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R -23 -12
<br />A RESOLUTION APPROVING THE CITY OF PORTSMOUTH'S PARTICIPATION IN
<br />THE PROPOSED SETTLEMENT OF OPIOID- RELATED CLAIMS AGAINST TEVA,
<br />ALLERGAN, WALMART, WALGREENS, CVS, AND THEIR RELATED CORPORATE
<br />ENTITIES, AND DIRECTING THE CITY MANAGER OR HER DESIGNEE TO
<br />EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE CITY'S
<br />PARTICIPATION IN THE SETTLEMENTS.
<br />WHEREAS, the opioid epidemic that has cost thousands of human lives across the country
<br />also impacts the City of Portsmouth (the "City ") by adversely impacting the delivery of emergency
<br />medical, law enforcement, criminal justice, mental health and substance abuse services, and other
<br />services by the City's various departments and agencies; and
<br />WHEREAS, the City has been required and will continue to be required to allocate
<br />substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid
<br />epidemic has caused and continues to cause the citizens of Portsmouth; and
<br />WHEREAS, the City has filed suit against Teva, Allergan, Walmart, Walgreens, CVS,
<br />and certain of their related corporate entities for their role in the distribution, manufacture, and sale
<br />of the pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the
<br />City; and
<br />WHEREAS, the City's suit seeks recovery of the public funds previously expended and
<br />to be expended in the future to abate the consequences and harms of the opioid epidemic; and
<br />WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan,
<br />Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid- related
<br />claims against them; and
<br />WHEREAS, the City has approved and adopted the Virginia Opioid Abatement Fund and
<br />Settlement Allocation Memorandum of Understanding (the "Virginia MOU "), and affirms that
<br />these pending settlements with Teva, Allergan, Walmart, CVS, and Walgreens shall be considered
<br />"Settlements" that are subject to the Virginia MOU, and shall be administered and allocated in the
<br />same manner as the opioid settlements entered into previously with the Distributors and Janssen;
<br />and
<br />WHEREAS, the City's outside opioid litigation counsel has recommended that the City
<br />participate in the settlements in order to recover its share of the funds that the settlement would
<br />provide; and
<br />WHEREAS, the City Attorney has reviewed the available information about the proposed
<br />settlements and concurs with the recommendation of outside counsel;
<br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
<br />Portsmouth, Virginia, that effective this 28th day of February, 2023, it approves of the City's
<br />participation in the proposed settlement of opioid - related claims against Teva, Allergan, Walmart,
<br />Walgreens, CVS, and their related corporate entities, and directs the City Manager or her designee
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