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A6   U.S. NEWS
                      Tuesday 30 July 2019
            Big question in opioid suits: How to divide any settlement




            By GEOFF MULVIHILL                                                                                                  suing  partly  because  they
            Associated Press                                                                                                    think they can do a better
            The roughly 2,000 state and                                                                                         job  with  the  money  than
            local  governments  suing                                                                                           states did with the tobacco
            the  drug  industry  over  the                                                                                      funds.  Rice  noted  the  opi-
            deadly  opioid  crisis  have                                                                                        oid crisis has run up costs for
            yet  to  see  any  verdicts  or                                                                                     local governments in ways
            reach  any  big  national                                                                                           cigarettes did not.
            settlements but are already                                                                                         New    Jersey's   Camden
            tussling  with  each  other                                                                                         County,  for  instance,  start-
            over  how  to  divide  any                                                                                          ed  allocating  extra  mon-
            money they collect.                                                                                                 ey  for  its  Office  of  Mental
            The  reason:  Some  of  them                                                                                        Health  and  Addiction  to
            want  to  avoid  what  hap-                                                                                         deal  with  problem  back
            pened 20 years ago, when                                                                                            in  2015.  That  first  year,  the
            states  agreed  to  a  giant                                                                                        county  of  a  half-million
            settlement with the tobac-                                                                                          people  just  outside  Phila-
            co industry and used most                                                                                           delphia kicked in $150,000.
            of the cash on projects that                                                                                        This year, it is up to $600,000.
            had  little  to  do  with  smok-                                                                                    The  sum  does  not  include
            ing's toll.                                                                                                         other  crisis-related  costs
            "If  we  don't  use  dollars  re-                                                                                   sprinkled  throughout  the
            covered from these opioid    This Sept. 17, 2015, file photo shows a sign barring smoking at the state Capitol in Oklahoma City.   county  budget:  $156,000
            lawsuits  to  end  the  opioid                                                                     Associated Press  for  opioid  treatment  for
            epidemic,  shame  on  us,"                                                                                          jail  inmates,  cleaning  up
            Kentucky Attorney General  each year.                     ments under which tobac-     sociated with the epidem-    "needle parks" and holding
            Andy Beshear said.           In  their  lawsuits,  the  gov-  co  companies  would  pay  ic,  such  as  rising  expenses  an annual recovery softball
            Overdoses  from  opioids,  ernments      contend    the  them forever. A tally by the  for  jails  and  mental  health  game.
            which  include  prescrip-    brand-name       manufac-    Campaign  for  Tobacco-      services,  more  ambulance  In  the  event  of  a  nation-
            tion  painkillers  and  illegal  turers  fraudulently  down-  Free Kids found states have  runs  and  police  calls,  and  wide  settlement,  Rice  and
            drugs like heroin, have sur-  played  the  addiction  risks  received  more  than  $161  more  children  of  addicts  other  lawyers  represent-
            passed automobile crashes  of  the  powerful  painkillers  billion so far.             placed  in  the  care  of  the  ing   local   governments
            in recent years as the big-  while encouraging doctors  But some of the money has  child-welfare system.            have proposed a plan that
            gest  cause  of  accidental  to  prescribe  their  patients  gone toward such things as  There  have  been  disputes  would set in advance how
            deaths in the U.S., account-  more  drugs  and  at  higher  roads,  bridges  or  teacher  within  states  over  who  much  county  and  local
            ing for the loss of more than  doses.  They  also  argue  pensions. Some of the mon-   should   allocate   money  governments  would  get,
            400,000 lives since 2000.    that  drugmakers  and  dis-  ey went into states' general  from  opioid-related  settle-  based  on  the  amount  of
            An Associated Press analy-   tributors  failed  to  stop  sus-  fund  accounts,  available  ments.  In  Oklahoma,  law-  drugs  shipped  there,  the
            sis found that by 2011 and  piciously  large  shipments.  for all sorts of uses.       makers objected earlier this  overdose  deaths  and  the
            2012, the industry was ship-  The defendants dispute the  "Most  states  have  used  year when the state attor-     number  of  people  addict-
            ping  enough  prescription  allegations.                  their  settlement  recover-  ney  general  struck  a  deal  ed.
