As the number of municipalities filing lawsuits against pharmaceutical companies related to the ongoing opioid crisis continues to multiply, a quiet doctrine of Pennsylvania case law might undercut the ability of local governments to ultimately recover damages. At the very least, Pennsylvania courts will likely have to revisit their jurisprudence regarding the “municipal cost recovery doctrine” embodied in Pittsburgh v. Equitable Gas, 512 A.2d 83, 84 (Pa. Cmwlth. Ct. 1986) and Philadelphia v. Beretta U.S.A., 126 F. Supp. 2d 882, 894-95 (E.D. Pa. 2000).

The awful scope of the ongoing opioid crisis in Pennsylvania need not be overstated to shock: 4,642 overdose-related deaths were reported in the commonwealth during 2016, with 13 Pennsylvanians dying every single day. In Philadelphia, alone, there were 907 overdose-related deaths. Nationwide, drug overdose is now the leading cause of death for all Americans under the age of 50, with two-thirds of those deaths being directly attributable to opioids.