Judge orders Albertsons to pay Washington $900 million over role in opioid crisis

The pharmacy chain put profits over the safety of patients, the state court determined.SEATTLE (CN) — A Washington judge on Thursday ordered Albertsons to pay a whopping $900 million judgment after finding the grocery pharmacy chain neglected to guard against the misuse and diversion of addictive medications.“The state of Washington is in the throes of an opioid epidemic that is so wide-reaching and damaging that it has impacted Washingtonians throughout the state,” wrote King County Superior Court Judge Janet Helson in a 219-page opinion. “Based on the evidence presented at trial, the court finds that defendants Albertsons Companies, Inc. and Safeway, Inc. substantially contributed to the creation and maintenance of this public nuisance, and that the same yearslong unfair acts or practices that contributed to the nuisance also violated Washington’s Consumer Protection Act.”The judgment follows a nine-week bench trial in which the state presented evidence of Albertsons failing to investigate or report shipments of significant quantities of suspicious orders of opioids into their own pharmacies.The evidence also showed Albertsons had improper safeguards that led to diversion — transfer of prescription opioids to the black market — and failed to conduct due diligence when dispensing staggering quantities of opioid prescriptions that raised red flags of diversion.“The opioid crisis has been an equal opportunity monster, bringing its destruction not only to urban areas, but to many small towns and rural areas throughout our state,” Helson wrote. “This ongoing crisis has affected, and interfered with, public health, public safety, public spaces, and the day-to-day life of Washington residents to the point that any efforts to remedy it will necessarily be massive in size, scope, and time.”Albertsons acts as both a distributor and dispenser of prescription opioids and is required by the Drug Enforcement Administration and the Controlled Substances Act to provide effective controls against diversion. Helson found the national pharmacy chain failed to do so.“The preponderance of evidence demonstrates that Albertsons never implemented and enforced policies or procedures that were effective at preventing the shipping of suspicious orders of prescription opioids to their stores, or the dispensing of “red flag” prescriptions from those stores, without the required due diligence,” Helson wrote. “Moreover, Albertsons possessed, but routinely disregarded or ignored, information and tools that could have helped prevent diversion, choosing sales and profits over patient safety.”The state presented evidence showing instances where tens of thousands of opioid pills were either diverted or inappropriately dispensed. Helson found the disregard for the health and safety of Washingtonians substantially contributed to the ongoing opioid crisis in the state.Albertsons owns and operates more than 200 pharmacies in the state.The court also found Albertsons repeatedly violated the Controlled Substances Act by dispensing and distributing addictive painkillers to increase its profits. The state presented evidence showing the pharmacy filled red-flagged prescriptions more than 6.5 million times without documenting its efforts to make sure the prescriptions were legitimate.In a footnote, Helson acknowledged that many factors have contributed to the opioid epidemic — manufacturers misleading the public and medical community, well-intentioned state policies and medical community guidance regarding the need to treat pain, incompetent prescribers — but wrote that the existence of other factors, even substantial factors, does not excuse Albertsons’ conduct.Helson found Albertsons didn’t properly staff its pharmacies, nor properly train the pharmacists on dispensing controlled substances. Nor did the pharmacy establish an adequate compliance department, putting company profit over patient safety, Helson determined.Washington Attorney General Nick Brown celebrated the court’s ruling.“This is a victory for the people of Washington. When giant corporations put profits above safety, they will be held accountable,” Brown said in a statement. “This verdict can’t undo the devastating harms of the opioid crisis, but it will provide desperately needed resources to support treatment and prevent future crises.”An expert witness testified that more than 19,000 state residents died from opioid-related overdoses between 1999 and 2023. During that time, the death rate nearly quadrupled from 3.5 to 36.2 per 100,000.Over the last three years, 7,400 Washingtonians have died from opioid overdoses.The state’s evidence illustrated how Washington’s opioid crisis has decreased public safety, increased criminal justice costs and strained local government and law enforcement, Helson wrote. It also showed how the crisis has impacted public spaces, with a rise in homelessness, public drug use and litter of used needles and drug paraphernalia.The state said the $900 million will help expand treatment and prevention resources.Albertsons did not respond to a request for comment before press time.Subscribe to our free newslettersOur weekly newsletter Closing Arguments offers the latest about ongoing trials, major litigation and rulings in courthouses around the U.S. and the world, while the monthly Under the Lights dishes the legal dirt from Hollywood, sports, Big Tech and the arts.Additional Reads