Federal Jury Finds CVS, Walgreens, Walmart Pharmacies Contributed to Opioid Crisis

A federal jury ruled Tuesday that the CVS, Walgreens and Walmart pharmacies recklessly distributed pain medication in two Ohio counties, contributing to an opioid crisis that has more and more local U.S. governments calling for accountability from suppliers, the Associated Press reported.

The three companies' pharmacies did not deter the flow of pills that resulted in hundreds of deaths by overdose and costs of about $1 billion for Lake and Trumbull counties, their attorney said. This was the first time pharmacy companies defended their role, or their lack of one, in court, the AP said. A federal judge will decide in the spring how much the three pharmacies will pay in damages.

Attorneys for the three companies argued that the pharmacy chains established policies aimed at stemming pill distribution and flagging authorities about any suspicious orders when concerns were brought up by pharmacists. They also said it was up to doctors to determine how many pills to prescribe for patients, the AP said. But the jury sided with the counties, which maintained that the pharmacies' distribution of the pain pills played an extensive role in creating a crisis.

The two Ohio counties also sued Pittsburgh-based Giant Eagle and Rite Aid for their roles in the local opioid crisis, but both companies decided to settle the lawsuits. In a statement afterward, Giant Eagle denied playing a role in the opioid crisis but acknowledged its significance and the "hard work of the public officials working to address the harms."

Giant Eagle added that it will "continue helping the communities in which it operates to address the opioid crisis in a productive way."

For more reporting from the Associated Press, see below.

Attorney Mark Lanier, who represented the Ohio counties in the lawsuit, said during the trial that the pharmacies were attempting to blame everyone but themselves.

The opioid crisis has killed half a million Americans over the past two decades. It 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.

Roughly 80 million prescription painkillers were dispensed in Trumbull County alone between 2012 and 2016—equivalent to 400 for every resident.

In Lake County, some 61 million pills were distributed during that period.

The rise in physicians prescribing pain medications such as oxycodone and hydrocodone came at a time when 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.

The problem, he said, was that "pharmaceutical manufacturers tricked doctors into writing way too many pills."

The counties said pharmacies should be the last line of defense to prevent the pills from getting into the wrong hands.

They didn't hire enough pharmacists and technicians or train them to stop that from happening and failed to implement systems that could flag suspicious orders, Lanier said.

The trial before U.S. District Judge Dan Polster in Cleveland was part of a broader constellation of federal opioid lawsuits—about 3,000 in all—that have been consolidated under the judge's supervision. Other cases are moving ahead in state courts.

It was one of five trials so far this year in the U.S. to test claims brought by governments against parts of the drug industry over the toll of prescription painkillers.

Trials against drugmakers in New York and distribution companies in Washington state are underway now. A trial of claims against distribution companies in West Virginia has wrapped up, but the judge has not yet given a verdict.

Earlier in November, a California judge ruled in favor of top drug manufacturers in a lawsuit with three counties and the city of Oakland. The judge said the governments hadn't proven that the pharmaceutical companies used deceptive marketing to increase unnecessary opioid prescriptions and create a public nuisance.

Also in November, Oklahoma's supreme court overturned a 2019 judgment for $465 million in a suit brought by the state against drugmaker Johnson & Johnson.

Other lawsuits have resulted in big settlements or proposed settlements before trials were completed.