Sept 12, 2019 –
“Drug manufacturers cannot, as is alleged here, knowingly seek out suspect doctors and pharmacies, oversupply them with opioids for the purpose of diversion, benefit from the process, and then cynically invoke their status as otherwise lawful companies to avoid civil liability,” Appellate Judge D. Michael Swiney wrote. The common perception of a drug dealer may be that of the street dealer, but the DDLA does not make that distinction,” the opinion continued. “If plaintiffs’ allegations are correct … (opioid) manufacturer defendants knowingly flooded the affected areas with drugs they knew were to be diverted. “That is the basis for civil liability under the DDLA whether one’s headquarters is an office building or a back alley,” the court ruled.
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