Last year saw a federal appeals court ask West Virginia's highest judicial body whether opioid distribution can qualify as a public nuisance.

Yet rather than address the controversial question, the state Supreme Court has refused to provide an answer. 

Lawsuit targeted three drug makers

According to The Associated Press, that move is the latest development in a case which was brought several years ago by two West Virginia local governments.

Cabell County and the city of Huntington argued in their lawsuit that three drug manufacturers had ignored evidence that their distribution of  81 million pills over an eight-year period was contributing to an addiction epidemic.

That claim was rejected in 2022 by U.S. District Judge David Faber, who ruled for pharmaceutical makers AmerisourceBergen Drug Co., Cardinal Health Inc., and McKesson Corp. in his 184-page opinion.

"The opioid crisis has taken a considerable toll on the citizens of Cabell County and the City of Huntington," Faber acknowledged.

4th U.S. Circuit Court of Appeals sought guidance from state Supreme Court

"And while there is a natural tendency to assign blame in such cases, they must be decided not based on sympathy, but on the facts and the law," he continued.

"In view of the court’s findings and conclusions, the court finds that judgment should be entered in defendants'  favor," Faber concluded.

"Under West Virginia’s common law, can conditions caused by the distribution of a controlled substance constitute a public nuisance and, if so, what are the elements of such a public nuisance claim?" it asked in a certified question.

Lawyer for plaintiffs say that "the fight isn't over"

Yet the Associated Press reported on Monday that the justices opted not to get involved, a move which disappointed Paul Farrell Jr., who is representing the plaintiffs.

West Virginia court declines to answer whether opioids distribution can cause public nuisance https://t.co/7f7RJEon9t

— John Raby (@jrabyap) May 12, 2025

"The fight isn’t over," the news service quoted Farrell as saying in a statement. "There’s still a long way to go. We continue on our path to seek justice."

Farrell went on to add that the appeals court still has yet to deal with a number of legal and factual issues which the case presents.

The Associated Press noted that a spokesperson for Cardinal Health declined to comment while AmerisourceBergen and McKesson did not reply to emails.