Brinson Askew Berry's Davis Helping Lead Opioid Class Action Lawsuit

Brinson Askew Berry partner Andy Davis is leading a class action lawsuit against prescription opioid manufacturers and distributors on behalf of several cities and counties in the state of Georgia.

Davis is teaming statewide with attorneys Robert Smalley, John Crongeyer, Bill Bird and Bob Finnell on the lawsuit that was filed March 3 of this year. Among the communities involved are the City of Rome, Floyd County, Chattooga County, Whitfield County, and the City of Cartersville.

The class action lawsuit, filed on behalf of all cities and counties in Georgia, is focused on eliminating the hazard to public health and safety caused by the opioid epidemic and recouping monies that have been spent (or will be spent), due to false, deceptive, and unfair marketing of prescription opioids by manufacturers and distributors.

The lawsuit alleges drug manufacturers “aggressively promoted and pushed highly addictive, dangerous opioids, falsely representing to doctors that patients would rarely succumb to drug addiction. These pharmaceutical companies aggressively advertised to and persuaded doctors to prescribe highly addictive, dangerous opioids – turning patients into drug addicts for their own corporate profit. Such actions were intentional and/or unlawful.”

Currently, there are over 250 cases filed nationwide against drug manufacturers and distributors. Nearly all the opioid lawsuits have been consolidated and are now pending before Judge Dan Polster— a U.S. District Court judge in Cleveland, Ohio — as part of a multidistrict litigation proceeding. The class action filed by the City of Rome is pending in the U.S. District Court Rome Division. It is anticipated that the case will be consolidated and transferred to Judge Polster to be included in the Ohio MDL (Multidistrict Litigation) for pre-trial proceedings.

The Rome opioid class action brings together two former legal adversaries — Davis and Smalley – who were involved in the Tri-State Crematory litigation case over alleged improper cremation practices. Davis represented the defendant funeral homes while Smalley presented the plaintiff class of families who brought the suit.

In addition, another opioid lawsuit attorney Crongeyer, along with Davis, served together as counsel in a class action brought on behalf of all cities and counties in Georgia against online travel companies for unpaid hotel motel taxes. Congreyer and Finnell brought similar class actions against online travel companies on behalf of cities, counties and states in other states outside of Georgia.