Lake County emerged victorious in a lawsuit against three retail pharmacy chains they claimed accelerated the supply of opioids into the county.
A federal jury Nov. 23 announced a verdict in favor of Lake and co-plaintiff Trumbull County against CVS, Walgreens and Walmart. Two other companies, Giant Eagle and Rite Aid, previously settled with the two counties.
Attorneys for the counties say that for decades pharmacy chains have “watched as the pills flowing out of their doors cause harm and failed to take action as required by law.
“Instead, these companies responded by opening up more locations, flooding communities with pills, and facilitating the flow of opioids into an illegal, secondary market,” the attorneys said. “The judgment today against Walmart, Walgreens and CVS represents the overdue reckoning for their complicity in creating a public nuisance.”
It’s estimated that 61 million opioid pills were distributed in Lake County between 2012 and 2016. That comes to 265 pills per resident, according to county officials. The officials added that the impact of the opioid epidemic is evident “within countless local agencies, including law enforcement, children services, local courts, coroner and local treatment facilities.”
“Today’s announcement is tremendous news for our families and communities,” Lake County Commissioner Ron Young said in a statement. “Most of us know someone who has been impacted by opioids and future resources will allow the county and our partners to provide increased resources to get people’s lives back on track.”
The trial began in U.S. District Court for the Northern District of Ohio in Cleveland Oct. 4. More than 30 witnesses were presented by the counties and the defendants. Lake and Trumbull counties were selected by the court as a bellwether trial. The lawsuit was one of thousands filed around the country against companies for their alleged roles in fueling the opioid crisis.
“Today’s verdict represents a milestone victory for the Lake County and Trumbull County communities, and the entire country, in the fight against the opioid epidemic,” the county attorneys said in a joint statement following the verdict. “We commend the jurors for their service and their decision to hold pharmacy chains accountable for perpetuating this public health crisis in the first trial outcome in the federal litigation of over 3,000 communities. We also extend our thanks to our clients, the experts and key witnesses who came forward and helped us shine a light on how reckless corporate practices led to the ongoing loss of lives and livelihoods in Ohio.”
Northern District of Ohio Judge Dan Aaron Polster presided over the trial. The amount the pharmacies must pay in damages will be determined by the judge in the spring.
Lake County Alcohol, Drug Addiction, and Mental Health Services Board Executive Director Kim Fraser called the verdict a positive step forward in having the necessary resources to “do the important work of our countless community partners throughout our social services network, law enforcement agencies and medical providers.”
“Our families in Lake County deserve to have the best tools available to them to address the epidemic,” Fraser said.
According to the Associated Press, the attorneys for the three pharmacy chains maintained that they had policies to stem the flow of pills when their pharmacists had concerns and would notify authorities about suspicious orders from doctors. They also argued that it was doctors who controlled how many pills were being prescribed for legitimate medical needs.
Spokespeople for CVSHealth and Walgreen Co. told the Associated Press the companies disagree with the verdict and will appeal.
“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 health care system and all members of our community,” CVS spokesperson Mike DeAngelis said in a statement, the Associated Press reported.
With the verdict, Lake County Commissioner John Plecnik said their work is just beginning “as we continue our efforts to address substance abuse in Lake County.”
“I would like to thank our legal representation and county officials who spent countless hours over the past four years preparing for this most important litigation.”
