Appeals Court Revives $2.5B West Virginia Opioid Distributor Lawsuit

The Fourth Circuit Court of Appeals has revived a significant public nuisance lawsuit filed by the City of Huntington and Cabell County against major opioid distributors AmeriSource Bergen (now Cencora), Cardinal Health, and McKesson, overturning a 2022 district court ruling that had favored the distributors. The appeals court found that the distributors could be held liable under West Virginia common law, as their over-distribution of opioids constituted a public nuisance and that they failed to properly report suspicious opioid orders to the DEA, violating the federal Controlled Substances Act. This ruling allows the local governments to seek up to $2.5 billion in abatement funds to address the opioid crisis, with a 15-year plan proposed to clean up the resulting damage. Huntington Mayor Patrick Farrell and local attorneys expressed optimism about holding the distributors accountable and providing relief to the community, emphasizing that the case now has a clearer legal path forward. The case was remanded to U.S. District Judge David Faber for reconsideration of the evidence under the correct legal standards. This decision marks a renewed opportunity for Huntington and Cabell County to pursue justice beyond the national opioid settlement, which they had declined in hopes of a larger recovery.