WASHINGTON, D.C. – On April 2, 2019, Gilbert LLP, on behalf of the State of Delaware, took additional legal action to combat the opioid crisis in the State when it filed an Amended Complaint in Delaware Superior Court against twelve corporate entities who are involved in the manufacture, distribution, and sale of prescription opioids within the State of Delaware. The Amended Complaint asserted for the first time that Walgreens is liable not only in its capacity as a pharmacy (as was alleged in the State’s original Complaint), but also as a distributor of prescription opioids within the State of Delaware.
In February, the Court denied the majority of the Defendants’ arguments in their motion to dismiss. While the Court dismissed a negligence claim against Walgreens in its capacity as a pharmacy based upon a technicality under Delaware law, it gave the State of Delaware leave to re-plead that claim. In addition to the claims against Walgreens, the Amended Complaint asserts consumer fraud and negligence claims against certain manufacturer and distributor defendants. Although there have been over 1800 cases filed across the country related to prescription opioids, the Delaware action is one of the few to target all three levels of the distribution chain.