State Rules Opioid Manufacturers Can Be Sued Under Drug Dealer Liability Act

There is reason to be optimistic for the Upper Cumberland’s opioid lawsuit, after one suit has reached a settlement.

Thirteenth Judicial District Attorney General Bryant Dunaway said the suit filed in east Tennessee has been resolved before trial. Dunaway said that the appellate courts have ruled against a piece of the opioid manufacturer’s defense.

“The great news is that the appellate courts have said that this is absolutely a viable cause of action,” Dunaway said. “That the drug, opiate manufacturers can be sued under the drug dealer liability act. So that was a big win.”

However, Dunaway said there was a ruling that forced a change from the plaintiff’s position. He said the lawsuits had to switch from having the District Attorney’s listed as the plaintiffs, to the counties instead.

“So what we’ve done is substitute the names of the plaintiffs in the suit, substitute the district attorneys for the actual counties,” Dunaway said. “In the seven counties of our judicial district, six of the seven counties agreed to substitute as plaintiffs in that lawsuit.”

Dunaway said that six of his seven counties approved making the change, he said that Overton County did not agree to make the change.

Dunaway said a trial date has not been set in the Upper Cumberland’s case. He said evidence is still being exchanged and depositions are being gathered.