National Opioid Trial Will Be Argued In Cobb County

COBB COUNTY, GA — Cobb County once had the highest rate of opioid-related overdose deaths in Georgia, holding that title in 2017 and second-highest in 2018, according to Cobb & Douglas Public Health.

But next year, the county will serve as one of five jurisdictions across the nation in historic opioid trials — one of which could determine major pharmacy chains' responsibility in the country's opioid crisis, county officials said in a news release Tuesday.

More than 2,000 lawsuits aiming to hold drugmakers, pharmacies and distributors accountable for the thousands of deaths now attributed to opioid overdoses were consolidated into what is considered a landmark case in an Ohio federal court in 2019 — including a Cobb County lawsuit. Cobb's lawsuit names major pharmacy chains CVS, Walgreens, Walmart, Kroger, Publix and Rite Aid as defendants.

The Ohio federal judge selected Cobb as one of five locations for these "bellwether trials," which involve multi-jurisdictional cases and give both sides an indication of the strengths or weaknesses of their case before potentially moving toward a larger settlement, Cobb spokesperson Ross Cavitt said.

Multidistrict litigation against opioid drug manufacturers remain in global settlement talks.

“The opportunity to bring our case to trial comes with great responsibility,” said Lisa Cupid, chair for the county Board of Commissioners, in the release. “We feel a deep sense of obligation to use this process to give voice to the experiences and ongoing needs of our community members on the front lines of the opioid epidemic, including first responders, medical professionals, individuals in recovery and families impacted by the crisis. We look forward to presenting our case and will be ready when that day comes.”

Cobb County is seeking damages for the epidemic's effects on public health infrastructure, first responders, law enforcement and other taxpayer expenses affected by the opioid crisis, according to the lawsuit. Some residents, such as Missy Owen, have been personally affected by the opioid epidemic.

Owen started the Davis Direction Foundation, an organization helping people find the road to recovery, in 2014 after her son Davis died from an opioid addiction.

“I realize this case may be the most challenging of all the multidistrict cases involving this epidemic,” Owen said in the release. “But if nothing else, it will highlight the immense toll the opioid crisis has left in Cobb County, metro Atlanta and elsewhere. Shining more light on the situation will hopefully help educate people and help lead us to a sustainable solution.”

A specific trial date and presiding judge have not been selected, but the trial is expected to start in 2022 at the federal court for the Northern District of Georgia. Other bellwether trials involving pharmacies will be held in Texas, North Carolina, Ohio and New Mexico, Cavitt said.

Related:

• Opioid Lawsuits: What A Settlement Could Mean For Cobb County
• Cobb Leads State In Opioid Cases: GBI