Booth Goodwin
CHARLESTON – Lawyers representing children born exposed to opioids in the womb have announced that more than 360 individual claims on behalf of West Virginia children born with Neonatal Abstinence Syndrome have been submitted.
The November 20 announcement comes days after U.S. Bankruptcy Judge Sean H. Lane approved Purdue Pharma’s bankruptcy plan in New York. The plan provides for the distribution of billions of dollars to victims of the opioid epidemic. A portion of these funds may be available to compensate children suffering the life-long impacts of prenatal opioid exposure.
Booth Goodwin, one of the attorneys leading the effort, said the confirmation of Purdue’s plan represents “a critical step toward accountability and a meaningful opportunity for these children to be recognized for the harm they have endured understanding there is a long way to go and while the bankruptcy money will be divided many ways, there are a number of other defendants that may bear responsibility.”
“Because of the exhaustive work of our team, we were able to identify affected children across West Virginia and ensure their claims were filed,” Goodwin, a former U.S. Attorney for the Southern District of West Virginia. “These children are among the most vulnerable victims of the opioid crisis. Submitting more than 360 claims is an extraordinary milestone — and one that ensures their voices will be heard as compensation is allocated.
“This is, of course, a positive development. But our team remains focused on holding all potential wrongdoers accountable, as any compensation from the Purdue bankruptcy, after it is divided, will be only part of the equation in making sure the needs of the innocent children suffering from NAS are protected.”
diTrapano
Over the last several years, Goodwin and the other members of the legal team undertook outreach efforts, including analyzing data, working with state agencies and issuing multiple rounds of mailed notices regarding affected children.
Further litigation remains pending before the West Virginia Supreme Court and elsewhere on behalf of thousands of affected children.
The attorneys currently are fighting for the affected children against other defendants including Johnson & Johnson, McKesson, Cardinal Health, AmerisourceBergen, McKinsey & Company and others. The claims against these defendants are now pending at the West Virginia Supreme Court of Appeals after being assigned to the West Virginia Mass Litigation Panel.
“Resolving the Purdue case is a major steppingstone, but there is much work left to be done.” Goodwin said. “While no amount of money can undo the trauma these children have faced, ensuring they have the opportunity to receive compensation for the lifelong battles they will endure is an important step toward justice.”
The attorneys include Goodwin, Benjamin Ware and Stephanie Daly of Goodwin & Goodwin in Charleston; L. Dante’ diTrapano and Sydney Kaplan of Calwell Luce DiTrapano in Charleston; P. Rodney Jackson of P. Rodney Jackson and Associates in Charleston; and W. Jesse Forbes of Forbes Law Offices in Charleston.
