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Dept. of Law
Title
Authorizing a settlement with Janssen/Johnson & Johnson; and authorizing the Mayor and Director of Law to execute any documents necessary to effectuate the settlement consistent with the One Ohio Subdivision Settlement and National Opioid Settlement Agreement; and declaring an emergency.
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SUMMARY & BACKGROUND:
The City of Toledo has a lawsuit pending in U.S. District Court for the Northern District of Ohio against various defendants in the pharmaceutical supply chain related to the devastating impact the opioid epidemic has had on the Toledo community.
Janssen/Johnson & Johnson was ("J&J) was named as a defendant in the litigation. A proposed settlement has been reached with J&J consistent with the terms of the July 21, 2021, National Opioid Distributor Settlement Agreement.
The proposed settlement does not provide a set sum of money for the governmental entities. Rather, the proposed settlement pool is contingent upon the number of political subdivisions that elect to participate. With increased participation around the state, the available settlement funds will increase for all governmental entities.
Earlier this year, Council authorized by Ord. 406-21 the approval of a settlement with three distributors named as defendants in the litigation. Last year, as authorized by Ord. 123-20, the City of Toledo signed on to the One Ohio Memorandum of Understanding that provides for a statewide distribution formula designed to address the opioid crisis and its impact on our community and communities throughout the state. Settlement funds that result in a settlement with the Settling Distributors would be distributed through that process over 18 years. The One Ohio plan calls for a direct allocation of 30 percent to local governments such as the City of Toledo, 55 percent to a statewide One Ohio Foundation through which local governments may apply to seek funds to address issues related to the opioid crisis, and 15 percent to the State...
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