Columbus attorney Corky Smith has filed a lawsuit on behalf of the town of Caledonia against more than 20 opioid manufacturers and distributors seeking a yet to be specified amount in damages.
Smith’s lawsuit, filed Jan. 23 in federal court in Aberdeen is the second such suit he has filed on behalf of a Lowndes County municipality. He filed a similar suit on behalf of Columbus in November.
The suits are among hundreds filed by cities throughout the country that seek to hold opioid manufacturers accountable to those harmed by the epidemic of opioid addiction, including taxpayers.
“We saw this emerging about a year-and-a-half ago,” Smith said. “So we started talking to attorneys across the state. A lot of states, counties and municipalities started to realize this isn’t just happening somewhere else. It’s right here.”
According to the suit, Mississippi has the sixth highest opioid prescription rate in the country and the rate in Caledonia is higher than the state average.
Opioids are a class of drugs that include the illegal drug heroin, synthetic opioids such as fentanyl and pain relievers available legally by prescription, such as oxycodone, hydrocodone, codeine, morphine and many others.
When used correctly under a health care provider’s direction, prescription pain medicines are helpful. However, misusing prescription opioids risks dependence and addiction.
“It’s affected so many communities, even in a small town like Caledonia,” Smith said. “We’re seeing a lot of the same problems — increase costs for policing, courts, medical care. It’s a snowball effect that really hurts communities from a cost standpoint, money taxpayers are having to shell out because services have to be provided at a higher rate.”
Specifically how much money in claims the town is seeking was not included in the complaint Smith filed.
“This is a very unique creature,” Smith said. “There are so many of these suits from so many places that there has to be something set up to provide for the uniform application of the laws across the United States. The next step will be a court-approved plaintiff action hearing, which breaks down the costs and damages.”
Although Smith’s suit was filed in federal court in Aberdeen, it will be assigned to a multi-jurisdictional litigation court in Ohio, along with more than 2,000 other suits filed by municipalities and counties.
“This is something that is probably going to be one of the biggest pieces of litigation and policy in this country for decades to come,” Smith said. “It’s an issue that affects every community. That’s true in Caledonia. It’s true in Columbus. It’s true everywhere, really.”
In December 2015, Mississippi Attorney General Jim Hood filed a similar suit against three major opioids distributors. Smith’s suit list 20 manufacturers/distributors.
Whether these suits can go forward is open to debate.
Earlier this month, a Connecticut judge dismissed lawsuits filed by 37 cities in the state against opioids distributors in an attempt to college millions of dollars spent on taxpayer services as a result of the crisis. However, in Ohio, a federal judge rejected a request by opioids manufacturers to dismiss suits filed there.
Slim Smith is a columnist and feature writer for The Dispatch. His email address is [email protected].
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