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County Attorney's Report 7. 1.

BCC Regular Meeting

Information

Meeting Date:	09/19/2019
Issue: National Prescription Opiate Litigation, Case No. 1:17-MD-2804
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning The National Prescription Opiate Litigation, Case No. 1:17-MD-2804

That the Board accept the following informational report concerning the National Prescription Opiate Litigation, Case No. 1:17-MD-2804.

BACKGROUND:

Judge Polster, U.S. District Judge for the Northern District of Ohio is the District Judge who has responsibility for presiding over consolidated suits involving major pharmaceutical companies in this multi-district litigation. Judge Polster has entered an order certifying a "negotiation" class in which he has given the parties the opportunity to engage in negotiations with a view towards a nationwide settlement of all pending litigation. He also appointed a negotiation committee consisting of several attorneys. Escambia County, along with 48 other local governments, has been named as a class representative. Escambia joins Broward and Palm Beach Counties as the only named Florida counties as class representatives.

Peter Mougey and Jeff Gaddy, attorneys with the Levin, Papantonio law firm will be representing the County. The Court's order certifying the negotiating class will not prevent our counsel from working with the negotiation committee to negotiate with the pharmaceutical companies. The legal issues are complex and involve hundreds of cities and county governments beyond the 49 cities and county governments named class representatives in the negotiation class and include pharmaceutical companies which have varying degrees of financial capability to answer in damages in a monetary settlement. Thus, the Court has given the negotiation class five years in which to reach a global settlement or settlements.

At any time, a particular city or county government can opt out of the negotiation class and proceed to trial. As explained by Judge Polster, the certification of the negotiation class does not stop any litigation from continuing and does not interfere with any upcoming trials that are scheduled. Judge Polster is providing a vehicle to settle claims in an expeditious manner if the parties so choose.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Order Certifying Class