Fourth Circuit Revives West Virginia Opioid Lawsuit

Pharmacist presenting a prescription opioid bottle in a pharmacy setting.A major court decision about the opioid crisis in West Virginia has recently been announced. In 2022, a federal judge in southern West Virginia ruled that three large drug distributors — Cencora (formerly AmerisourceBergen), McKesson Corp., and Cardinal Health — were not responsible for creating a “public nuisance” when they sent huge numbers of opioid pills to pharmacies in Huntington and Cabell County.

But the U.S. Court of Appeals for the Fourth Circuit did not agree. In a new ruling, the appeals court said the earlier decision was wrong and sent the case back to the lower court. Huntington and Cabell County can now continue their lawsuit, seeking funds from drug distributors for addiction treatment, prevention, and community services. This ruling is very important for the ongoing West Virginia opioid lawsuits and strengthens efforts to bring Big Pharma accountability to the state.

Cabell County has been one of the hardest-hit areas in the nation during the opioid epidemic. Many families have suffered from addiction, overdoses, and long-term health problems. Local leaders believe that, with this new ruling, the county may finally be able to get more funding for opioid addiction treatment, recovery services, and education programs that could save lives.

Attorney Stephen Skinner, who represents many West Virginia cities and counties in their cases against Big Pharma and major drug distributors, welcomed the appeals court’s decision.

“This case has important implications for our ongoing cases,” Skinner said. “I’m very pleased with the result.”

Skinner hopes this ruling will help West Virginia communities receive the resources they need to continue fighting the opioid crisis and hold distributors responsible for the harm caused by oversupplying opioid drugs.

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