The Fourth Circuit Court of Appeals has overturned the district court’s decision in the Cabell County and City of Huntington case.
The ruling establishes that public nuisance claims can be applied to hold defendants accountable for opioid distribution in West Virginia. This is a significant shift in legal strategy.
A statement from Joseph F. Rice on the ruling
“The people of Huntington, W. Va., know the true human cost of the opioid epidemic. While significant strides have been made nationwide, the rate of overdose deaths remains stubbornly high in West Virginia, exceeding that of every other state in the country.
The Fourth Circuit reached the same conclusion we did at the outset of this litigation – the crisis faced by Huntington and its neighbors can constitute a public nuisance under West Virginia law. We, too, hold firm in our belief that opioid distributors and pharmacy benefit managers must be held accountable for their actions and come to the table to fix the damage.
Motley Rice has worked zealously and proudly with our public clients that have been devastated by opioids. We look forward to a new day in court and the chance to apply the law to provide relief to our client and its residents,” stated Motley Rice co-founder Joe Rice.
The lawsuit, consolidated into MDL #2804 with more than 3,000 other claims nationwide, alleges the manufacturers and distributors were responsible for fueling the opioid crisis.