State loses bid for reargument in opioid lawsuit

DOVER — A judge who granted Walgreens’ motion to dismiss in Delaware’s lawsuit against the drug industry over the opioid crisis has denied the state’s request for reargument.

The judge said Wednesday that she did not overlook a controlling legal principle or misapprehend the law in dismissing Walgreens.
State officials have accused pharmaceutical companies of misleading doctors and consumers about addiction and other risks from prescription painkillers. Defendants include manufacturers Purdue Pharma and Endo Pharmaceuticals, and distributors Cardinal Health and McKesson Corporation.

In suing Walgreens, the state submitted an affidavit as required for medical malpractice claims.

The judge said such affidavits must state a specific injury to a specific individual, which the state hasn’t done.
She said an injury to the state itself is a new cause of action with no precedent.

The Delaware Department of Justice declined comment on Thursday.

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