Expert Testimony Raises Questions About Albertsons’ Opioid Records

Levin Papantonio Senior Partner Peter Mougey questioned a key expert witness this week as Washington State’s opioid trial against Albertsons continued in King County Superior Court.

During Monday’s proceedings, Craig McCann of SLGC Economic Consulting testified about his analysis of opioid distribution and dispensing records from Albertsons pharmacies in Washington. McCann said his analysis compared opioid shipments received by Albertsons pharmacies with the company’s reported dispensing data and identified differences between the two.

Questioning the witness on behalf of the State of Washington, Mougey asked whether Albertsons had ever produced a complete set of dispensing data during the litigation.

“The data produced to you by Albertsons, was it ever a complete set?” Mougey asked.

“No,” McCann replied. “In the data that we were told was final and the best available data, there are many instances of stores with significant dispensing activity for long periods of time, and then no data for 3 months, 4 months, 5 months.”

According to McCann, the gaps in the records extended across multiple years. He testified that, despite those missing periods, the available data could still be used to establish what he described as a lower bound for opioid dispensing and to identify prescriptions containing factors his analysis classified as potential red flags.

McCann also presented analyses of individual pharmacies, prescribers, and patients, describing examples of prescriptions that his analysis identified as containing one or more recognized red flags.

Washington alleges Albertsons and its Safeway subsidiary contributed to the state’s opioid epidemic by failing to adequately monitor opioid dispensing practices. The state seeks funding to address opioid-related harms and penalties under the Washington Consumer Protection Act. Albertsons denies the allegations, arguing that its pharmacies dispensed medications prescribed by licensed healthcare providers and complied with applicable laws.

The trial before King County Superior Court Judge Janet Helson began on July 13 and is expected to continue through September.

Sources: Law360

Levin Papantonio has been at the forefront of opioid litigation nationwide, helping secure significant recoveries for states, municipalities, and individuals affected by opioid abuse and addiction. The firm’s attorneys have played a leading role in shaping major opioid litigation across the country.

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