Local claims sought for opioid bankruptcy filing

MEDINA — Proofs of claim tallying what the ongoing opioid epidemic has cost Medina County communities and school districts are being taken in by county Prosecutor Forrest Thompson's office. The information will be filed in U.S. Bankruptcy Court in the Northern District of Ohio, where a lawsuit is pending against opioid manufacturer Purdue Pharma L.P. following that firm's decision to file bankruptcy last September. That lawsuit is not part of Medina County's previous complaint filed in August 2019 against a number of opioid manufacturers and distributors or the state's 2018 lawsuit. Medina County's initial case was moved to federal court in October as part of multidistrict litigation. "We're filing individual proofs of claim on behalf of the county, every municipality, and each school district," Thompson said. "I have three people in my civil division who are working every day getting these proofs of claim ready. We're filing this separate proof of claim in the bankruptcy court that says, 'When you divide the assets of this company, we're entitled to X amount of dollars.'" Thompson said his office met with Medina Law Director Greg Huber and Wadsworth Law Director Tom Morris on Tuesday to review their claims. A July 30 filing deadline has been set by the bankruptcy court, which Thompson said was extended due to the sheer volume of claims coming in. "We still have time but that deadline is coming up at the end of the month," said Thompson. "We are ready to go and are in good shape here in Medina. The key is that we protect the interest of every town and school district that files. How any funds will eventually be distributed, I don't know." In Ohio alone, there are now roughly 2,700 pending lawsuits against opioid companies. The state is suing: Purdue Pharma, Endo Health Solutions, Teva Pharmaceutical Industries and subsidiary Cephalon, Johnson & Johnson and subsidiary Janssen Pharmaceuticals and Allergan, formerly known as Actavis. Medina County commissioners approved the One Ohio memorandum of understanding in February that establishes a negotiating committee to conduct settlement discussions in pending opioid litigation. One Ohio is an agreement signed by hundreds of communities to ensure fairness in distribution of funds once settlements are finalized. "It's easier when the mass defense litigation is expressed over a large area," Thompson said. "That's why One Ohio was such a good idea. It gave us the negotiating power of the entire state. We could go forward and offer a statewide global settlement." Agreement specifics include 30 percent of settlement funds going to local governments, 55 percent to a new opioid treatment nonprofit, and 15 percent to the Ohio Attorney General's Office to act as a counsel for the state. The state will be divided into 19 regions with each creating its own governance structure to ensure all local governments have input and equitable representation. Medina County is part of region 19, along with Wayne, Lorain, Ashland, Richland, Huron and Erie counties. According to a recent Washington Post analysis, opioids have killed more than 400,000 people in the U.S. since the year 2000. The study also cited National Institute on Drug Abuse data showing that Ohio recorded the nation's second-highest rate of opioid overdose deaths as recently as 2017. "Medina County is not going to be left out in the cold with these settlements," Thompson said. "They had people believing this stuff was like taking aspirin. I knew early on we had to step up and get in line. This case, in my opinion, represents the single-most reprehensible actions by a pharmaceutical company, ever. A lot of good people in our communities have been hurt in many different ways and they're going to be protected." Contact reporter Jonathan Delozier at (330) 721-4050 or jdelozier@medina-gazette.com.