Spurlock, et al. v. Wexford Health Sources, Inc.

Berger Montague is Co-Counsel in a case against Wexford Health Sources, Inc. (“Wexford”), a provider of comprehensive health care services to correctional facilities, which allegedly has been denying medication for Opioid Use Disorder to patients in violation of the medical standard of care and the Constitution.

In July of 2025, the United States District Court for the Southern District of West Virginia issued an order granting class certification to the plaintiffs in a class action lawsuit against Wexford.

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 comprised of individuals who are currently, or will in the future, be confined at a correctional facility for which Wexford provides healthcare services, who have a diagnosis of Opioid Use Disorder at the time of intake, are diagnosed during incarceration, test positive during incarceration, or are monitored for opioid withdrawal during incarceration.

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.

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.