EKB News has uncovered a massive effort by fiscal courts around Kentucky to hold wholesale drug distributors legally and financially responsible for their actions in contributing to the state’s opioid addiction epidemic.
Over the past two days, 20 counties around the state filed lawsuits in federal court against the three largest distributors — AmerisourceBergen Drug Corporation, Cardinal Health and McKesson Corporation. Louisville/Jefferson metro county government filed a similar lawsuit in August. Counties who filed lawsuits yesterday include Anderson, Bell, Boone, Boyle, Carlisle, Fleming, Franklin, Garrard, Harlan, Henry, Knox, Leslie, Lincoln, Madison, Nicholas, Pendleton, Shelby, Spencer, Union and Whitley.
EKB News has also spoken to officials in Floyd, Knott and Pike counties, who confirm they plan to file lawsuits of their own.
Officials say the drug problem has created high costs for local governments.
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The companies are considered the “Big Three” wholesale drug distributors, accounting for 85 percent of the nation’s distribution of the prescription drugs oxycodone and hydrocodone.
The lawsuits accuse the companies of public nuisance, negligence and violations of the Racketeer Influenced and Corrupt Organizations Act. The complaints say the companies neglected their duty to monitor, report and refuse orders that were suspicious in size and frequency. And when the Drug Enforcement Administration attempted to enforce their requirement to do so, the complaint says they instead lobbied Congress and the Justice Department to put an end to the enforcement actions.
The lawsuits seek an injunction against the companies, prohibiting future unlawful sales of prescription opioid. They also seek massive financial penalties, including past and future damages, punitive damages, restitution and disgorged profits, as well as reimbursement for costs related to drug treatment, counseling and rehabilitation, treatment for infants opioid-related medical conditions, and costs of law enforcement and first responder related to the opioid epidemic.
