Georgia Opioid Suit Faces Setback: State’s Highest Court Rules Against Hospital Authority’s Claims


They further argued that lawmakers cannot retrogressively strip them of these powers. However, the state’s justices saw things differently.

Drawing a parallel to a master puppeteer controlling its puppet, they elaborated that these hospital authorities, being government establishments birthed by the state legislature, do not inherently possess power.

Instead, they function within the confines of the power bestowed upon them by the state.

Justice Carla Wong McMillian, penning the unanimous decision, pointed out, “The legislative body holds the strings to expand, reduce, or retract the authority given to such an institution.”

Dissecting The Legal Complications

Navigating the complex web of legal jargon, the crux lies in the possible clash between the powers conferred upon the hospital authority and the restrictions of the Settlement Act.

The justices, however, shed light on the hierarchy, emphasizing that the recent, specialized stipulations of the Settlement Act stand supreme.

Adding layers of intrigue, an Ohio federal judge had earlier prompted the Georgia Supreme Court for a decisive verdict, post motions by pharmaceutical titans like Johnson & Johnson, Amerisource Bergen Corp., McKesson Corp., and Cardinal Health Inc. to squash the Hospital Authority’s litigation against them last fall.