Jeff Gaddy Highlights Washington’s Opioid Fight

Levin Papantonio attorney Jeff Gaddy was quoted by Law360 following closing arguments in Washington State’s opioid trial against Albertsons and Safeway, marking the conclusion of a two-month bench trial over the companies’ alleged role in the state’s opioid crisis.

Gaddy and Levin Papantonio attorney Peter Mougey are among the lawyers representing Washington in the case.

During closing arguments, Gaddy pushed back against Albertsons’ defense and its proposed alternative to Washington’s opioid abatement plan.

“Albertsons showed up to a campfire with gallons of gasoline, poured it out, and the state is still burning,” Gaddy told the court.

According to Law360, Washington is seeking approximately $2.2 billion from Albertsons and Safeway as their share of a broader $44 billion plan designed to address opioid-related harm through treatment, prevention, and harm reduction efforts.

Washington’s Case Against Albertsons

Washington alleges Albertsons and Safeway failed to adequately identify and resolve warning signs associated with suspicious opioid prescriptions.

During closing arguments, the state told the court that Albertsons and Safeway dispensed more than 641 million prescription opioid pills in Washington between 2006 and 2022, with 63% raising red flags for further review. The state argued there was little documentation showing how those concerns were resolved.

The state also argued that while Albertsons had policies requiring pharmacists to document the resolution of red flags, those policies were not adequately enforced. Gaddy argued that the company prioritized sales goals and tied staffing levels to prescription volume.

“A policy not enforced is no policy at all,” Gaddy told the court.

Gaddy also challenged Albertsons’ proposed alternative approach to opioid abatement, arguing that it was unsupported by the evidence presented during the trial.

Albertsons disputes Washington’s allegations. Its attorneys argued that the company’s pharmacies met or exceeded the applicable standard of care and that Albertsons was not a substantial factor in causing the state’s opioid crisis.

Judge Expected to Rule in November

Washington filed the lawsuit against Albertsons, Safeway, and other pharmacy chains in 2022. The other defendants have since left the case through settlements or bankruptcy, leaving Albertsons and Safeway to proceed to trial.

The bench trial began July 13 and included approximately two months of testimony and evidence.

Earlier in the case, Judge Janet Helson ruled that Albertsons and Safeway had duties as opioid providers to prevent diversion. She also determined that Washington must show the companies’ conduct was a “substantial factor” in causing the state’s opioid crisis rather than satisfy a higher “but-for” causation standard.

In August, Judge Helson denied Albertsons’ attempt to end the case before the completion of the trial. While noting that the company had raised significant questions involving causation and damages, the court found that a reasonable factfinder could still rule for Washington.

Judge Helson said she expects to issue her final ruling on November 5.

“This is complex. There’s a lot of complicated information,” Judge Helson said at the conclusion of closing arguments, adding that she would carefully consider the evidence and testimony before issuing her decision.

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

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
• Expert Links Prescription Opioid Supply to Washington’s Addiction Crisis