Baltimore accepts judge's reduced $152.3 million award in opioid lawsuit
The city accepted the award Thursday afternoon, after being given a deadline of Aug. 22 by Baltimore Circuit Court Judge Lawrence P. Fletcher-Hill.
In his June ruling, Fletcher-Hill said the jury's $266 million award from a trial in November was 'excessive.' The city was told to accept the judge's new, reduced offer or opt to go to trial again. The final award amount was $152.3 million. The city originally sued McKesson and Cencora for $5 billion.
'From the beginning, this case has always been about securing justice for Baltimoreans who have been disproportionately impacted by the opioid crisis,' Mayor Brandon Scott said in a statement Thursday. 'Today's decision is an affirmation of these companies' liability, and the fulfillment of a promise kept to our residents.'
According to court documents, Fletcher-Hill did not see evidence that pharmaceutical companies McKesson and Cencora were as responsible for the opioid epidemic in Baltimore as the city claimed.
Baltimore sued McKesson and Cencora for their contribution to the city's opioid epidemic, accusing the companies of distributing 320 million oxycodone pills to the city from 2006 to 2019. The two companies accounted for 60% of the prescription opioid market in Baltimore.
Fletcher-Hill said that while the two pharmaceutical companies were responsible for a portion of the epidemic, the city did not present strong enough evidence to prove they were responsible for the last 15 years.
The jury found the companies guilty and awarded Baltimore $266 million. Fletcher-Hill offered Baltimore $100 million, in addition to a previous offer of $52 million.
'By the City's evidence, all of defendants' unreasonable conduct was based on a failure to recognize and act on problematic conduct at a pharmacy,' Fletcher-Hill said. 'Every single pill sold unreasonably by a defendant was also sold unreasonably by a pharmacy. It is fair to say that every one of those pharmacies was at least as culpable as defendants.'
Although he disagreed with the ruling, Scott said the outcome is still beneficial for Baltimore's opioid prevention plan.
The city has an Opioid Restitution Fund with $400 million, all of which is being put toward opioid overdose prevention plans, resources and programs. Scott said the win is for those affected by drug use in the city.
'While this amount is lower than the jury awarded us, this award still dwarfs the original amount the City would have received, had we not brought this separate litigation on behalf of our city,' he said. 'This is also the only successful jury verdict and only successful judgment against either of these companies.'
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