TN Supreme Court rules individuals harmed by mother’s opioid use can sue drug companies, but not district attorneys

The TN Supreme Court has ruled drug companies that manufacturer prescription opioids can be sued by babies harmed by their mother’s opioid use, but not by district attorney generals.

That opinion issued Thursday affirmed a ruling made by a lower court in Campbell County which dismissed the “Baby Doe” lawsuit filed by seven east TN district attorney generals and two plaintiffs who claimed in part participating drug companies participated in flooding the area with prescription opioids, which led to widespread addiction and great harm to their communities.

Justices ruled that District Attorney’s had no standing to sue under the TN Drug Dealer Liability Act, but companies can be held liable by the Baby Doe plaintiffs if proof of intentional participation by drug companies in the illegal drug market could be presented to a jury.