Drug company attorneys seek to disqualify federal judge

An arrangement of pills of the opioid oxycodone-acetaminophen in New York on Tuesday, Aug. 15, 2017. CLEVELAND -- Attorneys for eight drug distributors, pharmacies and retailers facing trial next month for their roles in the opioid crisis want to disqualify the federal judge overseeing their cases, saying he has shown bias in his effort to obtain a multibillion-dollar global settlement.

The attorneys wrote that Polster has made comments during hearings, media interviews and public forums about the importance of getting help to governments struggling to contain a crisis that has killed 400,000 people nationally since 2000. Polster has not responded to the motion filed by attorneys for the drug distributors AmerisourceBergen Drug Corp., Cardinal Health Inc., McKesson Corp. and Henry Schein Inc.; drugstore chains CVS, Rite Aid and Walgreens; and retailer Walmart.

The attorneys say Polster's comments about his intentions to get plaintiffs help during hearings, media interviews and public forums are evidence of his bias and prejudice. They cited a remark made during the first court hearing in January 2018 for the multidistrict litigation when Polster said, "My objective is to do something meaningful to abate the crisis and to do it in 2018."

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