Expert Links Prescription Opioid Supply to Washington’s Addiction Crisis

On Wednesday, Columbia University epidemiology professor Katherine Keyes testified that the increased availability of prescription opioids beginning in the early 2000s helped set the stage for later waves of heroin and synthetic opioid use, including fentanyl.

Keyes described the crisis as a three-wave epidemic. According to her testimony, the widespread distribution of prescription opioids was followed by an increase in heroin-related deaths as some users moved to non-prescription alternatives. The crisis later shifted toward synthetic opioids such as fentanyl.

Keyes testified that, based on her review of scientific research and the broader consensus in the field, prescription opioid supply was a major driver of opioid use disorder and opioid-related overdose in Washington.

Her testimony goes to a central issue in the case: whether the pharmacies’ alleged dispensing practices were a substantial factor in causing the widespread harms Washington attributes to the opioid epidemic.

What Does Washington Allege Albertsons and Safeway Did?

Washington alleges that Albertsons pharmacies repeatedly failed to adequately resolve “red flags of diversion,” or warning signs that controlled substances could be misused or diverted into the illegal drug market.

According to the Washington Attorney General’s Office, Albertsons dispensed more than 641 million opioid pills in the state between 2006 and 2022. The state alleges that millions of prescriptions involved red flags that were not adequately investigated or resolved before the drugs were dispensed.

Attorneys for Washington have also argued that pharmacy employees were overworked and that the company’s systems and staffing were inadequate to properly address suspicious prescriptions.

Before the trial, Judge Helson ruled that Albertsons and Safeway had a duty as controlled-substance dispensers to verify the legitimacy of opioid prescriptions. The court also allowed Washington’s public nuisance and Consumer Protection Act claims to proceed to trial.

Albertsons Says Doctors, Not Pharmacies, Controlled Prescribing

Albertsons disputes Washington’s allegations and has argued that its pharmacies reflected broader prescribing practices within the medical community rather than driving those practices.

During cross-examination on Wednesday, Albertsons’ attorneys questioned Keyes about other factors that can contribute to opioid addiction, including prior illicit drug use, trauma, genetic vulnerability, and the diversion of prescription medication.

Keyes also acknowledged that prescribing practices changed as opioids became more widely used to treat chronic and acute pain and that physicians controlled the dosage and number of pills prescribed to patients.

Albertsons emphasized this point throughout the trial. During opening statements, the company argued that pharmacies responded to doctors’ prescribing patterns as medical approaches to pain treatment evolved.

The company disputes the state’s allegations that its pharmacies improperly dispensed opioids and argues that the broader medical community’s approach to prescribing changed substantially over the period at issue.

Why the Albertsons Opioid Trial Matters

The trial is the latest chapter in years of litigation seeking to hold companies throughout the opioid supply chain accountable for their alleged roles in the nationwide addiction and overdose crisis.

Washington has already recovered more than $1.3 billion through opioid-related litigation and settlements with manufacturers, distributors, and pharmacies. Those funds are designated to help state and local governments address damage caused by the opioid crisis.

In the current case, Washington is asking the court to find Albertsons and Safeway responsible for contributing to public nuisance and other harms associated with the epidemic. The state is seeking funding to help abate those harms.

The trial also puts renewed attention on the role pharmacies play as a safeguard between opioid prescribers and patients. Washington argues that pharmacies had an independent responsibility to investigate suspicious prescriptions rather than simply filling them because they were written by a physician.

Albertsons maintains that it should not be held responsible for an epidemic driven by numerous factors, including changing medical practices and decisions made by opioid prescribers.

Judge Helson will ultimately decide whether Washington has proven that Albertsons’ and Safeway’s conduct was a substantial factor in causing the harm alleged by the state.

Levin Papantonio Attorneys Represent Washington

Levin Papantonio attorneys Peter Mougey and Jeffrey Gaddy are representing the State of Washington alongside attorneys from the Washington Attorney General’s Office and other law firms.

The case is Washington v. Rite Aid Corp. et al., Case No. 22-2-20910-1, in King County Superior Court.

The trial is expected to continue through the beginning of September.

Source: Law360

Related Pages

• Albertsons’ $774 Million Opioid Settlement Signals Continued Accountability for Pharmacy Chains
• Levin Papantonio’s leadership in national opioid litigation
• Reuters Highlights Washington Albertsons Opioid Trial Following National Settlement