A federal appeals court has asked West Virginia’s highest court whether opioid distributions can cause a public nuisance. The question Monday came as the federal appeals court reviews a landmark lawsuit against three major U.S. drug distributors. A federal judge ruled in 2022 in favor of the distributors.
FILE - Signs are displayed at a tent during a health event, June 26, 2021, in Charleston, W.Va. Naloxone is a drug that reverses the effects of an opioid overdose by helping the person breathe again. A federal appeals court asked West Virginia’s highest court Monday, March 18, 2024, to address what constitutes a public nuisance as it reviews a landmark lawsuit against three major U.S. drug distributors. CHARLESTON, W.Va.
The lawsuit alleged the distributors created a public nuisance and ignored the signs that the area was being ravaged by addiction. But U.S. District Judge Faber said West Virginia’s Supreme Court has only applied public nuisance law in the context of conduct that interferes with public property or resources. He said to extend the law to cover the marketing and sale of opioids “is inconsistent with the history and traditional notions of nuisance.
If the Supreme court answers the question “no,” that means the current appeal is over, according to the 4th Circuit. In his decision, Faber also noted that the plaintiffs offered no evidence that the defendants distributed controlled substances to any entity that didn’t hold a proper registration from the U.S. Drug Enforcement Administration or the state Board of Pharmacy. The defendants also had suspicious monitoring systems in place as required by the Controlled Substances Act, he said.
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