Each day in Baltimore, at least two people die from an opioid overdose.^[1] The national opioid crisis impacts Baltimore City more severely than most Maryland municipalities with 44% of the state’s overdose deaths occurring within the City despite Baltimore representing only 9% of the state’s population.^[2] Experts indicated that most users’ addictions developed from legal opioid prescriptions.^[3] While opioid addiction affects various demographic groups, it disproportionately impacts the elderly, former offenders, and the Black community.^[4]

The Baltimore City Health Department recognized the need to protect residents from the dangers of opioid addiction and to confront opioid distributors and manufacturers through lawsuits.^[5]

To date, Baltimore has successfully settled with Allergan, Cardinal Health, CVS, Teva, Johnson & Johnson, and Walgreens.[6] However, litigation against defendant’s Cencora and McKesson remains pending in the Circuit Court of Maryland for Baltimore City in the case Mayor & City Council of Baltimore v. Purdue Pharma L.P. et al.^[7] The complaint detailed how these defendants employed marketing tactics to misrepresent opioids as a safe and effective solution for chronic pain and failed to disclose the harmful long-term effects that could significantly diminish the quality of life or result in death.^[8] Furthermore, the complaint alleged that the defendants violated their legal obligation under state and federal law by failing to report suspicious opioid orders, which directly contributed to illegal drug abuse.^[9] The influx of opioids made prescription pills less affordable to users, driving them toward heroin, which carries a cheaper price and a higher risk of death.^[10]

Collectively, the city secured $402.5 million in settlements, with Johnson & Johnson’s settlement amount still pending.^[11] Proceeds from the successful lawsuits will support the Baltimore City Opioid Restitution Fund.^[12] The restitution funds aim to support communities impacted by the opioid epidemic through programs focusing on harm reduction, treatment, recovery, opioid use disorder prevention and education, and addressing the evolving needs of affected residents.^[13] Baltimore’s latest victory against Walgreens resulted in an $80 million settlement, with a portion of these funds earmarked for Maryland-based organizations which support addicts, their families, and the community.^[14] The remaining funds will support the general initiatives outlined in the Opioid Restitution Fund.^[15]

The Opioid Restitution Fund recently completed its community engagement, which included community sessions, focus goods and a feedback form.^[16] The public in neighboring Baltimore County raised concerns about the stigma surrounding opioid use disorder compared to other drug addictions, the impact of trauma on users and their families, the lack of health insurance for treatment, and the need to address mental health issues related to opioid abuse.^[17] Baltimore City plans to advance the overdose response plan established by the Restitution Advisory Board and set annual funding priorities to sustain these efforts.^[18] Although the establishment of the Restitution Advisory Board has concluded, the City will soon present additional opportunities for community involvement in combating the opioid epidemic.^[19] Baltimore City aims for the litigation to encourage large corporations to recognize their impact and harm and utilize the funds to develop initiatives that heal the community.^[20]

Morgane Barry is a third-year evening student at the University of Baltimore School of Law and a Staff Editor for Law Forum. Morgane originally hails from Raleigh, North Carolina and graduated cum laude from North Carolina State University in 2012 with an unconventional Bachelor of Science degree in Fashion and Textile Management and minor in Art and Design. Currently, Morgane has made a home for herself in Rockville, Maryland and works full time as a title agent at Legacy Settlement Services. At the University of Baltimore, Morgane is President of the Real Estate Law Association and interned with the Honorable Judge Karen Ferretti in the District Court of Montgomery County, in-house counsel of the Donohoe Companies, Inc., and law firm Batoff Associates, P.A. Morgane looks forward to clerking next summer at law firm Mcnees Wallace & Nurick LLC. She expects to graduate May 2026 and pursue a career in real estate and corporate law.

[1]Opioid Restitution Fund, Balt. City Health Dep’t, https://health.baltimorecity.gov/substance-use/opioid-restitution-fund#:~:text=In%20the%20last%20two%20decades (last visited Oct. 18, 2024).

[2] Id.

[3] Id.

[4] Exec. Order Opioid Restitution Funds, Admin. of Balt. City Opioid Restitution Funds (Aug. 29, 2024), https://health.baltimorecity.gov/sites/default/files/Executive%20Order%20Opioid%20Restitution%20Funds%208.29.24.pdf.

[5] See Opioid Restitution Fund, supra note 1.

[6] Id.

[7] Id.; Press Release, Brandon M. Scott, Balt. City Mayor, City of Baltimore Announces Terms of $80 Million Settlement with Walgreens (Oct. 3, 2024), https://mayor.baltimorecity.gov/news/press-releases/2024-10-03-city-baltimore-announces-terms-80-million-settlement-walgreens.

[8] Mayor & City Council of Baltimore’s Complaint for Damages & Injunctive Relief at 6-8, Mayor & City Council of Balt. v. Purdue Pharma L.P. et al., No. 24-C-18-000515 (Md. Cir. Ct. argued Sep. 16, 2024), https://law.baltimorecity.gov/sites/default/files/OpioidComplaint.pdf.

[9] Id. at 11.

[10] Id. at 10.

[11] Opioid Restitution Fund, supra note 1.

[12] Id.

[13] Exec. Order Opioid Restitution Funds, Admin. of Balt. City Opioid Restitution Funds (Aug. 29, 2024), https://health.baltimorecity.gov/sites/default/files/Executive%20Order%20Opioid%20Restitution%20Funds%208.29.24.pdf.

[14] Id.

[15] Id.

[16] Opioid Restitution Fund, supra note 1.

[17] Response to Comments, Balt. Cnty. Gov’t, https://resources.baltimorecountymd.gov/Documents/Executive/opioidworkinggroup/responsetopubliccomments.pdf (last visited Oct. 18, 2024).

[18] Opioid Restitution Fund, supra note 1.

[19] See Id. (directing readers interested in becoming involved to check Opioid Restitution Fund website for updates).

[20] Mayor and City Council of Baltimore v. Purdue Pharma L.P., Balt. City Law Dep’t, https://law.baltimorecity.gov/mayor-and-city-council-baltimore-v-purdue-pharma-lp-et-al (last visited Oct. 18, 2024).