The Ohio Supreme Court said on Tuesday that big chain pharmacies could not be sued and held liable under Ohio’s public nuisance law for their role in the national opioid addiction crisis.
Instead, the Ohio Product Liability Act trumps the nuisance law for a case like this, the court found.
That means a $650.9 million win in federal court for Trumbull and Lake counties is in jeopardy and it delivers a big win for CVS, Walgreens and Walmart. It also likely will influence cases against the pharmaceutical industry pending in other states.
More than 3,000 lawsuits against makers, distributors and sellers of prescription painkillers were consolidated in U.S. District Court in Cleveland. The National Prescription Opiate Litigation is a massive legal fight over how much money cities, counties and tribal authorities may get to fight the opioid addiction crisis.
The court scheduled 11 “bellwether” trials, including one involving Lake and Trumbull counties against three pharmacy chains.
In November 2021, a jury in federal court found the pharmacy chains liable for creating a public nuisance in Lake and Trumbull counties.
In August 2022, U.S. District Court Judge Dan Polster crafted an “abatement plan” that called for the pharmacy chains paying $650.9 million to the two counties to address the opioid addiction crisis. The money is “equitable relief” − not compensatory damages.
The pharmacies, though, appealed the decision to the 6th Circuit Court of Appeals, arguing that the Ohio Product Liability Act blocked the counties from making a public nuisance claim.
The federal court hit the pause button on the case until the Supreme Court weighed in on the question.
In a 5-2 ruling Tuesday, the Supreme Court said that the Ohio Product Liability Act is the law that addresses public nuisance claims. That law allows for compensatory damages but not equitable relief.
In a dissent, Justices Melody Stewart and Michael Donnelly said that the counties didn’t seek compensatory damages so the product liability law doesn’t apply.
Lawmakers updated the product liability law in 2005 and 2007 to after a public nuisance lawsuit against gun manufacturers.
This story will be updated.
Laura Bischoff is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.
This article originally appeared on The Columbus Dispatch: Ohio Supreme Court decision helps pharmacies in national opioid case