Commission votes to pursue legal action in opioid crisis
Shelby County has taken the first step toward pursuing legal action in the ongoing opioid crisis.
During its March 12 meeting, the Shelby County Commission unanimously approved a resolution that would allow the county to pursue damages for opioid-related losses to the county and its citizens.
Before voting, the commission went into a 40-minute long executive meeting to discuss the litigation at hand, and upon reconvening the commission meeting, voted on the resolution. By passing the resolution, Shelby County joins a growing list of states, counties and cities seeking legal action against pharmaceutical manufacturing companies and the distributors of opioids.
“This litigation is dealing with the manufacturers and distributers of [opioids], that clearly there was not a true, forthright marketing approach,” said County Manager Alex Dudchock.
While opioids are sometimes necessary, Dudchock said, he does not believe they are needed at the rate they were being marketed.
According to the resolution, the county aims to protect citizens “from deceptive and unfair marketing practices and the illegal and inappropriate selling and distribution of opioids which are ravaging the citizens of Shelby County.”
In Shelby County, there were 57 overdose deaths in 2015, 36 in 2016 and 32 from January to October of 2017, according to numbers released by Compact 2020. Many times, individuals have opioid prescriptions, and when they are unable to have those prescription refilled, will turn toward illegal substances, Dudchock said.
“This [litigation] shows that our county commission recognizes that we need to be part of working to get solutions, asking for solutions from industry leaders,” Dudchock said.
The litigation, according to the resolution, also seeks to modify manufacturer and distributor behavior.
First, the court system will need to determine if the county has standing in the case, which Dudchock said he believes they do.
The commission had previously held executive sessions and discussed this litigation, Dudchock said, and took action to “have a position at the table.”
“It is not appropriate for us to wait because we want to have awards to come straight from the federal findings,” Dudchock said, “and not have to rely upon some type of formula-type based approach that may happen from the state government if it comes that way.”
The county will employ Beasley, Allen, Crow, Methvin, Portis and Miles P.C., as well as the county attorneys, according to the resolution, and the attorneys’ fee will be 27.5 percent of the net recovery after reimbursement of expenses.
Any damages awarded to the county will go toward educational programs, Dudchock said, to help battle the opioid epidemic.
“Any money that we receive will go to prevention, education and community-based programs to help with this because it will not be a short-term fix,” Dudchock said. “It will take an extended period of time to help folks that maybe were unfortunately led to believe that was the only level of pain management and drug component for their individual treatment.”
Also at the meeting, the commission:
- Approved appointment terms for John A. Jones, who will serve on the Board of Equalization through June 1, 2021; and Jim Martin, who will fulfill the unexpired term of Jim Latham through June 1, 2019.
- Awarded a bid for pressure sealed check forms.
- Approved a resolution stating that no bids were received for Automotive Brake Services, and there fore purchases will be made as outlined in state bid law.
- Approved the minutes from the Feb. 26 commission meeting.