SUBJECT
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Request Board to authorize the County Attorney to execute required documents to sign-on or "opt-in" to the Remnant Defendants Settlement for opioid litigation and execute all documents on behalf of Polk County required by the settlement.
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DESCRIPTION
The entire State of Florida has suffered harm as a result from the opioid epidemic. The State of Florida filed an action pending in Pasco County, Florida, and Polk County, and a number of Florida Cities and Counties filed actions which are consolidated into In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation"). Polk County has previously adopted Resolution 2021-063 to authorize Polk County to join the Florida Memorandum of Understanding (the "Florida Plan") which sets forth a framework of a unified plan for the proposed allocation and use of opioid settlement proceeds.
The Remnant Defendants Settlement (Defendants: Associated Pharmacies, Inc (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics)) has been reached that will resolve opioid litigation brought by the State of Florida and local political subdivisions. The proposed Remnant Defendants Settlement will result in the Six Remnant Defendants paying a combined $97,625,000.00 in cash to Eligible Entities for purposes of abating the opioid epidemic. The subdivisions must decide to participate in this settlement. Any subdivision that does not participate cannot directly share in any of the settlement funds.
RECOMMENDATION
Authorize the County Attorney to execute required documents to sign-on or "opt-in" to the Remnant Defendants Settlement for opioid litigation and execute all documents on behalf of Polk County required by the settlements.
FISCAL IMPACT
The settlement funds will b...
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