Deadline for eligible cities to participate in proposed opioid litigation settlement is Jan. 2

Nov 10, 2021

An effort is underway to get eligible cities and counties registered online to receive the information and documents necessary to join the proposed $26 billion opioid litigation settlement with Johnson & Johnson, McKesson, AmerisourceBergen, and Cardinal Health. As of Monday, Nov. 8, 2021, more than 200 eligible counties and cities had not registered.

The proposed settlement arose out of thousands of lawsuits filed by state and local governments throughout the nation — including 79 cities and counties in California — to recover monetary damages to abate the opioid public health crisis.

Registration is crucial to joining the settlement and receiving settlement funds, even if a city did not file a lawsuit. Counties and cities that registered have already received the participation forms needed to join the settlement. Eligible counties and cities must return their signed participation forms by Jan. 2, 2022, to be included as an Initial Participating Subdivision, as outlined in the settlement.

The proposed national settlement includes a sliding scale of participation and overall payment to California. The greater the participation by California’s eligible cities and counties, the greater the payment. The maximum amount of money that could flow into California is $2.263 billion, of which approximately 85% flows directly to counties and cities. If less than 100% of the 431 eligible counties and cities participate, potentially available overall funds stay with the settling defendants and the amount allocated to the nonparticipating city goes to the state.

Eligible cities can receive their participation codes by emailing registration@nationalopioidsettlement.com.They can register and review documents at www.nationalopioidsettlement.com.

Cities with questions about the impact of the proposed settlement should consult with their city attorney. City attorneys with questions may contact Cal Cities General Counsel Corrie Manning.