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Regular Agenda Item 4. H.
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| Regular BOS Meeting |
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| Information |
| Request/Subject |
| Authorize and direct the Gila County Attorney to sign and submit the required participation forms so that Gila County may participate in new opioid litigation settlements against two pharmaceutical manufacturers and three pharmacies. |
| Background Information |
Gila County is already participating in opioid-litigation settlement agreements with three opioid distributors: McKesson, AmerisourceBergen, and Cardinal, and also with opioid manufacturer Johnson & Johnson. These settlements are governed by a binding distribution agreement regarding how the settlement funds must be distributed in Arizona, i.e. One Arizona Distribution of Opioid Agreement Funds Agreement.
There is now an opportunity for Gila County to participate in additional opioid-litigation settlement agreements.
The State of Arizona has elected to participate in new opioid-litigation settlements with two pharmaceutical manufacturers: Teva and Allergen; and three pharmacies: CVS, Walgreens, and Walmart.
Gila County may also participate in each of these settlements. Gila County must "opt-in" to participate. To do so the required documentation must be submitted; the deadline is April 18, 2023.
The nationwide settlements total over $20 billion. Of this amount, approximately $17 billion will be used by participating states and subdivisions to remediate and abate the impacts of the opioid crisis.
Each settlement proposal has two steps. First, each eligible state decides whether to participate in each settlement (the State of Arizona has elected to participate in settlement agreements with Teva, Allergen, CVS, Walgreens, and Walmart). Second, eligible subdivisions within each state decide whether to participate in each settlement. The more subdivisions that participate, the more funds flow to Arizona and its subdivisions. Any subdivision that does not participate cannot directly share in any of the settlement funds.
Gila County may participate in the settlements even though it has not filed a lawsuit against Teva, Allergen, CVS, Walgreens, or Walmart.
In order to participate, Gila County must sign and return the required participation form for each settlement by the deadline, of April 18, 2023. |
| Evaluation |
| Participating in these new settlement agreements against these new opioid defendants is an opportunity for Gila County to obtain more opioid litigation settlement funds to be used to remediate and abate the impacts of the opioid crisis in Gila County. |
| Conclusion |
| The Gila County Attorney believes the Gila County Board of Supervisors would be well advised to authorize the Gila County Attorney to sign and submit the required participation forms so that Gila County may participate in these new opioid-litigation settlements against Teva, Allergen, CVS, Walgreens, and Walmart. |
| Recommendation |
| The Gila County Attorney recommends that the Gila County Board of Supervisors authorized the Gila County Attorney to sign and submit the required participation forms so that Gila County may participate in new opioid litigation settlements with Teva, Allergen, CVS, Walgreens, and Walmart. |
| Suggested Motion |
| Information/Discussion/Action to authorize and direct the Gila County Attorney to sign and submit the required participation forms so that Gila County may participate in the new opioid litigation settlements with Teva, Allergen, CVS, Walgreens, and Walmart. (Jefferson Dalton) |
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