Cherokee Nation Lawsuit To Be Test Case In Opioid Trials

Introduction

In efforts to find a global solution for the nation's opioids epidemic, thousands of lawsuits filed against distributors and pharmacies in the Cherokee Nation are sent back to federal court in Muskogee, where it might become a bellwether test case.

Nearly 2,700 cases are pending in the federal multidistrict court in Ohio, and the Cherokee Nation's lawsuit is one of them. The Cherokee Nation case, along with City and County of San Francisco opioid case moved back to federal courts in Oklahoma and California, respectively. The juries are looking forward to establishing a track record as to how similar cases might get resolved by the courts.

The tribes of Cherokee Nation accused the opioid makers of fueling the opioid epidemic in their tribal territory. An attorney for the nation stated that there were over 350 opioid-related deaths between 2003 and 2014 in the Cherokee Nation.

Opioid distributors opposed making the Cherokee Nation lawsuit a part of the bellwether case.

Earlier, Attorney General Tim Fox filed a lawsuit against McKesson Corp. and Cardinal Health over the opioids crisis in Montana, U.S.

The lawsuit alleges the two major distributors of the painkiller of causing the opioid epidemic throughout the country, which has led to addiction and death. According to the lawsuit, McKesson Corp. and Cardinal Health ignored the drawbacks of the opioids, focusing only on the profits. It also claimed that the companies failed to inform the authorities about the illegal trading of the painkillers in Montana from 2006-2014. The lawsuit has even appealed for civil penalties, damages, and payment against the companies as they have violated Montana’s Unfair Trade Practices and Consumer Act.

Sunny Rodriguez, a spokeswoman for McKesson, said that the company is at no fault for the opioid crisis, and they will effectively face the litigations. Whereas, Fox stated that McKesson and Cardinal have already paid $163 million and $98 million in similar lawsuits.

According to the reports, McKesson and Cardinal are responsible for the shipment of one-third of the opioids traded into Montana between 2006 and 2014. Fox supported the claims by stating that the volume is equivalent to 432 million pills, which shows 10-milligram opioid pills for every man, woman, and child in this state.

A study from the attorney highlight some figures and facts of the crisis like Montana ranked among the top states for per-capita opioid sales from 2006-2011. There have been 700 overdose deaths since 2000 in the state, and the drugs caused 369 deaths from 2011-2013.

On 13th January 2020, Oklahoma Attorney General announced a new lawsuit filed against three distributors of opioids namely, McKesson Corp., Cardinal Health Inc., and AmerisourceBergen Drug Corp. The lawsuit stated that the companies distributed large and unreasonable quantities of opioids throughout the United States. According to the AG, there were 479 prescriptions for opioids per hour, which is enough for each adult in the state to have 156 pills.

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