manage corporate malfeasance. Weinberger pointed out that public nuisance claims had previously been effective in securing nearly $60 billion in opioid settlements nationwide, including close to $1 billion specifically for Ohio. He assured that the litigation would persist through other legal channels, signaling a continued commitment to hold accountable those allegedly responsible for the crisis.
Previously, a federal judge had determined that funds from the judgment against the pharmacies would be allocated to combat the opioid epidemic, outlining extensive financial plans for Lake and Trumbull counties. Lake County was poised to receive $306 million over 15 years, while Trumbull County was set to receive $344 million. Furthermore, an immediate payment of nearly $87 million was intended to cover the initial years of these commitments.
The legal battle had reached a significant milestone in 2021, when a jury found in favor of the counties after a six-week trial, making it the first instance where pharmacy companies contested their involvement in the drug crisis through a complete trial. The plaintiffs had successfully convinced the jury of the pharmacies’ significant role in the public nuisance posed by the improper dispensation of pain medications.
The Ohio Supreme Court’s decision represents a significant shift in legal strategy concerning opioid litigation. While the ruling poses challenges for counties aiming to hold pharmacies accountable under public nuisance claims, the plaintiffs remain determined to explore alternative legal pathways in their ongoing battle against the opioid crisis. As this legal landscape evolves, communities across the nation will keenly observe the implications for future accountability in the pharmaceutical industry.
Source: Apnews
