Opioid Lawsuit: MDL Judge Maps Out New Trials

Opioid Lawsuit: MDL Judge Maps Out New Trials

Introduction

On Tuesday, the Ohio federal judge Dan Aaron Polster, guiding multidistrict opioid litigation, targeted several cases as good candidates for future bellwether trials.

According to a five-page order published, Judge Polster said that he would be presiding over a month-long trial that will begin on October 13, 2020. The trial includes the northern Ohio counties of Cuyahoga and Summit, as the plaintiffs and five groups of pharmacy companies, including CVS Health Corp., Rite Aid Corp., and Walgreen Co. as the defendants. The pharmacy companies censured the idea of involving the Ohio counties, as they had already enclosed roughly $325 million through settlements with drug manufacturers and distributors. The companies also objected to letting the counties extend their existing allegations of improper distribution by pharmacies with allegations of improper dispensing, which was hindered by Judge Polster.

Judge Polster also recommended the Judicial Panel on Multidistrict Litigation to remand three sets of cases for bellwether trials. The cases would test the city of Chicago's allegations against opioid manufacturers in Illinois federal court; the city and county of San Francisco's allegations against manufacturers, distributors, and pharmacies in California federal court; and the Cherokee Nation tribe's case against distributors and pharmacies in Oklahoma federal court.

The cases, involving plaintiffs Florida's West Boca Medical Center; a proposed class of infants whose mothers used opioids while pregnant; and a union benefit plan called Cleveland Bakers & Teamsters Health & Welfare Fund, that would test the ability of different types of plaintiffs, were also selected on Tuesday. 

Opioid lawsuits consolidated under MDL No. 2804 (In Re: National Prescription Opiate Litigation), presided by U.S. District Judge Dan Polster.