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Sept 6 (Reuters) – U.S. pharmacy operators Walgreens Boots Alliance (WBA.O), Walmart Inc (WMT.N) and Kroger Co (KR.N) on Tuesday confronted off towards the state of New Mexico within the newest trial over their alleged function within the U.S. opioid epidemic, following latest high-profile losses for pharmacies in different lawsuits.
New Mexico Legal professional Common Hector Balderas, in his opening assertion, argued that the pharmacies had been speculated to act as a “dam” towards a flood of illegitimate opioid prescriptions by refusing to fill prescriptions with “purple flags” that signaled abuse.
“The defendants had a authorized responsibility, I imagine, to carry again the flood and defend New Mexicans from hurt,” he informed Choose Francis Matthew, who’s presiding over the non-jury trial within the 1st Judicial Circuit of New Mexico in Santa Fe.
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John Majors, a lawyer for Walmart who delivered a gap assertion in protection of all three firms, countered that pharmacists should train their “skilled judgment” slightly than counting on “mechanical utility of purple flags.”
He mentioned that the state wouldn’t be capable to show that pharmacists “knowingly” stuffed any illegitimate prescriptions.
The U.S. opioid epidemic has prompted greater than 500,000 overdose deaths over twenty years, based on authorities information. Greater than 3,300 lawsuits have been filed, principally by native governments, accusing drugmakers, distributors and pharmacy chains of fueling the disaster.
Main drugmakers and distributors have collectively agreed to pay billions of {dollars} to settle opioid instances towards them, however pharmacies have held out. learn extra
Solely two instances towards pharmacies have been tried to a verdict.
One, introduced by two Ohio counties, resulted in a jury verdict towards Walgreens, Walmart and CVS Well being Corp (CVS.N) final yr, and a judgment of greater than $650 million final month. learn extra
The opposite, introduced by San Francisco towards Walgreens, resulted in a choose holding the corporate liable final month, although no cash judgment has been determined.
Walgreens and CVS additionally settled mid-trial with Florida for $683 million and $484 million, respectively. learn extra
New Mexico sued the pharmacies in 2017, accusing them of making a public nuisance by failing to cease the diversion of opioids into unlawful channels. The state is in search of to make the pharmacies pay for anti-addiction applications to abate that nuisance.
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Reporting By Brendan Pierson in New York, Modifying by Alexia Garamfalvi and Invoice Berkrot
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