Baltimore is gearing up for a pivotal legal showdown this week as it takes on drug distributors McKesson and Cencora in a high-stakes $11 billion lawsuit. The city, which has suffered deeply from the opioid epidemic, has chosen to pursue its case independently rather than settle with national agreements, aiming for a more substantial resolution.
The lawsuit accuses McKesson and Cencora (formerly AmerisourceBergen) of failing to address warnings that their supplied opioids were being misused and diverted into illegal markets. The city argues these companies should bear the financial burden of remedying the crisis. Cencora has responded, asserting it merely distributes medications based on prescriptions and reports suspicious orders, while McKesson has yet to comment.
Baltimore had initially planned to also take Johnson & Johnson to trial over allegations related to its marketing of opioid drugs Duragesic and Nucynta. However, a settlement was reached over the weekend, with details remaining undisclosed. Johnson & Johnson has denied any wrongdoing.
This case is part of a larger wave of over 3,000 lawsuits filed nationwide by various governments against drug manufacturers and distributors. While many of these cases have been settled through broad agreements totaling around $46 billion, Baltimore’s decision to opt out places it alongside other cities that have pursued independent actions. San Francisco and West Virginia have seen significant results from their similar strategies, though not all outcomes have been favorable.
Baltimore has already secured settlements totaling $402.5 million from Walgreens and Teva before this trial, showcasing its aggressive approach. The trial, set to start with jury selection in the Circuit Court for Baltimore City, could significantly impact the ongoing battle against the opioid crisis.
McKesson’s prior settlement with the U.S. Department of Justice for $150 million over illegal drug sales will be presented in court, as will Cencora’s ongoing civil lawsuit with the Justice Department. The stakes are high, with over 800,000 opioid overdose deaths recorded in the U.S. between 1999 and 2023.
The trial is officially known as Mayor and City Council of Baltimore v. Purdue Pharma et al, Circuit Court of Maryland for Baltimore City, No. 24-C-18-000515.
