Litigators of the Week: A Complete Defense Win for Distributors in a Federal Opioid Bellwether Trial in West Virginia
July 15, 2022, Am Law Litigation Daily
Am Law Litigation Daily named Covington partner Paul Schmidt “Litigator of the Week” for a complete defense win representing McKesson in a Federal opioid bellweather trial in West Virginia.
Covington represented McKesson before the U.S. District Court for the Southern District of West Virginia in a three-month bench trial in which the City of Huntington and Cabell County accused the nation's three largest drug distributors of failing to prevent prescription pills from being diverted for illegal use.
"Our case never depended on challenging the seriousness of the opioid crisis, particularly in Huntington," Paul explained. "We each made a point of recognizing that fact in our opening statements and throughout the trial."
The profile mentions how at trial the former West Virginia Bureau of Public Health Commissioner described West Virginia as "ground zero" for the opioid crisis. When asked if there were specific concerns for the defense with respect to where the trial took place, Paul answered, "We also made a point of not blaming the crisis on other participants in the healthcare system. We instead based our case on the fact that opioid prescribing increased because doctors legitimately attempted to address pain, which in turn explained why our clients increased their distribution of prescription opioids."
"Judge Faber let both sides try their cases in a remarkably fair and even-handed manner, and we were grateful for that opportunity, which we tried to use from the time of the plaintiffs’ first witness," Paul added.
To Paul, the most memorable aspect of the trial was the McKesson and Covington teams. "Our goal was to make our key points every day of the trial," he said, "when every trial day felt incredibly high-stakes because we were addressing the claims of a remarkably hard-hit city and county, when this was the first bellwether trial against distributors, and when it involved a multi-billion-dollar claim. Even with the even-handedness and civility that Judge Faber and his staff ensured, that made the trial remarkably challenging."
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