R-24-25RESOLUTION NO. R-24-25
A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE PROPOSED
SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST KROGER AND ITS
RELATED CORPORATE 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, a settlement proposal has been negotiated that will cause Kroger to pay
over a billion dollars nationwide to resolve opioid-related claims against it; 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 this pending settlement with Kroger shall be considered a "Settlement"
that is 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, Janssen, Teva, Allergan,
Walmart, CVS and Walgreens; and
WHEREAS, the City's outside opioid litigation counsel has recommended that the City
participate in the settlement 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 Kroger and its 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 settlement, including the required release
of claims against Kroger.
ADOPTED: July 23, 2024
Mayor
ATTEST:
kJ6-mnM, , Ll�
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
Aye