Tort reform: Amid opioid crisis, drug firm cites WV infant rehab clinic for possible fault

Last edited Thu Aug 10, 2017, 11:40 AM - Edit history (1)

Be sure to read down into that story for the "tort reform" discussion ...

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Amid opioid crisis, drug firm cites WV infant rehab clinic for possible fault

Eric Eyre, Staff Writer
August 9, 2017

In a bid to dilute responsibility for West Virginia’s opioid epidemic, one of the nation’s largest drug distributors is pointing a finger at the most unlikely of targets: Lily’s Place, a Huntington clinic that nurses drug-exposed newborns through withdrawal. ... Cardinal Health has notified a federal judge that Lily’s Place could be “wholly or partially” at fault for diverting opioids for illegal use, if a lawsuit proceeds against the drug wholesaler, according to a notice filed in federal court.

Lily’s Place, a nonprofit that has drawn national attention for its lifesaving work with drug-affected newborns and their mothers, is one of nearly 2,000 organizations, businesses and medical professionals that Cardinal Health asserts could potentially be held accountable for the state’s opioid crisis, according to the company’s recent filing in federal court.

The city of Huntington is suing Cardinal Health and other wholesale drug distributors, alleging that the companies’ prescription painkiller shipments helped fuel a heroin epidemic that has ravaged the town with a record number of fatal overdoses. Lily’s Place has a license to dispense methadone and other controlled substances used to wean babies off opioids.
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The company {Cardinal Health} has seized on a new law — enacted in 2015 and updated last year — that West Virginia legislators touted as “tort reform” designed to make the state more “business-friendly.” The bill’s language was pulled from “model” legislation recommended by the American Legislative Exchange Council, an industry-backed group known for pushing conservative policies nationwide. ... State lawmakers have given the drug companies ammunition to fight against lawsuits filed by cities and counties across the state. The lawsuits seek to hold drug distributors accountable for the opioid epidemic. The wholesalers ship medications from warehouses to pharmacies. ... The new law won’t require doctors and clinics like Lily’s Place to pay damages. Instead, the law allows businesses to dilute monetary damages, if a jury rules against them.
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Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.