Brendan Pierson
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Thomson Reuters
Brendan Pierson studies on product legal responsibility litigation and on all areas of well being care regulation. He could be reached at brendan.pierson@thomsonreuters.com.
March 1 (Reuters) – Drug distributors Cardinal Well being Inc (CAH.N), McKesson Corp (MCK.N) and JM Smith Corp on Wednesday prevailed at trial in Georgia in a case introduced by households of opioid addicts accusing the businesses of appearing as drug sellers.
A jury in Glynn County Superior Court docket handed down the decision after two days of deliberations, based on Courtroom View Community, which carried stay video of the trial. It was the primary trial of opioid claims introduced by particular person plaintiffs, slightly than authorities entities.
“We’re happy with the jury’s choice, which confirms {that a} regulation meant to use to avenue sellers of unlawful medicine can’t be utilized in a misguided assault” on distributors of federally licensed medicine, Cardinal mentioned in an announcement.
McKesson known as the decision “the suitable end result based mostly on the regulation and proof.”
A lawyer for the plaintiffs didn’t instantly reply to a request for remark.
The 21 plaintiffs embody youngsters whose mother and father died of overdoses, a lady whose grandson was born with opioid habit signs and died at one month previous, and a lady who was raped as a teen however obtained no assist from her opioid-addicted mom.
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Plaintiffs mentioned the distributors fueled unlawful opioid use by filling illegitimate pharmacy orders and failing to report suspicious opioid purchases to regulation enforcement, as required by the federal Managed Substances Act.
Litigation by greater than 3,300 state, native and tribal governments in opposition to opioid producers, distributors and pharmacies has resulted in additional than $50 billion in settlements.
In contrast to these lawsuits, which accused firms of making a public nuisance by failing to stem the move of unlawful opioids, the Georgia plaintiffs introduced their claims underneath the state’s Drug Seller Legal responsibility Act, which permits individuals injured by unlawful drug use to sue sellers.
Greater than half 1,000,000 individuals died from overdoses in america within the interval from 1999 to 2020, based on the U.S. Facilities for Illness Management and Prevention. The company has mentioned opioid overdoses surged additional in the course of the COVID-19 pandemic, growing 38% in 2020 over the earlier yr and one other 15% in 2021.
Reporting By Brendan Pierson in New York, Modifying by Alexia Garamfalvi, Himani Sarkar and David Gregorio
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