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February 28, 2023
<br />
<br />Next Steps Following Council Action:
<br />
<br /> The City Manager or her designee will execute the required settlement documents.
<br />
<br /> The City will expend all settlement funds received for Approved Abatement
<br />Purposes.
<br />
<br />Motion by Mr. Moody, and seconded by Ms. Lucas-Burke, to adopt the following
<br />resolution, and was adopted by the following vote:
<br />
<br />“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 EXECUTE
<br />THE DOCUMENTS NECESSARY TO EFFECTUATE THE CITY’S PARTICIPATION IN
<br />THE SETTLEMENTS.
<br />
<br />
<br />WHEREAS,
<br /> the opioid epidemic that has cost thousands of human lives across
<br />the country also impacts the City of Portsmouth (the “City”) by adversely impacting the
<br />delivery of emergency medical, law enforcement, criminal justice, mental health and
<br />substance abuse services, and other services by the City’s various departments and
<br />agencies; and
<br />
<br />WHEREAS,
<br /> 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
<br />opioid epidemic has caused and continues to cause the citizens of Portsmouth; and
<br />
<br />WHEREAS,
<br /> the City has filed suit against Teva, Allergan, Walmart, Walgreens,
<br />CVS, and certain of their related corporate entities for their role in the distribution,
<br />manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid
<br />epidemic that has harmed the City; and
<br />
<br />WHEREAS,
<br /> the City’s suit seeks recovery of the public funds previously expended
<br />and to be expended in the future to abate the consequences and harms of the opioid
<br />epidemic; and
<br />
<br />WHEREAS,
<br /> settlement proposals have been negotiated that will cause Teva,
<br />Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve
<br />opioid-related claims against them; and
<br />
<br />WHEREAS,
<br /> the City has approved and adopted the Virginia Opioid Abatement
<br />Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and
<br />affirms that these pending settlements with Teva, Allergan, Walmart, CVS, and
<br />Walgreens shall be considered “Settlements” that are subject to the Virginia MOU, and
<br />shall be administered and allocated in the same manner as the opioid settlements entered
<br />into previously with the Distributors and Janssen; and
<br />
<br />WHEREAS,
<br /> the City’s outside opioid litigation counsel has recommended that the
<br />City participate in the settlements in order to recover its share of the funds that the
<br />settlement would provide; and
<br />
<br />WHEREAS,
<br /> the City Attorney has reviewed the available information about the
<br />proposed settlements and concurs with the recommendation of outside counsel;
<br />
<br />NOW, THEREFORE, BE IT RESOLVED
<br /> by the City Council of the City of
<br />th
<br />Portsmouth, Virginia, that effective this 28 day of February, 2023, it approves of the
<br />City’s participation in the proposed settlement of opioid-related claims against Teva,
<br />Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the
<br />City Manager or her designee to execute the documents necessary to effectuate the
<br />City’s participation in the settlements, including the required release of claims against
<br />settling entities.”
<br />
<br />Ayes: Barnes, Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover
<br />Nays: None
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