R-23-14RESOLUTION NO. R-23-14
A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE PROPOSED
SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST VARIOUS NAMED ENTITIES
AND AUTHORIZING AND DIRECTING THE EXECUTION OF ANY DOCUMENTS
NECESSARY TO EFFECTUATE THE CITY'S PARTICIPATION IN THE SETTLEMENTS
WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also
impacts the City of Fairfax (the "City") by adversely impacting the delivery of emergency medical, law
enforcement, criminal justice, mental health and substance abuse services, and other City services; and
WHEREAS, the City has been required and will continue to be required to allocate substantial
taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused
and continues to cause its citizens; and
WHEREAS, the City has filed suit against Teva, Allergan, Wahnart, Walgreens, CVS, and
certain of their related corporate entities for their role in the distribution, manufacture, and sale of the
pharmaceutical opioid products that have fueled the opioid epidemic that has harmed the City; and
WHEREAS, the City's suit seeks recovery of public funds previously expended and to be
expended in the future to abate the consequences and harms of the opioid epidemic; and
WHEREAS, settlement proposals have been negotiated that will cause Teva, Allergan,
Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve opioid-related claims
against them; and
WHEREAS, the City has previously approved and adopted the Virginia Opioid Abatement Fund
and Settlement Allocation Memorandum of Understanding (the "Virginia MOU"), and affirms that these
pending settlements with Teva, Allergan, Walmart, Walgreens and CVS shall be considered
"Settlements" that are subject to the Virginia MOU, and shall be administered and allocated in the same
manner as the opioid settlements entered into previously with the Distributors and Janssen; and
WHEREAS, the City's outside opioid litigation counsel has recommended that the City
participate in the settlements in order to recover its share of the funds that the settlement would provide;
and
WHEREAS, the City Attorney has reviewed the available information about the proposed
settlements and concurs with the recommendation of outside counsel;
NOW THEREFORE BE IT RESOLVED that the City Council hereby, on behalf of the City,
approves of the City's participation in the proposed settlement of opioid-related claims against Teva,
Allergan, Walmart, Walgreens, CVS, and their related corporate entities, and directs the City Attorney
and/or the City's outside counsel, and the Mayor and/or the City Manager as necessary, to execute any
documents necessary to effectuate the City's participation in the settlements, including the required
release of claims against settling entities.
Adopted: February 28, 2023
Mayor
ATTEST:
City Clerk
The vote on the motion to approve was recorded as follows:
VOTE:
Councilmember Bates
Aye
Councilmember Doyle Feingold
Aye
Councilmember Greenfield
Aye
Councilmember Lim
Aye
Councilmember Ross
Aye
Councilmember Stehle
Absent