CHARLESTON, W.Va. — State Attorney General Patrick Morrisey announced Wednesday the state had settled its opioid lawsuit against national pharmacy chain Walgreens.
“The State of West Virginia is settling for $83 million for claims against Walgreens,” Morrisey said in a Wednesday news conference. “We have signed the agreement and we have sent that out to the political subdivisions for their review and approval.”
The announcement follows previous settlements totaling more than $177 million with retail pharmacies. Walgreens will pay the settlement over the next eight years.
Morrisey said the next target for his office will be Kroger. A trial is scheduled for June. The case against Kroger alleges the company failed to report suspicious pharmacy orders for opioids to the Drug Enforcement Agency or state officials and that there was no monitoring policy.
“We think we have a very strong case, and I’m hopeful they are going to appreciate that we are going to pursue justice in the State of West Virginia—this is going to be no quick out,” Morrisey said.
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The state has previously settled with Walmart Pharmacies, CVS and Rite Aid. Morrisey said Kroger will be pursued aggressively.
“I’m asking Kroger to come forward in a very serious manner and address these issues,” Morrisey said. “We’re going to keep working to finish this; we’re all down and one to go—Kroger.”
Morrisey’s said his office’s rejection of the national settlements put the state in a position to receive more awards in litigation than the signatories to the agreement. The amounts from retail pharmacies, wholesalers, and manufacturers total nearly $1 billion but that number could fall as some companies declare bankruptcy, Morrisey said Wednesday.
“When I rejected the national settlements, I said that we would put West Virginia first and we would make sure West Virginia citizens were taken care of,” Morrisey said. Then I watched as some of the newspapers came after me.”
Morrisey believes Kroger officials have watched the settlements with other retailers and that could result in another settlement. Regardless, Morrisey said they are ready to litigate the case if required.
“We believed in the merits of our case and were willing to go to trial over it, and I think that strategy has borne fruit, and I’m hopeful it will bear fruit for the next case as well,” Morrisey said.
Morrisey also announced Wednesday that all 55 county commissions and most cities in the state have signed on to the West Virginia First Plan, the memorandum of understanding, which will determine how opioid settlement money will be distributed statewide.