Post date: Apr 27, 2018 5:20:24 PM
I've attached some information about the multi-municipality lawsuit regarding opiods and their manufacturers. KP Law is part of the group pursuing this with Massachusetts communities. Below is a note circulated on the Manager's mailing list. I'm still evaluating next steps and whether it makes sense for us to join and what that would require.
From: Mark R. Reich [mailto:MReich@k-plaw.com]
Sent: Friday, March 16, 2018 1:25 PM
Subject: Proposed Opioid Litigation
Paul –
I wanted to provide you with information regarding the proposed opioid litigation discussed yesterday which is being pursued by municipalities throughout Massachusetts. This litigation is being brought against the manufacturers and distributors of opioids based upon theories of nuisance, negligence, and RICO, in an effort to address the opioid crisis and the determination that the flood of opioids into the market has resulted in significant costs to municipalities. This litigation is being undertaken in an effort to recoup those costs, provide for future costs, and hold the manufacturers and distributors accountable.
I have attached the most recent informational brochure from the Massachusetts Opioid Litigation Attorneys (MOLA) group. This firm has joined the consortium, which consists of local and national firms, to assist in the recovery of municipal costs resulting from the opioid crisis. The consortium involves, on a local basis, the firms of Rodman, Rodman & Sandman of Malden and Sweeney Merrigan of Greenfield and Boston. We worked with Rodman, Rodman & Sandman, a firm out of Malden, when they represented a number of our municipal clients in the successful MTBE litigation. Our experience with that firm, and particularly Richard Sandman, led us to conclude that they would be a good group to work with on the opioid litigation. The Merrigans, Tom and his sons Tucker and Peter, also have great Massachusetts connections. Tom is a former judge and a former member of the Governor’s Council, and his brother was a State Representative. The larger group includes several firms that hold leadership positions with respect to the multi-district litigation, including leadership positions on the Plaintiffs Executive Committee. See, for example, https://www.levinlaw.com/government-opioid-lawsuit
for more on that.
There is additional information available here:
Attorney Peter Merrigan, from Sweeney Merrigan, explains the litigation and the issues involved in an interview with Talk of the Commonwealth at the following link:
Peter spoke to WBUR as well, and that interview can be heard here:
http://www.wbur.org/commonhealth/2017/12/06/small-towns-big-pharma-suits.
The full 60 Minutes episode addressing the opioid crisis and DEA efforts from earlier this year can be viewed here:
A story involving a West Virginia town heavily impacted by the crisis, the summary of which can be found here (there are many, many similar links if you google the location and the word “opioid”, and similar situations in many areas of Ohio):
https://www.nbcnews.com/news/us-news/welcome-williamson-w-va-where-there-are-6-500-opioid-n843821
There are many short videos from various news outlets available on this You Tube page:
https://www.youtube.com/watch?v=xismCvddp0g
(note that the content of this link may change from time to time, and some of the videos are from more reputable news outlets than others…)
I have also attached a copy of the Greenfield complaint, filed in Federal District Court in Western Massachusetts, which includes statistics and facts, as well as the outline of the legal theories underlying the litigation. Please note that this is not a class action lawsuit, but is a tort action being undertaken through the Multi District Litigation process, meaning that suit is filed on behalf of each municipality in Massachusetts Federal District Court and no class certification is required. The suits will be consolidated for consideration in the Northern District of Ohio. The presiding judge in the MDL process has indicated that he expects to take an aggressive approach towards settlement. I have attached a link to a New York Times article regarding this approach:
https://www.nytimes.com/2018/03/05/health/opioid-crisis-judge-lawsuits.html
The litigation will be handled on a contingency basis, meaning that all costs and fees are fronted by the attorneys with no costs to the Town unless there is a recovery. If there is a recovery, the legal fees are 25% of that recovery plus expenses, with a cap on combined fees and expenses of 50% of the recovery. Our fees will be paid out of the 25% attorney fee, meaning that we will be able to advise you on this matter at no additional cost since our fee is combined with the overall attorney fee percentage.
Please let me know if you have any further questions, as I would be happy to provide whatever additional information is needed or of interest. If the Town would like to join in this litigation effort, I can provide you with an appropriate legal services agreement
I hope this information is helpful to you as you wade into this very pressing issue.
Thank you.
Mark
Mark R. Reich, Esq.
KP | LAW
101 Arch Street, 12th Floor
Boston, MA 02110