Walmart recently announced that it reached settlement agreements with all fifty states – as well as Puerto Rico, Washington, DC, and three other United States territories – as part of its $3.1 billion nationwide opioid settlement. Participation by all fifty states exceeds the requirement of 43 states and marks the first threshold that the company must pass in order to finalize the settlement framework announced in November 2022.
Walmart noted that the agreements are “intended to resolve substantially all opioids-related lawsuits brought by state and local governments against Walmart” and the company never admitted any liability, instead noting that it “strongly disputes the allegations in these matters, and these settlements do not include any admission of liability.”
The settlement will include “broad, court-ordered requirements Walmart must comply with, such as robust oversight to prevent fraudulent prescriptions and flag suspicious prescriptions.” The money would go towards drug treatment and education programs to help communities that are and/or have been fighting the opioid epidemic.
“Walmart believes these settlements are in the best interest of all parties and will provide significant aid to communities across the country in the fight against the opioid crisis, with aid reaching state and local governments faster than any other nationwide opioid settlement to date, subject to satisfying all settlement requirements,” the company said in its statement.
Walmart also made note of several steps it has taken to help combat the opioid crisis, including: educating and empowering pharmacists, reducing the amount of opioids dispensed, protecting against diversion and theft, increasing access to overdose reversal medication, educating patients and communities at large about opioid abuse, and advocating for state and national policies focused on curbing opioid abuse and misuse.
Mitigating Factors?
Some government attorneys noted that Walmart was perhaps less culpable than its counterparts CVS and Walgreens. For example, Nebraska Attorney General Doug Peterson said, “Although Walmart filled significantly fewer prescriptions for opioids then CVS or Walgreens, since 2018 Walmart has been the most proactive in trying to monitor and control prescription opioid diversion attempted through its pharmacies.”
Next Steps
The settlement still must have a sufficient number of cities and counties join in as well. Each state’s allocation in the settlement is dependent, at least in part, by how many local governments agree.
Other Settlements
While Walmart’s proposed settlement is much less than the CVS and Walgreens proposed settlements, Walmart is slated to dispense the money much quicker than the other two companies, with most of the Walmart money being distributed in the first year and the remainder being paid in payments through 2028.