File #: RES 2022-103    Name: Teva Opioid Settlement Agreement
Type: Resolution Status: Passed
File created: 4/11/2022 In control: City Commission
On agenda: 4/28/2022 Final action: 4/28/2022
Title: A RESOLUTION APPROVING THE SETTLEMENT AGREEMENT AND RELEASE REGARDING DISTRIBUTION OF CERTAIN SETTLEMENT FUNDS FROM TEVA PHARMACEUTICAL INDUSTRIES, LTD. AS PART OF THE FLORIDA ATTORNEY GENERAL ACTION REGARDING THE OPIOID LITIGATION; AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY AGREEMENTS.
Sponsors: City Attorney
Indexes: Agreement, Opioid Litigation, Resolution, Settlement
Attachments: 1. RESOLUTION 2022-103-Teva Opioid Settlement Agrmt, 2. EXHIBIT A-Teva Settlement Agreement, 3. EXHIBIT D-Teva Subdivision Settlement Participation Form
Related files: RES 2021-084, RES 2022-101, RES 2022-102
AGENDA ITEM REPORT
TITLE:
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A RESOLUTION APPROVING THE SETTLEMENT AGREEMENT AND RELEASE REGARDING DISTRIBUTION OF CERTAIN SETTLEMENT FUNDS FROM TEVA PHARMACEUTICAL INDUSTRIES, LTD. AS PART OF THE FLORIDA ATTORNEY GENERAL ACTION REGARDING THE OPIOID LITIGATION; AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY AGREEMENTS.

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BACKGROUND:
The City of Coconut Creek is a litigating participant in the action that the State of Florida has filed pending in Pasco County, Florida, and a number of Florida Cities and Counties have also filed an action In re: National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio) (the "Opioid Litigation"). The State of Florida and lawyers representing certain various local governments involved in the Florida Attorney General Action proposed a unified plan for the allocation and use of prospective settlement dollars from opioid related litigation in or around April, 2021 (the "Florida Plan"). That was for a settlement with the big three (3) distributors and Johnson and Johnson. This proposed Settlement Agreement was offered by Teva Pharmaceutical Industries, Ltd. and provides for a payment of One Hundred Ninety-Four Million, Eight Hundred Twenty-Six Thousand and Four Hundred Ninety-Nine Dollars ($194,826,499.00) for all participants based on the same methodology for distribution of funds as provided in the Florida Plan, which the City approved in 2021 to be paid out over 18 years ("TEVA Settlement"). The monies ultimately received from the settlement can only be used for the following Core Strategies related to abating the harm: a. Naloxone or other FDA-approved drug to reverse opioid overdoses; b. Medication-Assisted Treatment ("MAT") Distribution and other opioid-related treatment; c. Pregnant and Postpartum Women; d. Expanding Treatment for Neonatal Abstinence Syndrome; e. Expansion of Warm Hand-Off Programs and Recovery Services; f. Treatment for Incarcerated Population; g. Prevention Programs; h. Expanding Syringe Servic...

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