The trial of Walgreens Pharmacies, accused of causing an opioid epidemic in Florida, came to an abrupt halt on April 20 when it was disclosed a member of the jury had tested positive for the COVID virus.
“Now a more pressing issue,” Sixth Judicial Circuit Court of Florida Judge Kimberly Byrd told attorneys. “One of our jurors tested positive.”
The trial in Pasco County in Port Richey is being streamed live by Courtroom View Network.
Jurors were not present in the courtroom when the announcement was made.
“We have no objection to him (ill juror) being dismissed,” an attorney for the State of Florida told Byrd. “Off the top the rest (jurors) need to be told.”
Byrd indicated she did not want to spread the illness further.
“I’m inclined to send them home,” she said. “Hopefully we can get them to take (COVID) tests.”
Byrd was told the jurors could not be required by the court to take the COVID tests. However, tests could be offered to them.
One of the defense attorneys joked that the tests might be acquired at Walgreens (to accompanying laughter).
Steve Derringer, defense attorney, requested that the jurors not be told who had supplied the tests.
“We’re going to take today off,” Byrd decided, “Then we can figure out where we go from there. We will ask them (jury) that if they do take the tests, to let us know.”
The trial was put on hold until April 25 so that jurors could return home and take COVID tests, which will be supplied to them by the court.
The trial opened on April 11.
The latest court case against Walgreens, the country’s largest drug chain, was originally filed by former Florida Attorney General Pam Bondi in 2018. She accused the company of flooding the state with opioid pills and creating an epidemic of addiction. The current Attorney General Ashley Moody now directs the lawsuit.
In 2013, Walgreens settled with government officials, agreeing to pay $80 million in civil penalties for violating the Controlled Substances Act and negligently allowing drugs to be diverted for abuse and black market sales. The U.S. Drug Enforcement Administration served Walgreens with suspension orders because of drugs being diverted from its area stores. Walgreens at the time was the largest provider of the drug OxyContin in the state.
Six Walgreens stores were suspended including stores in Jupiter, Port Richey, Hudson, Ovedo and Fort Pierce.
Defense attorneys have countered the state by arguing that the DEA in its maximum quota system allowed too many drugs to be manufactured. They also argued that others caused the epidemic - pharmaceutical companies like Purdue Pharma, distributors like McKesson Corp. and AmerisourceBergen, internet pharmacies and irresponsible clinics known as “pill mills.”
Purdue Pharma, owned by the Sackler family, reached an $8.3 billion settlement agreement in 2020 after admitting company officials had knowingly conspired to aid doctors dispensing the drugs without a legitimate medical purpose.
The original Florida lawsuit included as defendants opioid distributors CVS Pharmacy, Teva Pharmaceutical, Allergan and Endo International. Those companies settled with the state for more than $878 million last month.
Jeffrey Chudnow, former police chief of the City of Ovedo from 2007 to 2017, testified on April 18. He told the court Walgreens had continued to ignore the black market selling of drugs in its parking lots despite the 2013 suspension and settlement.
Chudnow said illegal selling of prescription drugs had gone on in the parking lots of two Walgreens stores in Ovedo. He said the police had notified store officials by letter numerous times about the problem, all to no response from Walgreens.
“People were selling prescription drugs in the parking lots and I wanted them (Walgreens) to be aware this type of activity was going on, the (illegal) selling of a controlled substance,” Chudnow said. “I said I’m asking for your help.”
“Did you get any response?”
“I did not.”
Chudnow said two of the drugs being peddled were Oxycodone and Diazepam, a type of valium used for anxiety and alcohol withdrawal.
“What was the effect on the police department?”
“It was consuming our resources,” Chudnow answered.
“Beyond just manpower?”
“Yes, jail and courts.”
Chudnow said illegal parking lot drug transactions at Walgreens would be followed by the hazards of drivers driving while high on the drugs.
“There were a number of crashes,” he said. “Police would respond to an overdose with paramedics.”
Chudnow said police were sometimes summoned because of unruly customers at the stores, desperate to get their opioid pills.