Class Certified in Lawsuit Against Private Prison Contractor for Denying Medication for Opioid Use Disorder

PHILADELPHIA, July 29, 2025 /PRNewswire/ -- The law firms Berger Montague PC and Tycko & Zavareei LLP have obtained a decision granting class certification for their clients in a lawsuit against Wexford Health Sources, Inc. ("Wexford"), a provider of healthcare services to correctional facilities, for allegedly denying medication for Opioid Use Disorder to patients in violation of the medical standard of care and the Constitution. The United States District Court for the Southern District of West Virginia issued the order in Spurlock v. Wexford Health Sources, Inc., No. 3:23-0476 (S.D. West Virginia), which alleges that in denying prisoners necessary medication for Opioid Use Disorder, the defendant violated the standard of care and the Constitution.

"This is an important procedural step in this civil rights case for our firm's clients and the class members they represent," said Executive Shareholder Shanon J. Carson." We are proud of our legal team for its diligence efforts." The Berger Montague team also includes Julie Selesnick and Natalie Lesser.

"We see this case as an opportunity to help combat the opioid epidemic that is gripping this country, and the Court's order is an important move in that direction," said Tycko & Zavareei attorney Anna Haac. "Wexford should be held accountable for pocketing hundreds of millions in taxpayer dollars each year, while failing to provide life-saving medication to those under its care who desperately need it."

The plaintiffs are asserting claims for violations of the Eighth and Fourteenth Amendments to the U.S. Constitution, alleging that Wexford engaged in deliberate indifference to the medical needs of incarcerated individuals. In certifying the classes, the Court recognized a central and common question of whether medication for Opioid Use Disorder is the standard of care and whether Wexford's policy limiting access to FDA-approved medication constitutes deliberate indifference.

The Court certified two classes, including a damages class of individuals who were confined at certain correctional facilities, had a diagnosis of Opioid Use Disorder, had a prescription for FDA-approved medication to treat the disorder, or were monitored for opioid withdrawal during incarceration, and were not continued on their medication or properly screened. The Court also certified a class for potential injunctive relief to obtain changes in Wexford's policies going forward.

As the lawsuit continues, the plaintiffs look forward to proving their class action claims at trial. The law firms are also interested in hearing from men and women across the United States who were denied medication for Opioid Use Disorder while in prison, so that they can continue to tell the story of what is happening in America in this regard and try to fix it. Information about the case is available at www.bergermontague.com/wexford.

Berger Montague is one of the nation's preeminent law firms focusing on complex civil litigation, class actions, and mass torts in federal and state courts throughout the United States. The firm is active in the fields of antitrust, civil rights, commercial litigation, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played lead roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, D.C., and Wilmington, DE.

Tycko & Zavareei LLP (TZ) was founded with a mission to protect the public interest through significant, impactful litigation. The firm' s practice focuses on complex litigation, with a particular emphasis on consumer and other types of class actions, as well as qui tam and False Claims Act litigation. As part of its class action practice, the firm has recovered hundreds of millions of dollars for consumers who have been victims of corporate wrongdoing resulting in financial harm, including from junk fees, high interest loans, labeling misrepresentations, civil rights violations, product defects, breach of contract, privacy violations, and other unfair business practices.

Media contact:
Amy Wall-Monte, Marketing Director
Berger Montague PC
Email: [email protected]
Telephone: (215) 875-3021

SOURCE Berger Montague