Durham, NC — Today, Durham County announced the lawsuit it filed against CVS, Walgreens, Walmart, and other major retail pharmacies has been selected as a bellwether case in the nationwide opioid litigation. The opioid lawsuit comes as the County is experiencing an excessive drug overdose rate related to excessive volume of prescription opiates.
The lawsuit seeks economic damages and abatement of the opioid epidemic created by the Defendants’ wrongful and/or unlawful conduct. Opioids are a controlled substance and are categorized as dangerous drugs with a “high potential for abuse” which may lead to “severe psychic or physical dependence” under federal in North Carolina law. In the suit, the County is seeking damages for the increased cost of medical care, treatment, rehabilitation, law-enforcement and childcare.
Retail pharmacies are required under federal and state law to monitor, detect, investigate, refuse to ship, and report suspicious orders of prescription opioids and when dispensing, to similarly monitor and refuse to fill “red flag” prescriptions without a legitimate medical purpose. The lawsuit alleges the defendant repeatedly and purposely breached its duties under these laws which caused the widespread distribution or opioids in to the Durham County community.
According to the suit, this “unlawful diversion of prescription opioids is a direct and proximate cause a opioid epidemic, prescription opioid abuse, addiction, morbidity and mortality” in the State and County.
“These chain pharmacies have created a hazard to health and public safety in our County,” said Durham County Board of County Commissioners Chair Brenda Howerton. “Major companies like CVS and Walgreens have a duty and responsibility to prevent the illicit distribution of dangerous, addictive drugs into the community. We are proud to lead the nation as an example in the fight against the opioid crisis and we are proud to do our part in holding this chain of pharmacies accountable to protect our citizens.”
Opioid painkillers have been intentionally and widely spread across the country, including in North Carolina, resulting in an epidemic of opioid overdose deaths in addictions. According to the lawsuit, CVS, Walgreens, Walmart and other pharmacies are required of the law to ensure that the prescriptions they fill have a “legitimate medical purpose” and that they are written “by a prescriber act in the usual course of his or her practice.” The suit alleges that the failure of these pharmacies to perform their duties has resulted in the flow of massive quantities of opioids into Durham County, fueling the epidemic.
Durham County is represented by the nationally recognized attorneys from Baron & Budd, P.C., McHugh Fuller Law Group, PLLC, Farrell Law, Levin, Papantonio, Rafferty, Proctor, O’Brien, Barr, Mougey, P.A., Hill, Peterson, Carper, Bee & Deitzler, PLLC, Powell & Majestro PLLC, as well as by local attorneys here in North Carolina, including attorneys from Pinto, Coates, Kyre, & Bowers, PLLC, Donald R. Vaughn & Associates, Daniel ׀ Thomas Law, The Law Offices of James D. Williams, Jr., P.A., and A. Leon Stanback, Jr., Attorney at Law.
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