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Attorney General Mike DeWine
DeWine Files Lawsuit
Against Opioid Distributors
(COLUMBUS, Ohio)—Ohio Attorney General Mike DeWine today filed a
lawsuit against four major prescription opioid distributors in Madison
County Court of Common Pleas. The lawsuit alleges that the drug
companies engaged in unsafe distribution practices that ignored their
responsibility under law to provide effective controls against opioid
diversion.
"We believe the evidence will show that these companies ignored their
duties as drug distributors to ensure that opioids were not being
diverted for improper use. They knew the amount of opioids allowed to
flow into Ohio far exceeded what could be consumed for
medically-necessary purposes, but they did nothing to stop it," said
Ohio Attorney General Mike DeWine. “And much like the drug
manufacturers who continue to fail to do the right thing, these
distributors are doing precious little to take responsibility for their
actions and help pay for the damage they have caused."
The four distributors which are listed as defendants include:
McKesson Corporation
Cardinal Health, Inc., and its subsidiaries
AmerisourceBergen Drug Corporation
Miami-Luken, Inc.
The lawsuit alleges, among several counts, that the drug companies were
negligent and created a public nuisance by using unsafe distribution
practices and by irresponsibly oversupplying the market in and around
Ohio with highly-addictive prescription opioids. The companies are
alleged to have failed to act upon their responsibilities under both
federal and Ohio law to stop such orders that would result in
oversupply and report these suspicious orders to the United States Drug
Enforcement Agency (DEA) and the Ohio Board of Pharmacy. The lawsuit
also alleges that the companies should have known that the volume of
opioids supplied far exceeded what could be responsibly used in markets
in Ohio and would likely have contributed to the opioids being
illegally diverted and abused. This behavior directly fueled the opioid
epidemic Ohio is currently facing.
In the lawsuit, Attorney General DeWine is seeking a number of remedies
including punitive damages as well as compensatory damages for costs
incurred by Ohio for its increased spending for healthcare, criminal
justice, social services, and education. The lawsuit also seeks to
enjoin the defendants from further improper conduct by complying with
reporting requirements for suspicious orders and to undertake more
complete reporting of suspicious orders to the DEA and the Ohio Board
of Pharmacy as well as the Ohio Attorney General’s Office.
The lawsuit was filed in Madison County, which has consistently had a
higher number of opioids distributed to it than the statewide average.
In 2016, the last year for which data is available, an average of more
than 76 opioid doses was distributed for every man, woman, and child in
Madison County, a rate that was 39% higher than the Ohio statewide
average for that year.
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