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{ was lye <br /> ORANGE COUNTY � fr <br /> P.O. BOX 8181 <br /> Office of the County HILLSBOROUGH, NC 27278 <br /> Attorney <br /> TO: Board of County Commissioners <br /> Jamezetta Bedford, Chair <br /> Jean Hamilton, Vice Chair <br /> Marilyn Carter <br /> Amy Fowler <br /> Sally Greene <br /> Earl McKee <br /> Phyllis Portie-Ascott <br /> FROM: John Roberts, County Attorney <br /> DATE: September 4, 2025 <br /> RE: Settlement Report— MDL 2804 <br /> The purpose of this memorandum is to report the terms of multiple settlements related to the <br /> National Opioid Litigation. The National Opioid Litigation is a class-type action that has been <br /> ongoing since 2017. Multiple defendants remain and Orange County continues to participate as a <br /> plaintiff. <br /> North Carolina General Statute 143-318.11(a)(3) provides that when the settlement of litigation is <br /> authorized or considered in closed session the terms of the settlement will be entered into the <br /> minutes of the public body. As a member of a defined class of plaintiffs Orange County is not <br /> making decisions regarding the direction of the litigation, which is reserved to the national counsel <br /> and certain class representatives. Orange County's decisions are related to whether to continue to <br /> participate in the litigation and whether to accept settlements with certain defendants as <br /> recommended by the national litigation counsel. The Board of Commissioners has received multiple <br /> reports during closed session. <br /> Orange County has agreed to settlements with multiple defendants some of which involve <br /> bankruptcies. AmerisourceBergen, Cardinal Health, McKesson, Janssen, Mallinckrodt, McKinsey <br /> and Company, Teva, Allergan, Endo, CVS, Walgreens, Walmart, and Kroger Co., have settled all <br /> claims for an amount in excess of 46 billion dollars. The Court has approved these settlements and <br /> the payments will continue through approximately 2038. Additionally, settlements have been <br /> entered but not yet finalized with multiple additional defendants including Alvogen, Amneal, Apotex, <br /> Hikma, Indivior, Mylan, Purdue, Sun Pharmaceuticals, Zydus, and the Sacklers. This group of <br /> defendants has agreed to settle all claims for approximately 9.2 billion dollars. Payments will <br /> continue up to another 15 years after the Court gives final approval of the settlements. <br /> These funds are distributable among the more than 2000 plaintiffs. Plaintiffs' shares of these <br /> settlements are determined by a formula developed by the plaintiffs' attorneys and approved by the <br /> Court and through various intergovernmental agreements. Pursuant to an intergovernmental <br /> agreement with the State of North Carolina all funds received by Orange County must be, and are <br /> being, used to address the opioid epidemic. A final amount is not yet certain, but Orange County's <br /> current share is expected to be in excess of 12.7 million dollars over the full payment term. <br />