To: Board of County Commissioners
Through:
Prepared By:
prepared
Ron Carl, County Attorney
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Subject:
title
Opioid Litigation Settlement Documents
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Purpose and Request:
recommended action
The purpose of this item is to request approval of a resolution authorizing the Chair of the Board of County Commissioners to execute the following documents: 1) a Memorandum of Understanding (MOU) between Colorado counties/municipalities and the Colorado Attorney General regarding the statewide allocation of settlement funds from the nationwide opioid litigation, 2) settlement participation forms, including releases of claims, related to the big 3 opioid distributor (McKesson, Cardinal Health and AmerisourceBergen) and Johnson & Johnson (Janssen) settlements, and 3) an escrow agreement form (explained in more detail below).
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Background and Discussion: In anticipation of the large $20 billion plus settlements negotiated with the big 3 opioid distributors and John & Johnson, and potential future settlements with other defendants, representatives of counties and municipalities have negotiated a MOU with the Colorado Attorney General regarding the distribution of opioid litigation settlement funds. The final product as contained in the attached MOU has opioid settlement funds (both for current and future settlements) being distributed as follows: 20% directly to counties/municipalities that sign the MOU, 60% to regions of counties/municipalities (Arapahoe County will be its own single-county region), 10% to a special infrastructure fund, and 10% to the AG's Office. Pursuant to the MOU and the terms of the settlements, all of the settlement funds are required to be used for opioid abatement, with the exception that the MOU also provides for the payment of attorney's fees for the outside litigation attorneys that were retained by many counties/cities, including Arapahoe County, and whose work substantially contributed to the settlements. The attached res...
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