Huntington/Cabell County opioid concerns case to be heard by WV Supreme Court of Appeals

HUNTINGTON, W.Va. (WSAZ) – A legal case involving the city of Huntington’s and Cabell County’s concerns about three of the nation’s three largest opioid distributors allegedly fueling regional drug issues will be heard by the West Virginia Supreme Court of Appeals.

Huntington Mayor Steve Williams made that announcement Monday about the city’s and county’s case against AmerisourceBergen, Cardinal Health, and McKesson.

The Fourth Circuit Court of Appeals has requested the West Virginia Supreme Court to review the case.

Williams released the following statement Monday:

“Today, the Fourth Circuit asked the Supreme Court of Appeals of WV if conditions caused by the distribution of a controlled substance (i.e., opioids) constitute a public nuisance giving rise to a viable claim under West Virginia law. In doing so, the Court requested the Supreme Court of Appeals to consider the question keeping in mind the extent and ongoing opioid crisis in the City of Huntington and Cabell County. As reflected in the order, the Court took note of our arguments that, as in many other states, West Virginia trial courts have repeatedly allowed government entities to bring public nuisance claims concerning opioids and, if proven, can be recognizable claims against distributors of opioids. We remain hopeful that the Court will find under West Virginia law, the City of Huntington and Cabell County had the right to file its claim that distributors of opioids can be held accountable for flooding the market with opioids and the resulting devastation of the opioid epidemic.”

The city of Huntington has contended that, according to West Virginia’s common law, conditions caused by a controlled substance can “constitute a public nuisance.”

According to a city news release, “this appeal was filed in response to the district court findings that West Virginia’s common law of public nuisance did not cover the plaintiff’s claims and rejected plaintiff’s 15-year abatement plan to address the opioid crisis in Cabell County.”

Both the city of Huntington and Cabell County have contended they have been “among the West Virginia communities hardest hit by the opioid epidemic” — alluding to increased crime rates and decreased property values, more than 10 percent of the population being addicted to opioids, and more than 1,000 overdose deaths between 2001 and 2018.

For previous coverage >>> Opioid ruling impact ripples across W.Va.

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