The Court Announces Award of $900 Million to the State of Washington From Albertsons Following Nine-Week Opioid Trial

The Court found Albertsons liable for substantially contributing to the State of Washington’s opioid crisis through failures in the company’s opioid distribution and dispensing practices.

DALLAS--(BUSINESS WIRE)--Today, the nationally recognized attorneys at Baron & Budd, alongside co-counsel firms Levin Papantonio, Powell & Majestro, and Farrell & Fuller, announced a significant victory on behalf of the people of the State of Washington in the State’s lawsuit against Albertsons Companies, Inc. and Safeway, Inc. (collectively, “Albertsons”) concerning the role of their pharmacies in substantially contributing to Washington’s devastating opioid epidemic.

Following a nine-week bench trial, the Court announced its ruling in favor of the State of Washington, finding Albertsons liable for its role in substantially contributing to a public nuisance and for violations of Washington’s Consumer Protection Act, awarding the State $900 million plus attorney fees and costs. The Court’s decision marks a significant victory in the State’s effort to hold corporations accountable for their role in fueling the opioid crisis and securing resources to help Washington communities address its lasting consequences.

The State brought the case through the Washington Attorney General’s Office, alleging that Albertsons substantially contributed to the oversupply of prescription opioids in Washington by shipping suspicious orders to its pharmacies without adequate investigation or reporting those orders to the Drug Enforcement Agency. Baron & Budd attorneys Dan Albertsone, Elizabeth Smiley, Peter Klausner, Evan Zucker, and Jay Lichter were designated as Special Assistant Attorneys General and served on the trial team. The Court found the company to have dispensed substantial quantities of opioid prescriptions despite clear warning signs, commonly known as “red flags,” indicating potential diversion or improper prescribing.

Federal and Washington state laws impose strict requirements on companies involved in the closed system of distribution and dispensing of controlled substances. These safeguards are designed to prevent prescription opioids from being diverted from legitimate medical channels into the illicit marketplace. The Court announced its ruling that Albertsons failed to implement and enforce the effective safeguards required under federal and state law to prevent the diversion of prescription opioids.

Washington’s opioid epidemic has devastated families and communities throughout the state, placing enormous strain on public health, public safety, and public resources. The State’s lawsuit sought to hold Albertsons accountable for its contribution to the opioid crisis and to secure resources necessary to address the resulting harm. The Court’s ruling represents an important milestone in that effort.

Baron & Budd Opioid Litigation Team

Baron & Budd attorneys represent municipalities, states, cities, counties, and tribal nations across the country in the complex opioid litigation. The firm is part of the team which filed one of the first lawsuits against the drug distributors. Our attorneys co-led the first AG trial to be completed against the pharmacies, and have helped communities hold pharmacies, distributors, and manufacturers accountable for the opioid epidemic in the United States.

For more information visit, www.nationalopioidcrisis.com.

About Baron & Budd, P.C.

With more than 40 years of experience, Baron & Budd has the expertise and resources to handle complex litigation throughout the United States. As a law firm that takes pride in remaining at the forefront of litigation, Baron & Budd has spearheaded many significant cases for hundreds of public entities and tens of thousands of individuals. Since the firm was founded in 1977, Baron & Budd has achieved substantial national acclaim for its work on cutting-edge litigation, trying cases to verdict and settling cases in areas of litigation as diverse and significant as dangerous and highly addictive pharmaceuticals, defective medical devices, asbestos and mesothelioma, wildfires, environmental contamination, fraudulent banking practices, e-cigarettes, motor vehicles, federal whistleblower cases, and other consumer fraud issues.