Lake and Trumbull Counties Win $650 Million Opioid Abatement Against CVS, Walgreens and Walmart

Between 2012 and 2016, Trumbull County pharmacies dispensed roughly 80 million prescription painkillers, nearly 400 pills for every county resident. Lake County absorbed another 61 million pills over the same period. Hundreds of residents died of overdoses. The two counties sued CVS, Walgreens, and Walmart, alleging that each chain had ignored red flags, understaffed its pharmacies, and flooded communities with opioids far beyond any legitimate medical need.

The case was consolidated into the federal opioid multidistrict litigation overseen by U.S. District Judge Dan Polster in Cleveland. Trial co-lead Peter H. Weinberger of Spangenberg Shibley and Liber LLP represented Trumbull County. The liability phase went to a jury in November 2021. On November 23, the jury returned a verdict finding all three pharmacy chains liable for creating a public nuisance through reckless dispensing practices.

It was the first time in the nationwide opioid MDL that a jury had held pharmacy chains, rather than drug manufacturers or distributors, accountable at trial. The chains had argued their pharmacists filled prescriptions written by licensed doctors, but the counties showed the chains pressured pharmacists to meet volume quotas, failed to flag suspicious prescription patterns, and did not employ adequate staffing to catch diversion.

In August 2022, Judge Polster issued the damages ruling. He ordered CVS, Walgreens, and Walmart to pay a combined $650 million over 15 years to fund opioid abatement programs: $344.4 million to Trumbull County and $306.2 million to Lake County. The money was directed toward treatment, prevention, and law enforcement efforts.

The pharmacy chains appealed to the Ohio Supreme Court, arguing that Ohio's Product Liability Act bars public nuisance claims tied to products. On December 10, 2024, the court ruled 5-2 in the chains' favor, holding that the state statute abrogates product-related public nuisance claims and the equitable relief the counties had obtained. The $650 million judgment was overturned. Weinberger called the ruling 'devastating' for communities seeking to hold corporations accountable for the opioid crisis through state courts.