County selects law firm to sue makers of opioid painkillers

Santa Fe County has negotiated a deal with a Dallas-based law firm to investigate and pursue claims against opioid manufacturers and distributors.

States, cities and counties across the country have pursued litigation against an industry they say has put deceptive marketing practices to use in unleashing an epidemic of painkiller addiction.

Santa Fe in November became at least the third county in New Mexico to announce it would seek to sue opioid manufacturers, alongside Mora and Bernalillo counties.

Santa Fe County has selected the law firm Kelly, Durham & Pittard, which has a Cerrillos Road office, from seven bids to “evaluate the merits of ” and possibly “initiate and pursue litigation,” collaborating with other public entities if appropriate.

County commissioners unanimously approved the agreement Tuesday afternoon.

The firm will provide services on a contingency basis, meaning the county will not pay any compensation for the firm or litigation unless or until a recovery is obtained.

The county contract agreement stipulates the firm would receive 25 percent of any recovery or settlement, as well as costs advanced by the firm.

“There are likely to be thousands of cases brought by counties like ours across the country, so ball parking when we may see a resolution is incredibly difficult,” said Justin Kaufman, a partner with the firm’s Santa Fe practice. “But we are committed to pushing this as quickly as we can.”

New Mexico Attorney General Hector Balderas last fall sued a fleet of opioid-connected defendants on behalf of the state, saying at the time he was “holding drug manufacturers and distributors accountable, securing treatment resources and increasing funding for law enforcement.”