Judge David A. Faber dismissed the argument made by Cabell County and its seat, Huntington, that three drug distributors bore responsibility for the consequences of an inundation of opioids.
In a legal win for AmerisourceBergen, Cardinal Health and McKesson, Judge David A. Faber dismissed the argument made by Cabell County and its seat, Huntington, that the distributors bore responsibility for the consequences of an inundation of opioids, according to the judge’s order filedThe distributors have denied wrongdoing and have said the painkillers they shipped were prescribed by licensed doctors and filled by pharmacies.
“The opioid crisis has taken a considerable toll on the citizens of Cabell County and the City of Huntington. And while there is a natural tendency to assign blame in such cases, they must be decided not based on sympathy, but on the facts and the law,” Faber wrote in his ruling. “In view of the court’s findings and conclusions, the court finds that judgment should be entered in defendants’ favor.”In the end, Faber ruled that public nuisance statutes had been wrongly applied in the case.
The decision comes nearly a year after lawyers for the defendants and the plaintiffs rested their case in a bench trial held before the judge last summer. Following the trial, the three distributorswith a vast majority of states, counties and cities to resolve most of the lawsuits against them. Communities in West Virginia were not part of that deal. Lawyers involved in the case said they were surprised by the amount of time it took Faber to hand down his decision.
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