In a split ruling by an Albany appeals court, New York State has been ordered to refund more than $57 million to Big Pharma companies that paid into the Opioid Stewardship Act.
The 3-2 ruling by the Appellate Division, Third Department, authored by Justice L. Michael Mackey, on Thursday restored the Opioid Stewardship Act that had been struck down by a lower court because it had unconstitutionally passed the cost of the stewardship payments onto the opioid industry’s customers. Lawmakers have since cured the unconstitutional component.
