In a fiery Florida courtroom showdown, CVS, Walgreens, and Walmart spent Wednesday dismantling the foundation of an expert’s $1.5 billion damages estimate in a sprawling opioid liability suit filed by two dozen Florida hospitals. The hospitals accuse the pharmacy giants of turning a blind eye to suspicious opioid prescriptions, a failure they say fueled addiction and left medical institutions footing the bill for the crisis.
The high-stakes trial, which began September 22, sees 26 hospitals across 15 Florida counties, including Tampa General Hospital, demanding financial accountability from the nation’s largest pharmacy chains.
At the heart of the dispute lies the testimony of economist Joseph Mason, the plaintiffs’ damages expert, whose two models estimate the hospitals’ uncompensated treatment costs between $528 million and $1.49 billion.
Defense Attacks the $1.5B Estimate
Defense lawyers came out swinging. Brian Swanson of Bartlit Beck LLP, representing Walgreens, pressed Mason on his reliance on hospital “chargemaster” data — the internal list of sticker prices hospitals use before applying discounts and insurance adjustments.
Swanson pointed out that chargemaster rates rarely reflect real payments, using a vivid example: a patient’s $155,299 listed charge for a traumatic injury was ultimately billed at only $20,027.
Similarly, Tara Fumerton of Jones Day, representing Walmart, hammered Mason over the validity of basing damages on what she called inflated theoretical prices.
“I view the chargemaster as akin to the economic cost of providing a service,” Mason countered. “It reflects the resources and effort hospitals must commit to care for opioid-harmed patients — a moral and public health obligation that carries real economic weight.”
