2024 Resolutions - Laserfiche WebLink

Home Browse Search

R-24-15 A RESOLUTION OF THE PORTSMOUTH CITY COUNCIL APPROVING THE CITY'S PARTICIPATION IN THE PROPOSED SETTLEMENT OF OPIOID -RELATED CLAIMS AGAINST KROGER AND ITS RELATED CORPORATE ENTITIES, AND DIRECTING THE CITY MANAGER, CITY ATTORNEY, AND/OR THE CITY'S OUTSIDE COUNSEL TO EXECUTE THE DOCUMENTS NECESSARY TO EFFECTUATE THE CITY'S PARTICIPATION IN THE SETTLEMENTS. WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts Portsmouth by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by Portsmouth's various departments and agencies; and WHEREAS, Portsmouth has been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of Portsmouth; and WHEREAS, a settlement proposal has been negotiated that will cause Kroger to pay over a billion dollars nationwide to resolve opioid -related claims against it; and WHEREAS, the City has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the "Virginia MOU"), and affirms that this pending settlement with Kroger shall be considered a "Settlement" that is subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with the Distributors, Janssen, Teva, Allergan, Walmart, CVS, and Walgreens; and WHEREAS, the City's outside opioid litigation counsel has recommended that the City participate in the settlement in order to recover its share of the funds that the settlement would provide; and WHEREAS, the City Attorney has reviewed the available information about the proposed settlements and concurs with the recommendation of outside counsel; NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia: 1. That it approves of the City's participation in the proposed settlement of opioid - related claims against Kroger and its related corporate entities. 2. That it directs the City Manager, the City Attorney, and the City's outside counsel to execute the documents necessary to effectuate the City's participation in the settlements, including the required release of claims against Kroger 3. That this Resolution shall be effective immediately upon its adoption.