Maryland High Court Overturns Baltimore Opioid Verdict

In a significant blow to Baltimore's efforts to hold drug distributors accountable, the Maryland Supreme Court on Friday vacated the city's $153 million opioid verdict. The ruling effectively erases a jury's finding that McKesson and Cencora were liable for contributing to the city's opioid crisis.

Chief Justice Matthew Fader cited the court's recent decision in Express Scripts, Inc. v. Anne Arundel County, which significantly restricts the use of public nuisance claims in opioid litigation. This decision means the city will likely not recover damages from the distributors that proceeded to trial.

Baltimore had sued McKesson and Cencora for allegedly fueling the opioid epidemic by shipping excessive amounts of prescription opioids between 2006 and 2019. A jury initially awarded $266 million, later reduced to $153 million by a judge. While the city can retain settlement funds from other defendants, the verdict against these two companies is now void.

Company officials praised the court's order, emphasizing their commitment to preventing opioid diversion. However, Baltimore officials expressed strong disagreement, asserting that local governments should have recourse against corporations whose actions harm communities, even while acknowledging the prior settlement funds.