HUNTINGTON, W.Va. — Attorneys representing the city of Huntington and Cabell County say they plan to appeal a federal judge’s decision to side with three drug distributors in a landmark opioid trial.
The Cabell County Commission voted unanimously Thursday to fight the ruling made by U.S. District Judge David Faber on July 4.
Faber ruled in favor of AmerisourceBergen Drug Co., Cardinal Health Inc. and McKesson Corp. about a year after the trial ended at the federal courthouse in Charleston.
The judge said in his ruling that the distributors showed no proof of creating a public nuisance of fueling the opioid epidemic like the city and county claimed.
The attorneys said the judgment was wrong and there were factual errors. They were seeking $2.5 billion in damages to cover a 15 year plan to prevent further overdose deaths. Instead, the municipalities received nothing.
The lawsuit was heard during a three month long trial.
Faber’s decision is having an impact on a separate trial involving more than 60 cities and counties in Kanawha County. The trial was delayed a day after the judge’s ruling on July 5. A new trial date has not been set, but there are reports all sides have agreed to a possible $400 settlement with same Big 3 distributors.