WINFIELD – West Virginia Attorney General Patrick Morrisey’s office has filed a civil lawsuit accusing Kroger of helping fuel the state’s opioid crisis.
The complaint, filed August 23 in Putnam Circuit Court, names The Kroger Co., Kroger Limited Partnership I dba Peyton’s Southeastern and Kroger Limited Partnership II dba Peyton’s Northern as defendants. The State of West Virginia is the plaintiff.
“The defendants reaped billions of dollars in revenues while causing immense harm to the State of West Virginia and its citizens, and now they should pay for their role in the crisis and act to remediate the problem,” the complaint states. “Kroger played a dual role in fostering the opioid epidemic as both a pharmacy dispensing opioids to the public and as a wholesale distributor taking orders from and shipping orders to its own pharmacies.
Morrisey
“Acting as a distributor, Kroger filled suspicious orders of prescription opioids of unusual size, orders deviating substantially from a normal pattern and orders of unusual frequency from its own pharmacies.”
The 31-page complaint says Kroger shipped and distributed the drugs in West Virginia and failed to report or stop shipment of suspicious orders while also failing to report or act to stop diversion that was evident to it and “supplied far more opioids to their pharmacies than could have served a legitimate market for these drugs.”
The complaint says Kroger was among the top 10 opioid distributors in West Virginia. From 2006 to 2014, it distributed opioids equivalent to 361,960,082 milligrams of morphine or the equivalent of 24,130,672 10mg oxycodone pills to 43 pharmacies in the state.
But, it says Kroger also ordered additional opioids from Cardinal Health and McKesson totaling 508,611,952 milligrams of morphine or 33,907,463 10mg oxycodone pills.
The complaint accuses Kroger of deceptive acts or practices in violation of the West Virginia Consumer Credit and Protection Act and common law public nuisance.
The state seeks judgment in the form of temporary relief, a preliminary injunction and permanent injunction ordering Kroger to cease its alleged unlawful conduct, equitable relief including restitution and disgorgement, civil penalties of up to $5,000 for each repeated and willful violation of state code, pre- and post-judgment interests, court costs, attorney fees and other relief. It also seeks an order abating the public nuisance and ordering any injunctive relief.
Morrisey briefly addressed the lawsuit during an August 24 press conference. He said Kroger had been uncooperative in turning over documents to his office.
“We believe it’s important to hold entities accountable for the role they played in the opioid crisis,” Morrisey said Wednesday. “We’re going to be aggressive and make sure everything we do is consistent with the law.”
Morrisey declined further comment on the case, and Kroger did not return messages seeking comment.
The case is being handled by Deputy AG Ann Haight, Deputy AG Vaughn Sizemore, Assistant AG Laurel Lackey and Assistant AG Abby Cunningham. The case has been assigned to Circuit Judge Phillip Stowers.
Another trial against Walmart, CVS and Walgreens is scheduled to begin September 26 in state court. Rite Aid was a defendant in that case as well, but Morrisey’s office settled with the company for $30 earlier this month.
Putnam Circuit Court case number 22-C-111
