CHARLESTON — A trial involving opioid distributors and several West Virginia cities and counties has been postponed after Monday's decision in another opioid case.
Both sides agreed to postpone, even though the trial was set to begin in Kanawha County, MetroNews reported.
On Monday, after nearly a year, District Judge David Faber ruled in favor of AmerisourceBergen, Cardinal Health and McKesson, saying that they didn't cause the opioid epidemic in Huntington and Cabell County.
“The opioid crisis has taken a considerable toll on the citizens of Cabell County and the City of Huntington,” Faber wrote in the ruling. “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.
“In view of the court’s findings and conclusions, the court finds that judgment should be entered in defendants’ favor.”
Huntington and Cabell filed the lawsuit against AmerisourceBergen, Cardinal Health and McKesson in 2017, arguing that they should be held accountable for the part they allegedly played in the opioid epidemic in the city and the county after they sent more than 540,000 opioids every month to pharmacies across the county and city.
Huntington Mayor Steve Williams said Tuesday on Talkline that he was disappointed with the verdict.
"I'm more determined than ever," Williams said. "And we will carry on. We'll figure out the next steps and we will move forward."
A two-month bench trial took place last summer. The two cases are related to thousands of other lawsuits that have been filed in recent years across the nation.
Cabell County and Huntington, its county seat, had accused AmerisourceBergen, Cardinal Health and McKesson of creating a public nuisance through their wholesale distribution of prescription opioids.
The plaintiffs sought relief in the form of abatement of the alleged nuisance. Huntington and Cabell County were seeking more than $2.5 billion for an abatement plan to address opioid addiction.
Huntington was represented by Anne Kearse, Joseph Rice, Linda Singer and David Ackerman of Motley Rice and Rusty Webb of Webb Law Centre. Cabell County was represented by Paul Farrell Jr. of Farrell Law, Anthony Majestro of Powell & Majestro and Michael Woelfel of Woelfel & Woelfel.
AmerisourceBergen was represented by Gretchen Callas of Jackson Kelly and Robert Nicholas and Shannon McClure of Reed Smith. Cardinal Health was represented by Enu Mainigi, F. Lane Heard III and Ashley Hardin of Williams & Connolly. McKesson was represented by Mark Lynch, Christian Pistilli, Laura Wu and Megan Crowley of Covington & Burling.
Williams has not stated if the city will appeal the ruling.
