Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE Participation Agreement regarding opioid litigation in substantially the same form as Exhibit 1; and to authorize the County Administrator to execute the Participation Agreement with any required modifications provided such modifications do not impose any additional material legal or financial risk on the County, and subject to review and approval as to legal sufficiency by the County Attorney’s Office.
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Why Action is Necessary
Approval is required by the Board of County Commissioners (“Board”) to resolve the County’s presuit claims against Associated Pharmacies, Inc. (and American Associated Pharmacies), J M Smith Corporation, Morris and Dickson Co., L.L.C., Louisiana Wholesale Drug Company, Inc., North Carolina Mutual Wholesale Drug Company, Inc., and United Natural Foods, Inc. (and SuperValu), six (6) regional distributors and dispensers of opioid drugs (collectively referred to as the “Six Defendants”).
What Action Accomplishes
Allows the Board to approve the Participation Agreement, which will settle and release any of the County’s potential opioid claims against the six regional distributors and dispensers of opioid drugs on a presuit basis.
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☐County Commission
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Previous Action Taken
Summary Explanation/Background
On December 12, 2017, the Board authorized the filing of litigation against manufacturers, distributors, and other potential parties in connection with the opioid epidemic. On March 12, 2018, Broward County (“County”) filed a multicount lawsuit against multiple manufacturers, distributors, marketers, sellers, and dispensers of opioids.
On several occasions (most recently on September 16, 2025, Agenda Item No. 40), the Board has authorized the County Administrator to enter into agreements with various entities to settle the County’s potential claims.
A proposed settlement has now been reached between the County and the Six Defendants on a presuit basis. The settlement will total $258,013.15 and will be used for abating the opioid crisis.
To receive this amount from the settlement with the Six Defendants, the County must approve the Participation Agreement, attached as Exhibit 1. The Participation Agreement will release all of the County’s presuit claims against the Six Defendants. The settlement will have no effect on the County’s unresolved claims against entities other than the Six Defendants.
The County’s outside counsel team and the County Attorney’s Office recommend that the Board approve the Participation Agreement.
Source of Additional Information
Danielle W. French, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Not applicable