The owners of three major pharmacy chains are fighting a federal court order that they pay millions of dollars to Trumbull and Lake counties in Ohio for allegedly contributing to the nation’s opioid epidemic.

Attorneys for Walmart, Walgreens, and CVS filed a brief in the U.S. Sixth Circuit Court of Appeals asking that either a judgement against them be thrown out, or that a new trial is ordered.

The pharmacies are appealing an order that they pay $650 million over fifteen years to the two counties that sued them over the way they dispensed pain pills, alleging that they contributed to the opioid crisis, constituting a public nuisance in their communities.

The counties claimed that between 2000 and 2014, the pharmacies dispensed 68-million doses of opioids in Trumbull County.  With a population of 209,000, attorneys say that is the equivalent of 320 pills for every resident during the period.

Arguing that “the Counties’ claims never should have seen the inside of a courtroom,” attorneys for the pharmacies argue in their brief that the court was wrong to issue damages based on the Ohio Public Liability Act.

The pharmacies also argue that nuisance laws should not have applied because they require unlawful or intentional conduct, and that federal law does not require pharmacies to establish systems to predict and prevent the diversion of prescription of opioids by third parties.

“The pharmacies were thus held liable for violating a federal rule that does not exist,” attorneys claim in the brief.

The pharmacies further claim that that the trial was marred by “egregious juror misconduct,” stating that during trial, the judge failed to allow a mistrial after learning that a juror had conducted outside internet research into the testimony of one of the pharmacies’ witnesses and printed fliers on the subject, sharing it with every other juror.

Although the juror that did the research was dismissed, the others who received the information were allowed to remain after the judge asked them if they would be able to reach an unbiased verdict.

The pharmacies say they are being unfairly penalized for causing the opioid epidemic, claiming that prescribing doctors and other pharmacies not named as defendants are not sharing in payment of the judgement.

“The pharmacies thus must pay more than a half-billion dollars to remediate harms caused by others and far removed from their own alleged misconduct,” according to the brief which claims if the award made to Trumbull and Lake Counties were expanded to Ohio’s other 86 counties, the judgement would grow to more than $17 billion.  The pharmacies attorney says if that award was expanded nationwide it would amount to $496 billion.

In their appeal the pharmacies say the counties did not prove that the pharmacies violated the federal Controlled Substances Act or any other applicable provision of law.

Criminal Defense Attorney Matt Mangino tells 21 News, overturning a verdict is no easy task.

"Getting a verdict overturned on appeal is a difficult process," said Mangino. "The counties are either going to be entitled to this money, or there's going to be some resolution between the two parties," he said. 

A company in Trumbull County that helps those affected by the opioid crisis, isn't looking for a resolution.

"We need funding for long time recovery, long time treatment programs, funding for women and children," said April Caraway, executive director for the Trumbull County Mental Health and Recovery Board. "We need families to be able to be together again and be in recovery and it's gonna take a lot of money," she said. 

Attorneys for Trumbull and Lake Counties have not responded to the appellate brief as of Monday.