CHARLESTON, W.Va. (AP) - West Virginia’s attorney general has persuaded a judge to move a lawsuit against the nation’s largest wholesale drug distributor out of federal court and back to the county level.
U.S. District Judge John Copenhaver ordered Monday that the state’s lawsuit against San Francisco-based McKesson Corp. be returned to Boone County Circuit Court, the Charleston Gazette-Mail reported (https://bit.ly/2ktXYb1).
The lawsuit, which was filed in January 2016, has accused McKesson of not taking steps to stop massive shipments of prescription painkillers to West Virginia. The company shipped more than 100 million doses of hydrocodone and oxycodone - both powerful painkillers - to West Virginia between 2007 and 2012, according to federal drug data obtained by the newspaper. The state’s population is about 1.8 million.
McKesson wanted the case to be heard in federal court, where the law is typically more favorable to corporations. Attorney General Patrick Morrisey’s office successfully argued that the lawsuit belongs back in Boone County.
“We’re pleased with the judge’s decision,” said Curtis Johnson, a spokesman for Morrisey’s office. “It supports our aggressive fight against the opioid epidemic, and we look forward to the case proceeding in Boone County.”
The U.S. Justice Department finalized a $150 million settlement with McKesson last week after accusing it of failing to detect and report pharmacies’ suspicious orders.
West Virginia’s lawsuit had been moved to federal court last year after the drug company argued that West Virginia’s lawsuit included allegations that McKesson broke federal laws.
In his recent ruling, Copenhaver concluded that Morrisey’s lawsuit contained accusations that McKesson violated state laws, but the complaint had only a “smattering” of references to federal law.
McKesson has said it does not give bonuses or provide any incentives to employees based on the sale of its controlled substances.
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Information from: The Charleston Gazette-Mail, https://wvgazettemail.com.
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