Fibich, Leebron, Copeland & Briggs founding partner Tommy Fibich recently criticized a bankruptcy judge following comments they made about a pharmaceutical negligence case.
Background: Why is a Bankruptcy Judge Commenting on an Opioid Injury Case?
Larry Oliver is a pharmacist with Trinity Pharmacies LLC, targeted in a lawsuit against drug manufacturer Purdue Pharma and retailers like CVS, Walgreens, and Walmart. Oliver’s operation is comparatively small, employing 15 people and making a couple million dollars a year. However, an attorney for Bexar County labeled it a “pill mill” as it dispensed the second-highest number of opioids in the county.
The pharmacy defended itself, saying most of these went toward hospice residents. However, the county alleged that the pharmacy “engaged in diversion of opioids”, which means it allegedly distributed opioids to people who did not need them.
The pharmacy couldn’t afford to pay the $250,000 requested by the county, and the two sides ultimately agreed on a smaller amount: $50,000, which needed the approval of a bankruptcy judge. Chief U.S. Bankruptcy Judge Craig Gargotta approved the settlement and offered his own opinion on the case.
Bankruptcy Judge: “I’m Not Convinced You Did Anything Wrong”
“I want to tell you, Mr. Oliver, I’m not convinced you did anything wrong, for what it’s worth,” Judge Gargotta said, noting that Trinity “was caught up in the web of what Purdue Pharma has caused for so many entities.” Gargotta noted that the opioid crisis has been a “horrible, horrible ordeal for our country” but downplayed Oliver’s role in it.
“I just want to put on the record I’m not happy about this but I understand the legal realities of the situation, so the compromise is approved,” Gargotta said.
“A Horrible Thing For Him to Say”
Tommy Fibich, who represented Bexar County in the opioid litigation, criticized the judge’s comments.
“That was horrible for him to say,” Fibich said. He described Trinity as a “major contributor” to the unlawful distribution of opioids in San Antonio. According to the county’s claims against Trinity, the pharmacy was involved in negligent and/or intentionally creating a public nuisance, common law fraud, and civil conspiracy.
“Larry Oliver, the owner of Trinity Pharmacies, elected to put this company in bankruptcy rather than to be held accountable for damages they caused,” Fibich said in an email to the San Antonio Express-News. “Only someone oblivious to the facts of this company’s involvement with opioids could even remotely believe Mr. Oliver was blameless.”
According to the Centers for Disease Control, more than half a million people have died in the United States from opioid overdoses.
To learn more about your legal options regarding opioid abuse and addiction, contact our defective opioid injury attorneys today to schedule a free consultation.
