Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO APPROVE Agreement for settlement of pre-suit opioid litigation in substantially the same form as Exhibit 1; and to authorize the County Administrator to execute the Agreement with any required modifications, provided such modifications do not impose any additional material 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 pre-suit claims against Publix Super Markets, Inc., a seller of opioid drugs, referred to as the “Defendant.”
What Action Accomplishes
Allows the Board to approve the Agreement, which will settle the County’s potential opioid claims against the Defendant.
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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, and sellers of opioids.
Since the filing of the opioid litigation, the Board has authorized the County Administrator to enter into agreements with multiple manufacturers, distributors, marketers, and sellers of opioid drugs to settle the County’s potential opioid claims against them. Most recently, on April 14, 2026, the Board approved Agenda Item No. 40, authorizing the County Administrator to settle the County’s claims against Associated Pharmacies, Inc., JM 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.
A proposed settlement has now been reached between the County and the Defendant on a pre-suit basis. The settlement will be for a total of $608,000. The County will receive $516,800, which will be used for abating the impact of the opioid crisis. The settlement also sets aside $91,200 to cover the County’s attorneys’ fees and costs.
In exchange for these payments, the County must approve the Agreement, which is attached as Exhibit 1. The Agreement releases all the County’s potential claims against the Defendant for its role in contributing to the opioid crisis in Broward County. The Agreement has no effect on the County’s unresolved claims against other distributors, manufacturers, retailers, and other opioid-related parties in the ongoing opioid litigation.
The County’s outside counsel team and the Office of the County Attorney recommend that the Board approve the Agreement.
Source of Additional Information
Danielle W. French, Deputy County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
Not applicable.