Insurance coverage for claims stemming from the national opioid crisis

Two pharmacy chains involved in multidistrict litigation are suing 500 physicians alleging that doctors and not pharmacists are to blame for faulty prescriptions. (Photo: Shutterstock)

Claims stemming from the manufacture, sale, distribution, and prescription of opioid products continue to proliferate, fueling opioid liability as a historic mass tort. Claims asserted in lawsuits brought by state and local governments include allegations of negligence, fraudulent misrepresentation, violation of consumer protection statutes, public nuisance, unjust enrichment, antitrust violations, and claims for medical monitoring and injunctive relief, among others.

In December 2017, the U.S. Judicial Panel on Multidistrict Litigation ordered the consolidation of approximately 200 then-pending opioid-related cases into multidistrict litigation before the U.S. District Court for the Northern District of Ohio, styled In Re: National Prescription Opiate Litigation (MDL No. 2804) (the “MDL”).