TBA Law Blog


Posted by: Kate Prince on Dec 17, 2020

The Tennessee Supreme Court has unanimously ruled that, under the Drug Dealer Liability Act, drug companies manufacturing opioids may be sued by babies who have been harmed by their mothers’ use of opioids. Under the Act, they may sue for damages caused by the use of illegal opioids if there is clear and convincing evidence that the companies knowingly facilitated the distribution of opioids in the illegal drug market. The high court also ruled that District Attorneys General who individually sue the drug companies on behalf of their districts do not have standing to sue under the Act. The ruling is a result of Effler, et al. v. Purdue Pharma L.P., et al., in which seven District Attorneys General and two unnamed children sued Endo Health Solutions Inc., Endo Pharmaceuticals Inc. and Teva Pharmaceuticals USA Inc. under the Drug Dealer Liability Act in response to the opioid crisis in East Tennessee. Read more from the Administrative Office of the Courts.