AI- 5346
.
Special / Executive Session Board of Supervisors Meeting
- Meeting Date:
- 07/09/2020
- Title:
- Proposed Potential Settlement Allocation Structure of Opioid Settlement Funds
- Submitted By:
- Susana Stark, County Attorney
- Department:
- County Attorney
Presentation:
No A/V Presentation
Recommendation:
Document Signatures:
# of ORIGINALS
Submitted for Signature:
Submitted for Signature:
NAME
of PRESENTER:
of PRESENTER:
Christine J. Roberts
TITLE
of PRESENTER:
of PRESENTER:
Chief Civil Deputy County Attorney
Mandated Function?:
Source of Mandate
or Basis for Support?:
or Basis for Support?:
Information
Agenda Item Text:
Discussion and direction regarding the proposed potential settlement allocation structure of Opioid Settlement funds between the state, counties and cities in the Opioid Multi District Litigation (“MDL”) pending in the U.S.D.C. Northern District of Ohio.
Background:
On March 27, 2018, at a Special meeting, the Board of Supervisors approved the County Attorney’s recommendation to join the Opioid MDL and to retain outside counsel, Ron Kilgard of Keller Rohrback to represent the County in the litigation. On June 29, 2018, Keller Rohrback filed Cochise County’s Complaint in the U.S.D.C. for Arizona and on July 16, 2018, the case as transferred into the Opioid MDL.
Settlement discussions in the Opioid MDL continue and it appears as though a settlement will be forthcoming in the future. Although we do not have exact numbers, the settlement will be a global settlement that will include the state, counties and cities. If the state and counties can agree on how that settlement will be allocated, the MDL Defendants will offer a larger settlement amount. By coming together, the state and participating local governments stand to gain much more in total settlement funds than if they choose to go it alone. Over the last 3 months, several proposals have been circulated and the Arizona Attorney General, county attorneys from all 15 counties and outside counsel have all met to discuss, revise and refine the various proposals. At this time, the Cochise County Attorney’s Office would like to discuss the most recent proposal with the Board of Supervisors and solicit guidance and direction from the Board.
Settlement discussions in the Opioid MDL continue and it appears as though a settlement will be forthcoming in the future. Although we do not have exact numbers, the settlement will be a global settlement that will include the state, counties and cities. If the state and counties can agree on how that settlement will be allocated, the MDL Defendants will offer a larger settlement amount. By coming together, the state and participating local governments stand to gain much more in total settlement funds than if they choose to go it alone. Over the last 3 months, several proposals have been circulated and the Arizona Attorney General, county attorneys from all 15 counties and outside counsel have all met to discuss, revise and refine the various proposals. At this time, the Cochise County Attorney’s Office would like to discuss the most recent proposal with the Board of Supervisors and solicit guidance and direction from the Board.
Department's Next Steps (if approved):
Implement any direction provided by Board of Supervisors, including contacting the Arizona Attorney General’s Office to discuss acceptance/rejection of the proposal.
Impact of NOT Approving/Alternatives:
Potential for lower settlement or an unfavorable allocation of the settlement to the County.
To BOS Staff: Document Disposition/Follow-Up:
N/A