Photo Provided West Virginia Attorney General Patrick Morrisey Thursday announced a $68 million settlement with Kroger, the last defendant in the state’s opioid lawsuits. The Kroger agreement raises the total amount of settlements to more than $1 billion, he said.

PARKERSBURG –The last litigant in the opioid lawsuits by the state of West Virginia has settled for $68 million, the attorney general Thursday announced.

“This is a big day for West Virginia,” Attorney General Patrick Morrisey said during a press conference from the Capitol.

Kroger was the last defendant in the opioid litigation and puts the amount the state will receive above $1 billion from wholesalers, manufacturers and retailers sued by the state, Morrisey said.

“While we continue to believe that the allegations made against Kroger in this and other opioid lawsuits are without merit, we have decided that a settlement is the best path forward to resolve this litigation,” a statement from the company said.

“Through our efforts to combat opioid abuse, including our partnership with EVERFI to educate over 100,000 high school students about prescription drug safety, our support of national legislation for electronic prescribing of controlled substances, and the almost two million doses of Narcan and buprenorphine we have distributed in West Virginia alone, Kroger has always been committed to being a productive partner in the communities we serve, and we are pleased that the funds from this settlement will be used to address the opioid crisis in West Virginia,” the statement said.

Kroger will pay $34 million upfront, $12 million on June 30, 2024, $12 million on June 30, 2025, and then lower additional payments over the next seven years to total $68 million.

The state claimed Walmart, CVS, Rite Aid, Walgreens and Kroger contributed to an oversupply of prescription opioids, causing significant financial losses besides the deaths from overdoses.

Walmart settled for $65.070 million, CVS for $82.5 million and Rite Aid for $30 million in 2022. Walgreens settled for $83 million in January.

The lawsuit said Kroger failed to report suspicious drug orders to the Drug Enforcement Administration or the West Virginia Board of Pharmacy and didn’t have a suspicious order monitoring policy.

Trial was scheduled June 5 against Kroger.

“But we’re not done yet,” Morrisey said.

The agreement was reached on Wednesday. The agreement now goes to participating counties and cities in the state for their review, Morrisey said.

Funds from the settlements will be distributed under the terms of the West Virginia First Memorandum of Understanding. The memorandum details how state and local governments would use funds with the emphasis on education, prevention, treatment and rehabilitation.

“I think it’s critical that these dollars are used the right way,” he said.

The foundation will receive 72.5% and the cities and counties will receive 24.5%. The remaining 3% goes into a trust, Morrisey said.

The next steps include forming the private foundation that will be governed by an 11-member board, Morrisey said.