BALTIMORE — In a significant legal decision, a jury recently sided with Baltimore, finding that two prominent drug distributors played a crucial role in exacerbating the city’s opioid crisis by distributing hundreds of millions of painkillers. The verdict concluded with an award of $274 million in damages to the city, spotlighting the ongoing national debate over accountability in the opioid epidemic.
The decision came after the jury found that McKesson Corp. and AmerisourceBergen Corp., which together controlled 60% of Baltimore’s opioid market for roughly a decade, were responsible for the public nuisance by unreasonably flooding the market with pain medications. From 2006 to 2019, these companies distributed a staggering 320 million pills of oxycodone across Baltimore.
Legal representatives for Baltimore argued that the influx of these opioids enticed a new generation into addiction, leading to a horrifying increase in deaths as individuals turned to stronger substances like heroin and fentanyl when prescriptions ceased.
Previously, Baltimore had chosen to opt out of a nationwide settlement involving various states and municipalities, pursuing its charges in hopes of a more substantial compensation. This gamble seems to have paid off as the city has already settled with various manufacturers, distributors, and pharmacies to the tune of more than $402.5 million.
Additionally, Baltimore stands to gain even more from the McKesson and AmerisourceBergen case. Circuit Judge Lawrence P. Fletcher-Hill has scheduled an abatement trial for December, where the city will seek up to $11 billion. This trial will determine the extent to which the companies should contribute to alleviating the crisis they’re now held partly accountable for.
The jury dedicated less than two days to deliberations before assigning responsibility, attributing 70% of the public nuisance to McKesson and 27% to AmerisourceBergen, with the remaining blame scattered among other undefined entities. This allocates combined damages of around $266 million to these companies.
Mayor Brandon Scott commended the verdict, stating that it brings the total recoveries from opioid litigation to at least $668.5 million – a significant sum that promises to boost the city’s efforts to tackle the opioid crisis comprehensively. He highlighted the deep scars the epidemic has inflicted on communities across Baltimore, stressing the necessity of holding pharmaceutical giants accountable.
Throughout the trial, which featured extensive testimonies, evidence presentations, and legal arguments, attorneys for McKesson and AmerisourceBergen downplayed the impact of prescription opioids. They pointed to heroin and fentanyl as the primary culprits of addiction issues, attributing the surge in opioid shipments to increased prescriptions authorized by medical professionals. The defense also insisted that their clients operated within legal bounds, distributing FDA-approved medications to duly licensed pharmacies.
Contrastingly, city attorneys criticized the companies for allegedly ignoring their duty to monitor and report questionable drug orders under the federal Controlled Substances Act, accusing them of turning a blind eye to the signs that their products were being diverted onto the streets. Both companies have expressed their disagreement with the jury’s decision and are exploring options for appeal.
As Baltimore prepares for the upcoming abatement proceedings, this case underscores the broader legal and ethical challenges faced in addressing the opioid crisis at both local and national levels. The outcome of this case could potentially set a significant precedent for how distributors are held accountable in future opioid-related litigation.
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