As two Tennessee counties prepare lawsuits against pharmaceutical companies that manufacture opioids, a third Tennessee local government appears poised to join the fray: Metropolitan Nashville Government.
Tuesday’s Metro Nashville council meeting included a motion to reconsider a days-old resolution authorizing the Mayor to “employ the law firm of Lieff Cabraser Heimann & Bernstein, LLP, as special counsel, on a contingent fee basis, to investigate, and if appropriate, pursue claims against manufacturers and distributors of prescription opioids that have wrongfully caused drug addiction in Davidson County and resulting economic harm to the Metropolitan Government.”
The resolution, having already been approved, only had to survive this motion to reconsider.
The roll call vote to reconsider the resolution failed, receiving only one vote in support, with 31 votes against. Nashville Public Radio broke the story:
“Tennessee counties are joining the list of entities suing pharmaceutical companies over opioids. Smith County is the first to file suit in federal court. Davidson County is likely to follow after approval by the Metro Council Tuesday night.”
The resolution makes serious allegations of wrongdoing by pharmaceutical companies, saying: “the interests of the Metropolitan Government require special counsel to investigate, and if appropriate, pursue litigation against manufacturers and distributors of prescription opioids that have wrongfully caused drug addiction in Davidson County, Tennessee, or have otherwise engaged in misconduct that has caused economic harm to the Metropolitan Government.”
It also states “the Department of Law recommends that Lieff Cabraser Heimann & Bernstein, LLP be retained on a contingent fee basis to represent the interest of the Metropolitan Government against manufacturers and distributors of prescription opioids, whose wrongful conduct has caused drug addiction in Davidson County and has resulted in economic harm to the Metropolitan Government.”
On Wednesday, The Tennessee Star reported on Smith County’s lawsuit against opioid manufacturers, which alleged “these defendants also conspired to manufacture and distribute millions of doses of highly addictive opioids, knowing that they were being trafficked and used for illicit purposes, and recklessly disregarded their devastating effect on the taxpayers and government of Smith County.”
Separately, The Star also reported on Shelby County’s effort to sue pharmaceutical companies over illegal opioid abuse: “Defendants put their desire for profits above the health and well-being of Shelby County consumers at the cost of the Plaintiff,” the lawsuit alleges.
The full text of the Metro Nashville resolution is below:
WHEREAS, Section 8.607 of the Charter of the Metropolitan Government of Nashville and Davidson County states: “No department, board, commission or other agency of the metropolitan government may employ special counsel. Whenever the interests of the metropolitan government require special counsel, the council, by resolution, may authorize the mayor to employ such counsel, who shall be paid such compensation for his service as the mayor, the director of law and the director of finance shall determine to be reasonable compensation for the services rendered, and as the council shall by resolution approve;” and,
WHEREAS, the Department of Law does not employ attorneys that are experienced in prosecuting deceptive or fraudulent marketing claims or other consumer protection claims against pharmaceutical manufacturers or distributors; and,
WHEREAS, the interests of the Metropolitan Government require special counsel to investigate, and if appropriate, pursue litigation against manufacturers and distributors of prescription opioids that have wrongfully caused drug addiction in Davidson County, Tennessee, or have otherwise engaged in misconduct that has caused economic harm to the Metropolitan Government; and,
WHEREAS, a contingent fee agreement is the most economical means of financing litigation against manufacturers and distributors of prescription opioids; and,
WHEREAS, the Metropolitan Department of Law solicited responses from several qualified law firms to serve as special counsel in this matter; and,
WHEREAS, after a thorough review of the responses, the Department of Law recommends that Lieff Cabraser Heimann & Bernstein, LLP be retained on a contingent fee basis to represent the interest of the Metropolitan Government against manufacturers and distributors of prescription opioids, whose wrongful conduct has caused drug addiction in Davidson County and has resulted in economic harm to the Metropolitan Government.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1: The Mayor is authorized to employ Lieff Cabraser Heimann & Bernstein, LLP as special counsel, on a contingent fee basis, in accordance with the terms and conditions contained in the Contract attached as Exhibit 1 to this resolution.
Section 2: Any net recovery to the Metropolitan Government from the proposed litigation shall be deposited into the General Fund of the General Services District.
Section 3: This resolution shall take effect from and after its adoption, the welfare of the
Metropolitan Government of Nashville and Davidson County requiring it.Sponsored by: Tanaka Vercher, Sheri Weiner, Kathleen Murphy, Sharon Hurt
For those of us in the real world, we already see the impact of the DEA crackdown on opioid prescriptions that have caused nothing but problems for people with real pain problems for the last couple of years.
Doctors underprescribing. Yes, underprescribing or not prescribing at all. Only covering enough medication for a couple of days. Requiring you to show up in person every couple of days to pick up a physical prescription because they aren’t allowed to call it in to a pharmacy. I had to go through this for several months after my wife had spinal surgery.
Every seven days I had to leave work to go pick up a physical prescription to drive to my pharmacy for months.
But by god, we have to do something If It Only Saves One Life(tm).
Let’s drug test everyone in Megan Barry’s office first. Let’s drug test everyone at The Nashville Scene. Then, let’s talk.
We are quickly becoming one of the MURDER capitals of the USA but these Clowns cant find anything else to do but this SJW crap