CHARLESTON — Federal Judge David Faber denied a handful of motions for judgment on partial findings in an opioid lawsuit filed by the city of Huntington against opioid manufacturers that went to trial last July and is still awaiting a verdict.
"Pending before the court are several motions for judgment on partial findings, pursuant to Federal Rule of Civil Procedure 52(c)," Faber's March 30 order states. "Having decided that it will make its findings on the full record of the trial pursuant to Rule 52(a), the court DENIES the motions under Rule 52(c)."
In July, the case went to trial and after 38 days, it was turned over to Faber to decide. During the bench trial, Cardinal Health, McKesson and AmerisourceBergen denied they contributed to the opioid epidemic in the state.
Faber
Plaintiffs argued that millions of opioid pills were sent to the Huntington area, which has had a population of less than 100,000. There have been thousands of opioid deaths just in the last five years alone.
The plaintiffs are seeking more than $2 billion to implement sufficient programs in the community to help with addiction and address the effects of substance use disorders in the community.
During closing arguments in July, attorney Paul Farrell told Faber has much evidence to go on when he makes his decision in the case.
“There is voluminous evidence that you can draw on,” Farrell said during the closing arguments. “Elements that we tick off as we go down our list of evidence, this is the framework of the puzzle.”
Farrell showed evidence at the trial that 10 percent of Huntington’s population is fighting active addiction. He also pointed out how Nathan Hartle, a former vice-president of regulatory affairs and compliance at McKesson, had said it was common sense that more pills being put out there meant more potential for diversion.
The defendants maintained they weren't liable, noting during the trial that they followed regulations and protocols.
U.S. District Court for the Southern District of West Virginia case number: 3:17-cv-01362
