Major U.S. drugstore chains are asking an Ohio federal judge to reconsider his refusal to dismiss lawsuits filed by Trumbull and Lake counties, alleging that the way pharmacies dispensed pain pills contributed to the opioid crisis in their communities.

Walgreens and Walmart are among the pharmacy chains objecting to a ruling by U.S. District Judge Aaron Polster, denying motions to dismiss lawsuits claiming the dispensing policies were a public nuisance.

The suits that also target Giant Eagle, CVS, and Rite Aid, allege that between 2000 and 2014, the pharmacies dispensed 68-million doses of opioids in Trumbull County.  With a population of 209,000, attorneys say that is an equivalent of 320 pills for every resident during the period.

Attorneys for Walmart have filed a motion asking Judge Polster to reconsider his refusal to dismiss the suits, claiming the decision will have far-reaching consequences.

The pharmacies challenge the court’s interpretation that federal rules mandate that they have an obligation to design and implement procedures to identify “red flag” prescriptions.

“The holding runs contrary to decades of pharmacy law, infringes on the prerogatives of the legislative and executive branches, and threatens the balance between ensuring that patients have access to prescribed medications,” said Walmart in its motion.

Walmart attorneys say it is difficult, if not impossible, to tell the difference between prescriptions being used for legitimate and illegitimate purposes since it may depend upon the “secret and subjective” intentions of a customer and a prescriber.

The motion says Polster’s decision was based on an Ohio rule that the pharmacies say does not apply to this case. 

If Judge Polster does not reconsider, pharmacy attorneys ask that he let the Ohio Supreme Court decide if the state rule should apply in this case.

A trial in the case is scheduled for next May.