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The Tennessee Supreme Court ruled last week that defendants in the âSullivan Baby Doeâ and similar lawsuits can be sued for damages by infants harmed by their mothersâ use of opioids under the Tennessee Drug Dealer Liability Act.
The court also ruled that district attorneys general who individually sued the pharmaceutical opioid companies on behalf of their districts did not have standing to sue under the DDLA.
Prescription opioid manufacturers Endo Health Solutions Inc., Endo Pharmaceuticals Inc., and Teva Pharmaceuticals USA, Inc. remain as defendants in lawsuits filed by Tennessee district attorneys general.
The âSullivan Baby Doeâ lawsuit, named for a baby born addicted to opiates in 2015 at Holston Valley Medical Center, was filed in June 2017. It spurred similar lawsuits filed by district attorneys general in other Tennessee counties, including a 2017 civil action filed by seven district attorneys general representing Campbell, Cocke and other counti
Tennessee Supreme Court Makes Ruling On How Drug Companies May Be Sued Thursday, December 17, 2020 The Tennessee Supreme Court has unanimously held that Endo Health Solutions Inc., Endo Pharmaceuticals Inc., and Teva Pharmaceuticals USA, Inc. drug companies that manufacture prescription opioids may be sued by babies harmed by their mothers’ use of opioids. Under the Tennessee Drug Dealer Liability Act, these babies may sue for damages caused by the use of illegal opioids if there is clear and convincing evidence that the drug companies knowingly facilitated the distribution of opioids in the illegal drug market. The Court also held that seven District Attorneys General who had individually sued the drug companies on behalf of their districts did not have standing to sue under the Act.