Resolution authorizing City to be Plaintiff in Opioid Litigation Jennifer Magaña, City Attorney Law Department September 3, 2019
Multi-District Opioid Litigation 2 • Approximately 2,000 cities, counties and other local governments have filed individual lawsuits against opioid manufacturers and distributors and pharmacies for opioid-crisis related claims • The Northern District Court of Ohio is coordinating multiple lawsuits with common claims arising from opioid crisis
Common theory of cases 3 Plaintiffs allege that the manufacturers of prescription opioids grossly misrepresented the risks of long-term use of those drugs for persons with chronic pain, and distributors failed to properly monitor suspicious orders of those prescription drugs--all of which contributed to the current opioid epidemic.
City of Wichita as Plaintiff 4 • City would join multi-district litigation as a Plaintiff to seek monetary damages against multiple defendants incurred as a result of the economic burden of the opioid crisis • City would be an individual Plaintiff • Proposed representation by Hutton & Hutton Firm Group would be on 20% contingency fee basis • No cost to City, but staff time would be required to provide necessary documentation of damages
5 • City would file a lawsuit as a governmental entity plaintiff and submit documentation of damages resulting from opioid crisis-related economic burdens specific to City • Bellwether case will test legal arguments and determine how future opioid cases will be evaluated • No guarantee of a particular outcome or of recovery
6 Recommendation • Adopt resolution authorizing City to become a plaintiff in multi-district litigation against opioid manufacturers and distributors, and pharmacies and approving engagement of the Hutton and Hutton firm group to represent the City of Wichita
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