The Ohio Supreme Court ruled Tuesday that state product liability law prevents counties from bringing public nuisance claims against national pharmacy chains, effectively overturning a $650 million judgment awarded to Lake and Trumbull counties in a landmark opioid litigation case.
Counties’ Public Nuisance Claims Rejected
In a unanimous decision, the justices interpreted the Ohio Product Liability Act (OPLA) as barring public nuisance claims tied to the sale of products, including opioids, even if the lawsuits seek equitable relief rather than compensatory damages.
“The plain language of the OPLA abrogates product-liability claims, including product-related public-nuisance claims seeking equitable relief,” wrote Justice Joseph Deters in the court’s opinion.
The ruling stems from lawsuits filed by Lake and Trumbull counties against CVS, Walgreens, and Walmart, accusing the pharmacies of contributing to the opioid epidemic by irresponsibly dispensing pain medication.
Initial $650 Million Judgment Overturned
In 2022, U.S. District Judge Dan Polster awarded the counties $650 million to combat the opioid crisis after a jury found the pharmacies guilty of creating a public nuisance. The counties were set to receive $306 million and $344 million over 15 years, respectively, with nearly $87 million payable upfront.
Dissenting Opinions and Concerns
Two Democratic justices partially dissented from the ruling. Justice Melody Stewart, joined by Justice Michael Donnelly, argued that while an abatement award for a public nuisance would be substantial, it should not be equated with compensatory damages barred by the OPLA.
“This ruling will have a devastating impact on communities and their ability to police corporate misconduct,” said Peter Weinberger, co-liaison counsel in the national opioid litigation. He emphasized the importance of public nuisance claims in securing nearly $60 billion in opioid settlements nationwide, including $1 billion in Ohio.
Future Legal Battles Expected
Despite the setback, Weinberger indicated that legal efforts to hold corporations accountable for the opioid epidemic are far from over.
“We remain steadfast in our commitment to holding all responsible parties to account as this litigation continues nationwide,” he said, signaling plans to pursue other legal avenues.
