Events in a Delaware federal courtroom last week have made the federal government’s bid to duck accountability for the opioid crisis untenable. U.S. District Judge Colm Connolly dismissed much of a Justice Department lawsuit against Walmart related to the opioid crisis, leaving an unlikely path forward for the government’s claims. The decision straightforwardly concludes that certain of the government’s liability theories are manufactured and highly motivated.
Start with the annual production quotas . Federal law requires DEA to set production levels for prescription opioids at a level that reflects 'legitimate medical and scientific need.' The IG report found that the agency routinely increased APQs by substantial amounts between 2010 and 2016, even as addiction and overdose deaths raced upward. For reference, overdose deaths skyrocketed an average of 71% annually between 2013 and 2017.
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