Orange County NC Website
25 <br /> VOTE: UNANIMOUS <br /> Chair Price said this has been a long process, and all are acting with good intent. She <br /> said the purpose of the meeting at the Rogers Eubanks Neighborhood Association was to make <br /> sure everyone had access to the same information. <br /> b. Opt-in to the National Settlement with Janssen and National Distributors <br /> The Board considered entering the national settlement as previously approved by the <br /> Board of Commissioners in Closed Session. <br /> BACKGROUND: <br /> As previously reported to the Board of Commissioners, the County's national attorneys have <br /> been negotiating with multiple defendants in the national opioid litigation in order to reach a <br /> settlement. There are two proposed nationwide settlement agreements ("Settlements") that <br /> have been reached that will resolve all opioid litigation brought by states and local political <br /> subdivisions against the three largest pharmaceutical distributors, McKesson, Cardinal Health, <br /> and AmerisourceBergen ("Distributors"), and one manufacturer, Janssen Pharmaceuticals, Inc., <br /> and its parent company Johnson & Johnson (collectively, "Janssen"). This leaves open <br /> litigation against numerous other and generally smaller corporate defendants. <br /> The proposed Settlements require the Distributors and Janssen to pay billions of dollars to <br /> abate the opioid epidemic. Specifically, the Settlements require the Distributors to pay up to $21 <br /> billion over 18 years and Janssen to pay up to $5 billion over no more than 9 years, for a total of <br /> $26 billion (the "Settlement Amount"). Of the Settlement Amount, approximately $22.7 billion is <br /> earmarked for use by participating states and subdivisions to remediate and abate the impacts <br /> of the opioid crisis. <br /> The Settlements also contain injunctive relief provisions governing the opioid marketing, sale <br /> and distribution practices at the heart of the states' and subdivisions' lawsuits and further <br /> require the Distributors to implement additional safeguards to prevent diversion of prescription <br /> opioids. <br /> Each of the proposed Settlements has two key participation steps. First, each state decides <br /> whether to participate in the Settlements. North Carolina has joined both Settlements. Second, <br /> the subdivisions within each participating state must then decide whether to participate in the <br /> Settlements. The Board of Commissioners has approved participation in closed session and <br /> this action is to formally enter the settlement. <br /> By formally entering the settlement and executing the attached documents, Orange County will <br /> release the Distributors and Janssen from further liability related to opioid impacts in Orange <br /> County and the County will gain access to the settlement funds allotted to North Carolina. <br /> John Roberts, County Attorney, reviewed the background information for the item, and <br /> said this is something the Board previously tentatively approved in closed session. He said the <br /> BOCC was previously advised as the litigation progressed, and authorized him to communicate <br /> to the national attorneys that Orange County was willing to participate in the settlement. He said <br /> in open session, the Board approved a memorandum of agreement with the state on how to <br /> divide up the settlement and bankruptcy funds for the defendants. He said the settlement <br /> agreement has a little over$22 billion from the defendants that are settling this particular <br />