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Sunday, May 19, 2024

Haine: Madison County to receive additional $617,000 in opioid settlement with retailers, manufacturers

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Tom Haine | tomhaineforstatesattorney.com

Madison County State’s Attorney Tom Haine announced that Madison County will receive an additional $617,000 as its share of an opioid litigation settlement.

The recent settlement award is in addition to the $3.7 million settlement allotted to Madison County in November 2022. 

Haine announced that his office received notice from a settlement administrator that the county will receive the funds after a settlement was reached with opioid retailers Walmart, Walgreens and CVS, and manufacturers Allergen and Teva. 

“Under the terms of the settlement agreements, Madison County is obligated to use the settlement funds to support opioid remediation programs in the community,” Haine said. “My office will continue to work with the County Board to ensure these funds are properly allocated within Madison County, to ensure that these opioid-related settlement funds are efficiently and effectively allocated in a way best suited to alleviating the harms caused by the opioid epidemic.”

Haine said the settlement terms will allow the funds to be used for programs including training for first-responders, youth education, treatment and support services, support to those involved in the criminal justice system and research. 

Madison County is required to provide documentation to the Illinois Attorney General that funds are being used to support the opioid remediation programs. 

The previous $3.7 million award represented Madison County’s share of a settlement reached with opioid distributors AmerisourceBergen, Cardinal Health and McKesson and manufacturer Janssen. 

That settlement will be received in increments over a period of several years, through 2038 for the distributors and 2031 for manufacturer Janssen. The first two installments from the distributors’ settlement were processed on Oct. 31, 2022, totaling $243,323, according to Haine’s office. Janssen payments were set to begin in 2023. 

In a letter penned to the Madison County Board, Haine wrote that the settlement “is the result of two nationwide settlement agreements executed on July 21, 2021, that resolved all opioid litigation brought by state and local governments against the three largest drug distributors, McKesson, Cardinal Health and AmerisourceBergen, and one manufacturer, Janssen Pharmaceuticals, Inc.” 

The distributors’ nationwide settlement totaled $21 billion. Janssen’s nationwide settlement totaled $5 billion. 

Illinois is set to receive $760 million from the two settlements, which is then divided into multiple funds. Madison County is set to receive 1.9514 percent of that amount, which is approximately $3,702,939. 

“Though Madison County’s total percentage of the overall settlement is fixed, there are many variables that appear to modify the amounts of each yearly payment and could change the total amount,” Haine wrote in his letter to the County Board. 

He included an unofficial analysis from the attorneys coordinating the settlement for the first three years to aid the County Board in predicting what funds might be available for the first three years. 

Other opioid claims 

Madison and St. Clair Counties also filed opioid lawsuits against Mallinckrodt and McKinsey & Company.

In the suit against McKinsey, Madison County alleges civil conspiracy for its contribution to the opioid crisis through OxyContin marketing techniques. 

“Madison County seeks to hold McKinsey accountable for its role in coldly wrecking so many lives through opioid over-prescription and addiction,” Haine stated. “McKinsey designed and implemented the strategies that lead to a ‘turbocharge’ of opioid prescriptions even at the height of the opioid epidemic. McKinsey’s partners working on opioid issues even suggested destroying evidence relating to its work. Now McKinsey needs to pay. It won’t bring people back or repair families, but it will be some measure of justice. And any funds recovered can then be put towards local drug mitigation programs and to combat the scourge of mental health that is so related to addiction in the first place.”

The claims against Mallinckrodt is being determined through the bankruptcy process.

Haine appointed Ann Callis, a partner at Holland Law Firm, to handle the suits with a team of private lawyers. 

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