Pa. appeals court blocks independent DAs’ opioid lawsuits

Pennsylvania’s Commonwealth Court has sided with the Pennsylvania attorney general and halted independent opioid-related lawsuits by district attorneys in Philadelphia and Allegheny County.

In the ruling, announced Friday, the court said the office of Attorney General Michelle Henry has the superseding authority as “chief law officer,” a ruling that effectively means the two independent lawsuits against opioid manufacturers cannot move forward.

Ms. Henry said this means a payout to the state of $1.07 billionfrom drug manufacturerswill proceed.

The Post-Gazette has reached out to county District Attorney Stephan A. Zappala Jr.’s office for comment on the ruling and whether it can be appealed.

The pair of lawsuits came after a joint suit against opioid manufacturers and distributors resulted in a multibillion-dollar settlement last year involving multiple states. Companies including Cardinal, McKesson and AmerisourceBergen were involved in the settlement.

“The court’s decision also affirms that the district attorneys are bound to the terms of the multibillion-dollar opioid settlements led by my office and agreed upon by all 67 counties in Pennsylvania, including Allegheny and Philadelphia, as we have consistently maintained,” Ms. Henry said. “Pennsylvania can receive up to $1.07 billion from those settlements if all counties and other litigating governmental entities, like the district attorneys, participate. This decision moves Pennsylvania closer to receiving that entire amount.”

Ms. Henry added that money from the settlement will “bolster resources for people in recovery, pay for lifesaving medications, improve networks of care for families who have lost a loved one, and help remove stigma barriers that often prevent persons in need from seeking help.”