NASHVILLE, Tenn. (WTVF) — A lawsuit has been filed on behalf of six children in Davidson County who were born dependent on opioids as a result of "in utero exposure". These children are collectively known as the Baby Doe Plaintiffs.
The claim was filed under the Tennessee Drug Dealer Liability Act and seeks compensation for the harm inflicted by the alleged actions of major drug producers, drug distributors, chain and independent pharmacies and pill mill prescribers.
The children were born dependent on opioids, and as listed in the lawsuit, this is a tragedy that impacts thousands of children every year. The opioid epidemic is an ongoing crisis in the state.
"What price do you put on a child being born addicted to a drug, knowing what their lives could look like?" said attorney Tricia Herzfeld. "What is the price you put on that?"
According to the Tennessee Department of Health, statewide in 2020, the number of drug overdose deaths involving all opioids was 2,388. That was an increase of more than 800 people since 2019.
The lawsuit alleges that the defendants knowingly:
- Distributed drugs without maintaining necessary controls;
- Distributed drugs into channels that they knew resulted in diversion;
- Encouraged high-volume pill mill prescribers to prescribe opioids without a legitimate medical purpose to feed drug abusers, pill seekers and drug dealers
- Supplied pharmacies serving pill mills; and
- Dispensed prescriptions that were not made for a legitimate medical purpose.
They also allege that some defendants knowingly committed actions to facilitate diversion and illegal drug sales for profit.
Defendants include: Allergan, Amneal, Endo, Johnson & Johnson, Par and Teva, AmerisourceBergen, Cardinal Health and McKesson, CVS, Rite Aid, Walgreens and Walmart. Pill mill defendants include Pardue’s Pharmacy in Nashville, along with five individuals.
The Baby Doe Plaintiffs lawsuit is demanding a trial by jury as well as damages among other remedies and relief.
