Carroll County authorizes litigation counsel to drop pharmacy benefit managers from opioid suit

The Carroll County Board of Supervisors voted unanimously March 24 to authorize county litigation counsel to drop pharmacy benefit managers (PBMs) such as Express Scripts from the county’s ongoing opioid litigation.

Mike Durbin, the county’s opioid litigation counsel, recommended removing the PBM defendants after assessing the likely burden of discovery and depositions relative to the likely recovery for smaller localities. “In weighing the impact that the PBMs had ... it appears that the cost of litigation will outweigh the upside of a recovery at this point,” Durbin told the board, adding that dropping those defendants does not prevent Carroll County from participating in a future global settlement or reviving claims if bellwether trials change the legal landscape.

The board moved and seconded a motion to authorize counsel to dismiss the PBM defendants and then voted. Supervisors answered in the roll call: Supervisor Moore — yes; Supervisor Horton — yes; Supervisor Bryant — yes; Chairman Collins — yes; Supervisor Early — yes; and the presiding vote was recorded as yes.

Why it matters: Litigation counsel said the steps required to pursue PBM defendants — extensive discovery, depositions and document production — could impose disproportionate costs on Carroll County, a relatively small plaintiff locality, compared with likely recovery. Counsel noted that other larger localities will continue litigating and that Carroll County could opt back in if outcomes change.

The board did not identify a mover or seconder by name in the transcript; the vote was unanimous.