Large Opioid Suppliers Must Face West Virginia Nuisance Suit (1)

AmeriSource Bergen Drug Corp., Cardinal Health Inc., and McKesson Corp. must defend a claim by West Virginia localities for allegedly creating a public nuisance by shipping excessive quantities of opioids into their jurisdictions.

Conditions resulting from the drugs’ over-distribution can constitute a public nuisance under West Virginia common law, the US Court of Appeals for the Fourth Circuit said Tuesday, reviving the government entities’ claim. The court vacated a lower court ruling that the suit was barred as a matter of law and remanded the case for further proceedings.

The decision “is nationally significant because while the ruling ...