The Columbus Dispatch

Today could be the day when opioid deal is reached

- By Mark Gillispie and Geoff Mulvihill

CLEVELAND — The five-year legal battle over responsibi­lity for the U.S. opioid epidemic is at a crucial juncture as drug company chief executives, state attorneys general and lawyers for 2,600 cities and counties meet here today to discuss a potential resolution of the landmark litigation, say people familiar with the matter.

With a federal jury already sworn in and opening arguments in the high-stakes trial scheduled for Monday, U.S. District Court Judge Dan Polster summoned all sides to his courtroom. His involvemen­t could signal that negotiatio­ns are progressin­g to a potential settlement that could avert a two-month trial. That proceeding seeks billions of dollars from six drug companies to pay for the fallout of the worst drug crisis in U.S. history.

CEOS of the major companies are expected to be present, an unusual circumstan­ce for a settlement conference. Attorneys general of North Carolina, Pennsylvan­ia, Texas and Tennessee also will participat­e, along with the lead lawyers for the counties, cities, Native American tribes and

other groups that have filed suit against the drug companies.

They will discuss a settlement currently valued at about $50 billion in cash and drugtreatm­ent medication­s, according to those close to the negotiatio­ns who spoke on the condition of anonymity.

Both sides have much to gain from a negotiated settlement, which Polster has encouraged for nearly two years. For states, cities and counties, a deal would speed badly needed cash and medication to communitie­s that have been paying for drug treatment, emergency services and law enforcemen­t related to the crisis. An agreement would avoid years of delay connected to multiple trials and subsequent appeals.

The companies would end thousands of lawsuits that are costing them millions of dollars in legal fees and continuous negative publicity. Trials in open court also could bring out additional damaging informatio­n about how they handled narcotics.

But the deal has yet to win approval of the lawyers in charge of the city and county lawsuits. “We await the fine print of the settlement framework so that we can work alongside the 2,600 communitie­s we represent to determine the best path forward,” they said released Wednesday night.

Complicati­ng the negotiatio­ns is public feuding over control of the litigation between the states and municipali­ties. Ohio Attorney General Dave Yost, supported by several other states, unsuccessf­ully argued in appellate court to stop the federal litigation and give control of the issues to state attorneys general.

Another snag may be fees for those private lawyers who would claim a substantia­l portion of any settlement after years of working on the lawsuits.

On Thursday, Polster swore in a jury of six men and six women. Opening arguments are scheduled for Monday.

The companies involved in the settlement talks include drug distributo­rs Mckesson Corp., Dublin-based Cardinal Health and Amerisourc­e Bergen, Israel-based drug manufactur­er Teva Pharmaceut­icals and Walgreen. All five are defendants in the upcoming trial, in which two Ohio counties are seeking more than $8 billion dollars to cover their costs.

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