Walmart on Tuesday offered to pay $3.1 billion to settle lawsuits concerning the corporation’s pharmacies and their role in the opioid crisis. When litigation over the opioid crisis was initiated, pharmacies like Walmart, CVS and Walgreens alleged that their role in the opioid crisis was limited to filling legal prescriptions for a legal drug. However, opioid litigation plaintiffs prevailed in several smaller cases in which courts found that pharmacies were liable. A federal court in the Northern District of California found that Walgreens “substantially contributed” to the opioid crisis in San Francisco by “fail[ing] to perform due diligence as required by regulations” and “not report[ing] suspicious orders to the DEA for 15 years.”
Walmart’s offer to settle follows proposals by CVS and Walgreens made last week that would require each company to pay out approximately $5 billion to state and local governments and Native American tribes. CVS and Walgreens offered to pay more over a period of several years, whereas the Walmart settlement would be paid mostly upfront. Walmart’s $3.1 billion offer constitutes approximately 2 percent of its yearly revenue. None of the settlement agreements currently contain admissions of liability.
In a statement, New York Attorney General Leitita James explained that the settlement would also include “broad, court-ordered requirements Walmart must comply with, such as robust oversight to prevent fraudulent prescriptions and flag suspicious prescriptions.” To finalize this deal, 43 states must accept the settlement offer by December 15. Each jurisdiction’s individual payout will vary depending on how many municipal governments sign on. The deadline for local governments is next March. Native tribes will receive approximately $400 million from the Walmart settlement should they choose to accept the deal.