Cardinal Health Seeks Dismissal of Drug Suits in 6 West Virginia Counties

June 16, 2017

A pharmaceuticals distributor has asked a federal judge to dismiss lawsuits filed by six West Virginia counties over the opioid crisis, arguing that they were filed too late and the matter was already addressed in a state suit.

Cardinal Health says the counties were on notice in 2012, when then-Attorney General Darrell McGraw sued the company, alleging it flooded the state with painkillers.

Federal suits by Cabell, Kanawha, Fayette, Wayne, Boone and Logan counties alleged negligence from 2007 to 2012.

Cardinal’s lawyers say they failed to sue within the two-year statute of limitations for negligence claims and one-year deadline for nuisance claims.

The company also says the issue was already adjudicated in the state case, which Cardinal settled in January for $20 million while denying the allegations.

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