CHARLESTON – Cabell County and the City of Huntington will appeal last month’s federal verdict for the nation’s three largest drug distributors.
Attorneys for Cabell County and Huntington filed the notice of appeal August 2, just a day after the companies – AmerisourceBergen, Cardinal Health and McKesson – signed a $400 million settlement with more than 100 other West Virginia cities and counties.
"Huntington remains resilient in the face of this adverse court decision from a month ago, and we intend to take full advantage of the process provided in our judicial system," Mayor Steve Williams told The West Virginia Record. "Our fight against these companies that were part of a powerful industry that fueled the opioid epidemic will continue on behalf of so many who have lost their lives and livelihoods. We do not give up."
On July 4, U.S. District Judge David Faber ruled in favor of the defendant companies, saying Cabell and Huntington hadn’t proved the companies were at fault for creating a public nuisance, had faulty controls against diversion of opioids and had faulty systems to detect suspiciously large orders.
The state Mass Litigation Panel case for the other cities and counties was scheduled to begin July 5, but it was continued while the sides worked on the settlement agreement that was announced August 1. Cabell County and Huntington are not part of the $400 million state settlement.
Faber’s federal trial took place last summer, but he didn’t issue his ruling until July 4. Settlement talks in the state MLP case heated up following Faber’s ruling, as the parties finalized the terms of the settlement just before opening statements were scheduled to begin.
The state settlement, which requires the approval of the involved counties and cities, will provide funding for combating the opioid crisis and incorporates controls to ensure the funds are spent on recognized methods for abating harms associated with the opioid epidemic.
Because the state proceeded on its own in federal and state courts, West Virginia cities and counties were not able to be involved in the national settlement with the “Big Three” distributors.
Huntington is being represented by Anne Kearse, Joseph Rice, Linda Singer and David Ackerman of Motley Rice and Rusty Webb of Webb Law Centre. Cabell County is being represented by Paul Farrell Jr. of Farrell Law, Anthony Majestro of Powell & Majestro and Michael Woelfel of Woelfel & Woelfel.
AmerisourceBergen is being represented by Gretchen Callas of Jackson Kelly and Robert Nicholas and Shannon McClure of Reed Smith. Cardinal Health is being represented by Enu Mainigi, F. Lane Heard III and Ashley Hardin of Williams & Connolly. McKesson is being represented by Mark Lynch, Christian Pistilli, Laura Wu and Megan Crowley of Covington & Burling.
U.S. District Court for the Southern District of West Virginia case numbers 3:17-cv-01362 (Huntington) and 3:17-cv-01665 (Cabell County) (Federal opioid MDL 1:17-md-02804 in the Northern District of Ohio)