A Florida judge in late May sided with three major pharmacy retailers in a lawsuit brought by 16 hospitals that accused them of violating state and federal opioid laws. The lawsuit, filed in 2021, alleged that CVS, Walgreens and Walmart improperly distributed and dispensed the drugs, which contributed to a statewide increase in opioid abuse.
The plaintiffs said the pharmacies named in the lawsuit dispensed more than 21 billion opioid pills in 15 Florida counties served by the hospitals, according to Reuters. As a result, the hospitals said they incurred $528.3 million in unpaid bills for treating opioid-related injuries and another $1.5 billion for providing broader medical care to patients who used opioids.
However, Broward County Chief Judge Carol-Lisa Phillips ruled that "no reasonable jury" would rule in favor of the hospitals. Although claims of racketeering and conspiracy required the hospitals to show they had been directly harmed by the pharmacy chains' conduct, she said, their injuries were indirect.
"Absent harm to patients with opioid use disorder, plaintiffs would have suffered no injury," Phillips wrote in her verdict. "Plaintiffs cannot suffer harm from defendants' alleged predicate acts unless opioid use disorder patients are first injured -- the harm to OUD patients is a necessary prerequisite to any injury suffered by plaintiffs."
The case went to trial in 2025, but following two weeks of deliberations during which one juror was dismissed, the jury was unable to reach a verdict and Phillips ultimately declared a mistrial. Instead of mandating a new trial with a different jury, she issued a directed verdict on the grounds that the case is legally unambiguous and that a jury would not come to a different conclusion.
"We are very disappointed with the judge's ruling," plaintiffs' attorney Warren Burns told Filter. "The court previously took the exact opposite view at least three times."
The retailers applauded the decision in statements to Fierce Healthcare. "We're pleased to prevail in this case," a CVS spokesperson said. "The court rejected this meritless claim and granted our motion for a directed verdict."
"The court's decision confirms what we have said from the beginning," according to Walmart. "We aren't responsible for causing any injuries to Florida hospitals, and the evidence does not support the claims."
Opioid litigation continues on both the state and federal levels. In December 2024 and January 2025 the U.S. Department of Justice sued CVS and Walgreens, respectively, for unlawful prescribing as well as fraud. Other litigation. has targeted pharmacy benefit managers, including CVS Caremark.
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