NOT IN COURT OF PUBLIC OPINION –

June 27, 2022 – The justices ruled 9-0 in favor of Xiulu Ruan and Shakeel Kahn, who had argued in appealing their convictions that their trials were unfair because jurors were not required to consider whether the two physicians had “good faith” reasons to believe their numerous opioid prescriptions were medically valid. Liberal Justice Stephen Breyer, writing for the court, said that once defendants produce evidence that they were authorized to dispense controlled substances like opioids, prosecutors must prove they knew they were acting in an unauthorized manner.

The justices sent the two cases back to federal appeals courts that had previously upheld their convictions for further proceedings, where prosecutors may argue that any mistakes in their jury instructions amounted to harmless errors. The United States for more than two decades has struggled with an opioid epidemic that, according to federal health officials, has claimed the lives of more than a half million Americans.

States have sued drug companies and pharmacies to hold them liable, but another key element in the public health crisis has been the role of doctors in prescribing massive volumes of the highly addictive pain medication.

more@Reuters