Drug firm seeks to dismiss McDowell pain pill suit
Drug wholesale giant AmerisourceBergen is asking a judge to toss a lawsuit that alleges the company contributed to the opioid epidemic that plagues a West Virginia county with the highest drug overdose death rate in the nation.
In its motion to dismiss the suit, AmerisourceBergen argues that McDowell County’s attempt to blame the distributor for the drug abuse problem is “factually unsupported, legally untenable and fundamentally misguided.”
AmerisourceBergen says it’s “remote” from the opioid epidemic. The company asserts it only supplied pain pills to federally licensed pharmacies that dispensed federally approved drugs.
“AmerisourceBergen more than meets its regulatory requirements for the distribution of controlled substances,” said lawyer Alvin L. Emch of the Charleston firm Jackson Kelly, who’s representing the Pennsylvania-based drug shipper. “This motion states our position as to why the allegations in this and other similar lawsuits are misguided and have no basis in fact or law.”
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