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File #: 21-1200    Version: 1 Name: Settlement of Cases Against Distributor Defendants and Defendant Johnson & Johnson in the federal multidistrict National Prescription Opiate Litigation
Type: Agenda Item Status: Approved
File created: 11/9/2021 In control: County Counsel
On agenda: 11/16/2021 Final action: 11/16/2021
Enactment date: Enactment #: Agreement No. 21-468, Agreement No. 21-469
Title: 1. Approve and Authorize Chairman or County Counsel to execute and submit all necessary settlement documents and the intrastate allocation agreement to resolve the County's claims against the Distributor Defendants in the National Prescription Opiate Litigation, U.S. District Court for the Northern District of Ohio, Case No. 1:17-md-02804. 2. Approve and Authorize Chairman or County Counsel to execute and submit all necessary settlement documents and the intrastate allocation agreement to resolve the County's claims against Janssen (Johnson & Johnson) in the National Prescription Opiate Litigation, U.S. District Court for the Northern District of Ohio, Case No. 1:17-md-02804.
Attachments: 1. Agenda Item, 2. National Opioid Settlement Maximum Payment Flow Chart, 3. National Opioid Settlement Base and Incentive Payments Chart, 4. Agreement A-21-468 Distributor Settlement Agreement, 5. Agreement A-21-469 Janssen Settlement Agreement
DATE: November 16, 2021

TO: Board of Supervisors

SUBMITTED BY: Daniel C. Cederborg, County Counsel

SUBJECT: Settlement of Cases Against Distributor Defendants and Defendant Johnson & Johnson in the federal multidistrict National Prescription Opiate Litigation

RECOMMENDED ACTION(S):
TITLE
1. Approve and Authorize Chairman or County Counsel to execute and submit all necessary settlement documents and the intrastate allocation agreement to resolve the County's claims against the Distributor Defendants in the National Prescription Opiate Litigation, U.S. District Court for the Northern District of Ohio, Case No. 1:17-md-02804.

2. Approve and Authorize Chairman or County Counsel to execute and submit all necessary settlement documents and the intrastate allocation agreement to resolve the County's claims against Janssen (Johnson & Johnson) in the National Prescription Opiate Litigation, U.S. District Court for the Northern District of Ohio, Case No. 1:17-md-02804.
REPORT
The recommended actions will allow the Board Chairman or County Counsel to execute settlement/participation agreements and intra-state allocation agreements, along with all other required documentation in two partial settlements involving opioid Distributor Defendants and Defendant Janssen (Johnson & Johnson) an opioid manufacturer in the multidistrict federal litigation In Re National Prescription Opiate Litigation, currently pending in the United States District Court for the Northern District of Ohio, Case No. 1:17-md-02804. The County is part of a California Consortium of approximately 35 counties and some cities who have experienced damages resulting from the opioid addiction process.

ALTERNATIVE ACTION(S):

The Board of Supervisors could decline to approve the proposed settlements in which case the County of Fresno would not receive the payments called for under the settlement agreements and its litigation against the defendants would continue.

FISCAL IMPACT:

The exact settlement amo...

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