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County prepares for opioid lawsuit

By Tom Giambroni 2 min read

LISBON -- Columbiana County commissioners took additional steps this week as they prepare to join other counties in suing three major drug wholesale distributors being blamed for contributing to the opioid crisis.

First, commissioners adopted a resolution declaring the public problems created by the opioid crisis were a public nuisance, which must first be done before they can proceed with filing a lawsuit against Cardinal Health, AmerisourceBergen and McKesson Corp., drug wholesalers responsible for distributing 85 percent of all opioid painkillers to doctors and pharmacies.

The resolution stated "recent media sources have documented the role of wholesale distributors in contributing to the public health and safety crisis by refusing to abide by federal regulations specifically designed to prevent the diversion of prescription opiates into the illicit market."

Commissioners followed this up by agreeing to retain the law firm of Greene, Ketchum, Farrell, Bailey & Tweel as the national law firm that will represent the counties, with the Cleveland-area law firm of Lancione & Lancione to serve as the local counsel. Two weeks ago commissioners agreed to contract with Lancione & Lancione to represent the county in the federal lawsuit that is to be filed, and the firms are working on a contingency basis, and its fee is 30 percent of any settlement and judgment.

"It doesn't cost anything," said Commissioner Chairman Jim Hoppel following the meeting. "It's going to be like a class-action lawsuit."

The wholesale distributors serve as the middlemen in getting prescription painkiller medication from the manufacturer to doctors and pharmacies. Licensed wholesale drug distributors are required by federal law to investigate excessive and suspicious orders and notify the U.S. Drug Enforcement Agency. The law firms allege the abovementioned distributors failed to perform those duties by "dumping millions of prescription opiates into communities across the country … "

Starting at /week.