By Isabella Simon, Staff Writer
The opioid epidemic has been devastating our country and ravishing our communities for the past two decades. On average, 130 Americans die every day from an opioid overdose, and although there have been prior efforts to combat this problem, two Ohio counties decided to take their efforts to court.[1]
Originally filed through the office of the former Ohio Attorney General, now Governor Mike DeWine, both Cuyahoga and Summit Counties brought suit against five pharmaceutical companies that produced and distributed opioids.[2] This case combined more than 2,300 individual claims and was the first of its kind, viewed as a “litmus test” that would help future courts tackle this complex litigation. [3]
The claims brought forth by the two counties stated that drug manufacturers exaggerated the advantages of the drugs, diminished the potential of addiction, and accused distributors of poorly screening suspicious opioid orders.[4] These claims, along with several others, were set to be heard in front of a jury on October 21, 2019 in Cleveland’s U.S. District Court before the Honorable Judge Dan Polster.[5] On the eve of trial, right before midnight, a $260 million settlement was reached with four of the five companies.[6] Whether the outcome will benefit future litigation remains to be seen.
Of the companies that settled, AmerisourceBergan, Cardinal Health, and McKesson pledged to pay $215 million, and the fourth, Teva Pharmaceuticals, will pay $20 million in cash and $25 million in addiction and overdose treatments to both counties respectively.[7] The money will be split between the counties based on population giving 38% to Summit county, and 62% to Cuyahoga County.[8] Specifically, the money will be funneled to various social service organizations that are overwhelmed with the demand for counseling services, and treatments like suboxone and methadone.[9]
Although these companies agreed to pay out, there was no admission as to the alleged wrongful actions taken by the companies.[10] Of the five companies, Walgreens was the outlier who did not settle.[11] The company will be included in a second trial the counties plan to hold, along with other large corporations like Walmart, CVS and Rite Aid.[12]
With Ohio having the second highest rates for opioid deaths in the nation, this settlement will likely serve as a standard for future litigation, likely informing the pending case against Walgreens, Walmart, CVS, and Rite Aid.[13] The attorneys for Summit County following the settlement stressed to news outlets that “the deal involved only the two counties and was not a ‘global resolution’ to the nationwide litigation.”[14]
But although these attorneys emphasized that this is not a “global resolution” could it still have the effect of one? [15] Will this settlement be seen as a way for pharmaceutical companies and distributors to pay out and avoid addressing their wrongful actions and their role in facilitating this epidemic? Both Cuyahoga and Summit County executives expressed a common theme: the relief is welcomed, but the fight for justice for those effected is not over.[16] The counties plan to continue to pursue claims against pharmacy defendants to further comprehend the wrongdoing and failure that occurred in the industry.[17]
These companies need to be held accountable for what they have done to local communities, but does this settlement provide adequate and just relief for the lives that were lost, and the families that were devastated by this epidemic in both Cuyahoga and Summit counties? Although the settlement is not a permanent solution, had the case gone to trial, that relief may never have come. Ohio alone experienced 39.2 opioid related deaths per 100,000 persons in 2017, compared to the average national rate for that year of 14.6 per 100,000 persons.[18] Relief to local communities is a great step, but future litigation will determine if that relief it is enough to help curb this epidemic.
[1] https://www.cdc.gov/drugoverdose/epidemic/index.html
[2] https://www.workingpartners.com/over-600-lawsuits-against-opioid-companies-become-one-federal-court-case/
[3] https://www.nytimes.com/2019/10/20/health/opioids-trial-cleveland.html
[4] https://www.workingpartners.com/over-600-lawsuits-against-1opioid-companies-become-one-federal-court-case/
[5] https://www.nytimes.com/2019/10/20/health/opioids-trial-cleveland.html
[6] https://www.usatoday.com/story/news/nation/2019/10/21/opioid-trial-settlement-report/4051076002/
[7] https://www.npr.org/sections/health-shots/2019/10/21/771847539/opioid-trial-4-companies-reach-tentative-settlement-with-ohio-counties
[8] https://www.wkyc.com/article/news/local/northeast-ohio/opioid-settlement-brings-big-reaction-in-cleveland-weve-been-suffering-for-years/95-8dbcd0bd-d2e5-4b6c-a042-a5d5e3ab5f93
[9] https://www.npr.org/sections/health-shots/2019/10/21/771847539/opioid-trial-4-companies-reach-tentative-settlement-with-ohio-counties
[11] https://www.cleveland.com/news/2019/10/four-drug-companies-reach-settlement-to-avoid-first-federal-opioid-trial-in-cleveland.html
[12] Id.
[13] https://www.drugabuse.gov/opioid-summaries-by-state/ohio-opioid-summary
[14] https://www.wkyc.com/article/news/local/northeast-ohio/opioid-settlement-brings-big-reaction-in-cleveland-weve-been-suffering-for-years/95-8dbcd0bd-d2e5-4b6c-a042-a5d5e3ab5f93
[15] https://www.usatoday.com/story/news/nation/2019/10/21/opioid-trial-settlement-report/4051076002/
[16] https://www.wkyc.com/article/news/local/northeast-ohio/opioid-settlement-brings-big-reaction-in-cleveland-weve-been-suffering-for-years/95-8dbcd0bd-d2e5-4b6c-a042-a5d5e3ab5f93
[17] Id.
[18] https://www.drugabuse.gov/opioid-summaries-by-state/ohio-opioid-summary##targetText=Opioid%2DInvolved%20Overdose%20Deaths&targetText=There%20were%204%2C293%20reported%20deaths,710%20deaths%20reported%20that%20year.
