AI- 3865
1.
Special / Executive Session Board of Supervisors Meeting
- Meeting Date:
- 03/27/2018
- Title:
- Opioid Litigation
- Submitted By:
- Arlethe Rios, Board of Supervisors
- Department:
- Board of Supervisors
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Brian McIntyre
TITLE
of PRESENTER:
of PRESENTER:
County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Discussion and possible direction regarding joining the Opioid Multi District Litigation (“MDL”) (In re: National Prescription Opiate Litigation, Case no. 1:17-MD-2804), and retaining outside counsel to represent the County in the litigation.
Background:
80% of the opioids manufactured world-wide are consumed by Americans. Opioid abuse and addiction is a very serious problem in Cochise County, and in all of Arizona, prompting Governor Ducey to declare it an opioid crisis and epidemic. Cochise County, and many other counties throughout the country, have spent a great deal of money and resources to address the opioid epidemic, such as increased use of emergency responders for opioid overdoses, drug clinic costs, the use of Narcan and Naloxone to counteract opioid overdoses and treat opioid addiction, and increased policing costs due to drug related crimes and the increased demand for illegal drugs, as opioid substitutes.
Over 200 cities, counties and states across the country have filed lawsuits against the opioid drug manufacturers and distributors that have deliberately campaigned to deceive patients, doctors and health agencies in to thinking the use of opioids was non-addictive and safe for long-term pain management. Briefly, the lawsuits allege claims against these parties for their role in creating the opioid epidemic. These lawsuits have been consolidated in an MDL in the U.S.D.C. Northern District of Ohio. Assigned to Judge Dan A. Polster.
MDL Judge Dan A. Polster is attempting to move parties in the MDL to settlement, rather than prolonged litigation. At this time, Cochise County may want to consider joining the litigation.
Over 200 cities, counties and states across the country have filed lawsuits against the opioid drug manufacturers and distributors that have deliberately campaigned to deceive patients, doctors and health agencies in to thinking the use of opioids was non-addictive and safe for long-term pain management. Briefly, the lawsuits allege claims against these parties for their role in creating the opioid epidemic. These lawsuits have been consolidated in an MDL in the U.S.D.C. Northern District of Ohio. Assigned to Judge Dan A. Polster.
MDL Judge Dan A. Polster is attempting to move parties in the MDL to settlement, rather than prolonged litigation. At this time, Cochise County may want to consider joining the litigation.
Department's Next Steps (if approved):
Implement any direction provided by Board of Supervisors, including a decision to retain outside counsel and join the litigation, draft and approve Board Resolution and Engagement Letter.
Impact of NOT Approving/Alternatives:
The currently pending actions in the MDL are not class actions. Therefore, there are no unnamed or absent class members. As such, if Cochise County does not participate in the litigation, it will not be included in any potential settlements, and will not have a seat at the table in crafting the remedies in any potential settlement.
To BOS Staff: Document Disposition/Follow-Up:
n/a