Beshear: Fourth Motion to Dismiss Denied in Opioid Lawsuits
Attorney General Andy Beshear announced today that four of his nine lawsuits against opioid manufacturers and distributors have withstood motions to dismiss and are moving forward in Kentucky courtrooms.
Most recently, Judge Johnny Ray Harris issued an order denying AmerisourceBergen’s motion to dismiss on Monday, April 1, in Floyd Circuit Court.
Beshear said circuit judges in Franklin, Madison and McCracken counties have also denied motions to dismiss by Endo Pharmaceuticals, Mallinckrodt and Johnson & Johnson’s Janssen respectively.
“Our opioid litigation team has won every single motion to dismiss that these major pharmaceutical companies have brought to date,” Beshear said. “We are not going to let these companies off the hook – they will come to Kentucky and ultimately pay to help our communities and families recover from this devastating opioid epidemic.”
Kentucky now leads the nation in the number of individual opioid lawsuits filed by an attorney general. Beshear has brought a total of nine lawsuits against pharmaceutical companies for allegedly flooding Kentucky communities with dangerous prescription drugs.
The lawsuit against AmerisourceBergen alleges the company engaged in unfair, misleading and deceptive business practices, excessively distributed opioids in Kentucky and failed to legally report suspiciously large volumes of these drugs to state and federal authorities.
Beshear said actions by the Pennsylvania-based company, who is presumed to supply nearly 32% of opioids in the state, played a major role in fueling Kentucky’s opioid epidemic.
The remaining dismissal rulings include:
· McKesson Corporation’s motion is pending a ruling in Franklin Circuit Court.
· Insys Therapeutics’ motion will be heard in Hardin Circuit Court on April 12.
· Teva Pharmaceutical’s motion will be heard in Fayette Circuit Court on April 29.
· Cardinal Health’s motion will be heard in Jefferson Circuit Court on May 23.
· Walgreens, who just filed their motion in Boone Circuit Court on Monday, has asked that it be heard on June 25.
Beshear said he will continue to move these cases forward to seek justice for every Kentucky family and community affected by these companies’ actions.
Beshear also invites Kentuckians to track the progress of each opioid case by visiting ag.ky.gov.