Chicago Sun-Times

JURY HOLDS PHARMACIES RESPONSIBL­E FOR ROLE IN OPIOID CRISIS

- BY JOHN SEEWER

CLEVELAND — CVS, Walgreens and Walmart pharmacies recklessly distribute­d massive amounts of pain pills in two Ohio counties, a federal jury said Tuesday in a verdict that could set the tone for U.S. city and county government­s that want to hold pharmacies accountabl­e for their roles in the opioid crisis.

Lake and Trumbull counties blamed the three chain pharmacies for not stopping the flood of pills that caused hundreds of overdose deaths and cost each of the two counties about $1 billion, said their attorney, who in court compared the pharmacies’ dispensing to a gumball machine.

How much the pharmacies must pay in damages will be decided in the spring by a federal judge.

It’s the first time pharmacy companies completed a trial to defend themselves in the drug crisis.

The counties convinced the jury that the pharmacies played an outsized role in creating a public nuisance in the way they dispensed pain medication into their communitie­s.

“The law requires pharmacies to be diligent in dealing drugs. This case should be a wake-up call that failure will not be accepted,” said Mark Lanier, an attorney for the counties.

Attorneys for the pharmacy chains maintained they had policies to stem the flow of pills when their pharmacist­s had concerns and would notify authoritie­s about suspicious orders from doctors. They also said it was doctors who controlled how many pills were prescribed.

CVSHealth, Walgreen Co. and Walmart Inc. said they will appeal.

Walmart said in a statement that the counties’ attorneys sued “in search of deep pockets,” while Deerfield-based Walgreen spokespers­on Fraser Engerman characteri­zed the case as an unsustaina­ble effort “to resolve the opioid crisis with an unpreceden­ted expansion of public nuisance law.”

The company “never manufactur­ed or marketed opioids nor did we distribute them to the ‘pill mills’ and internet pharmacies that fueled this crisis,” Engerman said in a statement.

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