A group of drug companies is pushing for U.S. District Judge Dan Polster to recuse himself from the wide-reaching array of local government lawsuits over the opioid crisis, objecting to the judge鈥檚 push for settlements.
Attorneys for Cardinal Health, McKesson, AmerisourceBergen and other drug makers and distributors Saturday morning in federal court in Cleveland.
They question Polster鈥檚 impartiality, saying his support for a settlement and his court鈥檚 involvement in negotiations should disqualify him from presiding over the first trial in the case, which is scheduled to begin Oct. 21.
鈥淏oth the Court鈥檚 declaration of a personal objective to do something meaningful to abate the opioid crisis and its many public comments about the litigation in interviews and public appearances independently warrant disqualification,鈥� the attorneys wrote in their filing.
As evidence, the filing cites statements Polster has made from the bench, as well as his decision to discuss the case in public and with national news outlets.
鈥淚n my humble opinion, everyone shares some of the responsibility, and no one has done enough to abate it,鈥� Polster said in a January 2018 hearing cited in the drug companies鈥� filing. 鈥淭hat includes the manufacturers, the distributors, the pharmacies, the doctors, the federal government and state government, local governments, hospitals, third-party payors and individuals. Just about everyone we鈥檝e got on both sides of the equation in this case.鈥�
United States Judicial Panel on Multidistrict Litigation . The litigation now involves some 2,000 plaintiffs, including cities, counties and Native American tribes.
Polster has encouraged a settlement from the start. This past week, to create a special class allowing cities and counties across the country to benefit from potential drug company payouts. State attorneys general, who have filed their own suits against drug companies in state courts, opposed the plan.
Earlier this month, lead attorneys for the plaintiffs in the federal case. Endo, Allergan and Mallinckrodt have reached settlements with Summit and Cuyahoga Counties, the first local governments to take their case to trial in October.
Attorneys for the plaintiffs released a statement Saturday morning praising Polster and calling the attempt to remove him a 鈥渄esperate move鈥� by the drug industry.
鈥淚t鈥檚 past time that they stop trying to avoid accountability and face judgment,鈥� the statement reads.
Polster has not yet responded to the filing in court.
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