Federal law requires manufacturers, drug retailers and suppliers to report suspiciously high orders to the federal Drug Enforcement Administration. But despite being repeatedly fined by the D.E.A. for failing to do so, the chains continued to sell outsize quantities of opioids, the complaint contends, only rarely sounding alarms, a charge also made against the drug distributors in numerous other lawsuits.
Walmart devised a workaround to that reporting requirement, the complaint says. In mid-2012, it fixed a hard limit on opioid quantities it would distribute to its stores, foreclosing the need for its pharmacists to report excessive orders. Yet Walmart simply allowed its stores to make up the difference by buying the remainder of their large opioid orders from other distributors.
Until now, the focus of thousands of lawsuits across the country related to the opioid health crisis has largely been on drug manufacturers and distributors. A handful of those cases have settled. Representative cases, called bellwethers, selected by Judge Dan A. Polster in Cleveland from thousands of similar federal lawsuits to test both sides’ arguments, are moving through early stages in Chicago and West Virginia.
Cases brought by New York State and two New York counties are awaiting a joint trial date; originally set to begin March 20, their trial was postponed because of the pandemic lockdown.
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