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- Federal Appeals Court Overturns $650M Judgment Against CVS, Walgreens, and Walmart in Ohio Opioid Case
Federal Appeals Court Overturns $650M Judgment Against CVS, Walgreens, and Walmart in Ohio Opioid Case
Appeals court vacates ruling requiring pharmacy chains to pay millions to Ohio counties impacted by the opioid crisis

Ouleymata Sarr, Washington Spirit Women’s Soccer Team
A federal appeals court has overturned a $650 million judgment and injunction against CVS Pharmacy, Walgreens Boots Alliance, and Walmart, which stemmed from a lawsuit filed by two Ohio counties in 2018.
The case began when a Cleveland federal jury determined in November 2021 that the oversupply and diversion of addictive pain pills to the black market caused a public nuisance in Lake and Trumbull counties. The jury concluded that the pharmacy chains played a significant role in fueling the opioid epidemic in those regions.
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In 2022, a federal judge in Cleveland ordered CVS, Walgreens, and Walmart to pay a combined total of $650.9 million to help address the opioid crisis in the affected counties. The funds were intended to aid in remediation efforts and mitigate the damages caused by the epidemic.
However, the pharmacy chains appealed the ruling. In December, the Ohio Supreme Court sided with the companies, stating that they could not be held liable under state nuisance law. In a 5-2 vote, the court ruled that Ohio law prevented the counties from claiming that the pharmacies' distribution of addictive pain medications created a public nuisance requiring remediation.
Justice Joseph Deters, writing for the majority, acknowledged the far-reaching impact of the opioid crisis across Ohio, but emphasized that addressing such an issue was outside the court’s authority. “Creating a solution to this crisis out of whole cloth is beyond this court's authority,” Deters stated.
In a follow-up decision, the U.S. Court of Appeals for the Sixth Circuit issued a two-page order on Friday, vacating the 2022 federal ruling. As a result, Lake County, which was set to receive $306 million, and Trumbull County, slated to receive $344 million, will not receive the funds. The immediate payment of nearly $87 million, intended for the first two years of payments, was also nullified.
A spokesperson for Walgreens expressed satisfaction with the court’s decision, stating, "We are pleased with the Court’s ruling, which allows us to put this litigation behind us so we can continue focusing on the health and wellbeing of our patients, customers, and team members in northern Ohio and across the country."
While the Ohio counties were among the few that opted out of nationwide opioid settlements—totaling around $46 billion—the appeals court’s ruling represents a setback for local efforts. Peter H. Weinberger, an attorney representing the counties, called the decision “devastating” for communities seeking to hold corporations accountable. He added that the ruling undermines the legal foundation that supported nationwide opioid settlements, which now approach $60 billion in total.
Despite the setback, Weinberger confirmed that the counties would continue to explore other legal avenues to address the opioid crisis and hold the companies accountable for their role in the epidemic.
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