            opioids to give every man,  In the late 1990s, attorneys  ies,  which  are  massive,  for  with  Purdue  Pharma  that  In  the  case  of  a  $1  billion
            woman  and  child  in  the  general  for  all  50  states  everything  but  the  prob-  allocated  much  of  a  $270  national  settlement,  for  in-
            U.S. nearly a 20-day supply  reached  colossal  settle-   lem  that  gave  rise  to  the  million settlement to a cen-  stance,  Camden  County
                                                                      litigation," said Doug Blake,  ter  for  treatment  and  re-  would get $1.3 million, and
            New York reduces                                          a  former  Minnesota  assis-  search. The lawmakers said  the  communities  in  the
                                                                      tant attorney general who  they should be the ones to  county would share an ad-
            penalties for marijuana                                   worked  on  the  state's  to-  make those decisions. Law-  ditional $900,000.
                                                                                                   makers in West Virginia are  But  many  attorneys  gen-
                                                                      bacco settlement.
            possession                                                The  anti-smoking  group  asking the attorney general  eral  have  asked  U.S.  Dis-
                                                                      says  that  for  the  fiscal  there  to  let  them  allocate  trict  Judge  Dan  Polster
                                                                      year  that  ended  in  June,  the  $37  million  settlement  not  to  approve  the  plan.
            ALBANY,  N.Y.  (AP)  —  New  The  law  also  requires  that   states  took  in  $27.3  billion  with  the  drug  distributor  Thirty-eight warned in a fil-
            York's governor signed a bill  records  tied  to  low-level   from  the  settlements  and  McKesson.                ing this month that the pro-
            Monday  that  softens  pen-  marijuana  cases  be  au-    from  tobacco  taxes  and  Close to 2,000 local govern-   cess  "would  make  'global
            alties  for  possessing  small  tomatically  sealed  and   spent  just  2.4%  of  that  on  ments  have  made  claims  peace'  more,  not  less,  dif-
            amounts of marijuana and  creates  a  process  for  ex-   kick-the-habit  and  smok-   against  the  drug  industry.  ficult to achieve."
            allows  for  the  expunge-   pungement. It will take ef-  ing-prevention  programs.  While  the  states'  lawsuits  The states also worry about
            ment of some past offens-    fect in 30 days.             The  group  also  found  that  are  in  state  court,  most  of  the wisdom of splitting set-
            es.                          "Communities    of   color   states  spend,  on  average,  the city and county claims  tlement  funds  with  local
            The  law  changes  an  un-   have  been  disproportion-   less  than  one-fifth  of  what  are in federal court, where  governments.
            lawful  possession  of  mari-  ately  impacted  by  laws   the U.S. Centers for Disease  they  have  been  consoli-  "Doling  out  small  buckets
            juana  statute  into  a  viola-  governing marijuana for far   Control  and  Prevention  dated  under  one  Cleve-  of  funds  without  regard  to
            tion that's similar to a traffic  too long, and today we are   recommends on anti-smok-  land-based  judge  who  is  how  the  funds  should  be
            ticket, instead of a criminal  ending  this  injustice  once   ing programs.           pushing for a settlement.    spent  is  the  opposite  of  a
            charge.                      and  for  all,"  Gov.  Andrew   In  the  opioid  litigation,  Joe  Rice,  an  architect  of  'coordinated'   response,
            Under  the  new  law,  the  Cuomo  said  in  a  state-    plaintiffs want to make sure  the  tobacco  settlement  which      would    balance
            maximum  penalty  is  $50  ment. People can still face    the  money  goes  toward  and one of the lead lawyers  statewide  efforts  —  such
            for possessing less than one  probation  violations  and   treating addiction and pre-  in the opioid cases, with cli-  as  public  education  cam-
            ounce of pot and a maxi-     immigration consequences     venting  drug  abuse.  Some  ents  including  both  local  paigns — with any local ef-
            mum  of  $200  for  between  under the decriminalization   also want to be reimbursed  governments  and  states,  forts," the attorneys general
            one and two ounces.          bill, George said.q          for extra taxpayer costs as-  said local governments are  wrote.q
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