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Equity Member Justin C. Taylor secures complete dismissals for the West Virginia Board of Pharmacy

Posted by Tracey Wilson | Jun 12, 2023 | 0 Comments

Equity Member Justin C. Taylor has secured complete dismissals for the West Virginia Board of Pharmacy with respect to numerous NAS (Neonatal Abstinence Syndrome) Baby cases in the opioid litigation.  These lawsuits involve claims brought by the guardians of individuals who allegedly suffer from the effects of “NAS” purportedly caused by exposure to opioids during their birth mothers' pregnancies.  First, the Board of Pharmacy was voluntarily dismissed in 15 NAS Baby lawsuits that were pending in the United States District Court for the Southern District of West Virginia.  Thereafter, the Board of Pharmacy, following briefing and arguments, won dismissal of approximately 18 NAS Baby lawsuits that were pending in the West Virginia Mass Litigation Panel (WVMLP).  The WVMLP ruled that dismissal was proper for several reasons including lack of proximate cause; the public duty doctrine; and qualified and absolute immunity.  These dismissals follow several other dismissals in the opioid litigation that Justin C. Taylor and Bailey & Wyant have secured for the Board of Pharmacy.     

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