![]() The US Food and Drug Administration approved a reformulated crush-resistant version of oxycodone CR in April 2010. The problem, he said, was "pharmaceutical manufacturers tricked doctors into writing way too many pills.Oxycodone controlled release (CR) and oxymorphone extended release (ER) are frequently prescribed long-acting opioids, which are approved for twice-daily dosing. The rise in physicians prescribing pain medications such as oxycodone and hydrocodone came as medical groups began recognizing that patients have the right to be treated for pain, Kaspar Stoffelmayr, an attorney for Walgreens, said at the opening of the trial. In Lake County, some 61 million pills were distributed during that period. Roughly 80 million prescription painkillers were dispensed in Trumbull County alone between 20 - equivalent to 400 for every resident. The opioid crisis has overwhelmed courts, social services agencies and law enforcement in Ohio's blue-collar corner east of Cleveland, leaving behind heartbroken families and babies born to addicted mothers, Lanier told jurors. Mark Lanier, an attorney for the counties, said during trial that the pharmacies were attempting to blame everyone but themselves. The amounts they paid have not been disclosed publicly. Two chains - Rite Aid and Giant Eagle - settled lawsuits with the counties before trial. "The court committed significant legal errors in allowing the case to go before a jury on a flawed legal theory that is inconsistent with Ohio law and compounded those errors in reaching its ruling regarding damages."ĬVS spokesperson Michael DeAngelis said "We strongly disagree with the Court's decision regarding the counties' abatement plan, as well as last fall's underlying verdict."ĬVS is based in Rhode Island, Walgreens in Illinois and Walmart in Arkansas. Walgreens spokesperson Fraser Engerman said "The facts and the law did not support the jury verdict last fall, and they do not support the court's decision now. Walmart issued a statement Wednesday saying the counties' attorneys "sued Walmart in search of deep pockets, and this judgment follows a trial that was engineered to favor the plaintiffs' attorneys and was riddled with remarkable legal and factual mistakes." They also said it was doctors who controlled how many pills were prescribed for legitimate medical needs not their pharmacies. It was the first time pharmacy companies completed a trial to defend themselves in a drug crisis that has killed a half-million Americans since 1999.Īttorneys for the pharmacy chains maintained they had policies to stem the flow of pills when their pharmacists had concerns and would notify authorities about suspicious orders from doctors. The counties convinced the jury that the pharmacies played an outsized role in creating a public nuisance in the way they dispensed pain medication into their communities. He heard testimony in May to determine damages. ![]() It was then left to Polster to decide how much the counties should receive from the three pharmacy companies. Lake County Commissioner John Hamercheck said in a statement "Today marks the start of a new day in our fight to end the opioid epidemic."Ī jury returned a verdict in November in favor of the counties after a six-week trial. ![]() Trumbull County Commissioner Frank Fuda praised the award in a statement, saying "the harms caused by this devastating epidemic" can now be addressed. It is unclear whether the companies will have to immediately pay the nearly $87 million during their appeals. In his ruling, Polster admonished the three companies, saying they "squandered the opportunity to present a meaningful plan to abate the nuisance" after a trial that considered what damages they might owe.ĬVS, Walmart and Walgreens said they will appeal the ruling. Polster ordered the companies to immediately pay nearly $87 million to cover the first two years of the abatement plan. Trumbull County is to receive $344 million over the same period. Lake County is to receive $306 million over 15 years. Attorneys for the counties put the total price tag at $3.3 billion for the damage done to the counties. District Judge Dan Polster said in the ruling that the money will be used to abate a continuing opioid crisis in Lake and Trumbull counties, outside Cleveland.
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