AI- 5461
.
Special / Executive Session Board of Supervisors Mtg-1:30pm
- Meeting Date:
- 09/29/2020
- Title:
- Discussion on County's participation as a Bellwether case for the Opioid Multi District Litigation
- 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 of new developments in the Opioid litigation and direction regarding the County’s participation as a bellwether case for the Opioid Multi District Litigation (“MDL”).
Pursuant to A.R.S. § 38-431.03(A)(3) and (4), the Board may go into executive session for legal advice with the attorney of the public body and to consider its position and instruct its attorneys regarding the public body's position in pending litigation.
Pursuant to A.R.S. § 38-431.03(A)(3) and (4), the Board may go into executive session for legal advice with the attorney of the public body and to consider its position and instruct its attorneys regarding the public body's position in pending litigation.
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 was transferred into the Opioid MDL.
The Opioid MDL focuses on the manufacturers and distributors of opioids. However, pharmacies that filled the opioid prescriptions are also defendants in the lawsuit. Recently, one pharmacy defendant has been identified as a key player in putting these opioids out into the community, especially in Cochise County.
At this time, the Cochise County Attorney’s Office would like to discuss the recent developments with the Board of Supervisors and solicit guidance and direction from the Board as to potentially participating as a bellwether case against the pharmacy in the Opioid MDL.
The Opioid MDL focuses on the manufacturers and distributors of opioids. However, pharmacies that filled the opioid prescriptions are also defendants in the lawsuit. Recently, one pharmacy defendant has been identified as a key player in putting these opioids out into the community, especially in Cochise County.
At this time, the Cochise County Attorney’s Office would like to discuss the recent developments with the Board of Supervisors and solicit guidance and direction from the Board as to potentially participating as a bellwether case against the pharmacy in the Opioid MDL.
Department's Next Steps (if approved):
Implement any direction provided by Board of Supervisors, including contacting outside counsel to discuss further litigation efforts.
Impact of NOT Approving/Alternatives:
N/A
To BOS Staff: Document Disposition/Follow-Up:
N/A