Laserfiche WebLink
What cases does this MOV apply? <br />This allocation agreement is intended to govern the distribution of settlement proceeds <br />obtained through the Purdue Pharma L.P. ("Purdue") bankruptcy, the Mallinckrodt PLC <br />("Mallinckrodt") bankruptcy, the distributor (Cardinal Health, Inc., McKesson Corp., and <br />AmcrisourceBergen Corp. (collectively referred to as the "Distributors")) and Johnson & <br />Johnson ("J&J") potential deal, as well as any additional settlements obtained related to the <br />opioid litigation. <br />Why is an allocation agreement necessary and why now? <br />Almost 100 political subdivisions within the State of Florida, as well as the State of <br />Florida itself. have filed shit against numerous entities engaged in the manufacture, marketing, <br />promotion, distribution or dispensing of opioids. Another 30 political subdivisions within the <br />State of 11orida have filed claims in the Purdue bankruptcy. <br />The State and the Plaintiffs' Executive Committee for the Opioid Litigation Multi - <br />District Litigation panel (the "PLC') are in ongoing negotiations with Purdue, Mallinckrodt, the <br />Distributors, and J&J with potential resolutions anticipated in the coming weeks. <br />Under the likely settlement structure for these cases, states and their political subdivisions are <br />strongly incentivized to reach a joint resolution of all State and political subdivision claims. <br />Under the Distributor and J&J deal, the State and its subdivisions receive a substantially larger <br />settlement amount the higher the number of subdivisions sign on to the deal. Therefore, it is in <br />the best interest of all political subdivisions and the State of Florida to reach an allocation <br />agreement which will permit the joint resolution of all claims within the state. <br />The deals contemplate the need for relatively quick buy in by subdivisions in order to <br />maximize recovery. The pace of negotiations is accelerating, and Purdue has riled its plan of <br />reorganization. Given this accelerating pace, there is a greater sense of urgency among all <br />counsel to come to agreement and resolve how monies are going to be allocated, so that we can <br />move .Purdue, Mallinckrodt, and other potential settlements toward finality. Given the Sunshine <br />law, the likely need for public notice and comment, and the complexity of the deals, we need to <br />agree to an allocation plan now to ensure that Florida maximizes recovery. <br />How can funds be utilized? <br />You will see as you review the MOU that the State and its subdivisions, who execute this <br />MOU, are agreeing that almost all the funds from anv settlement will go to abatement activities. <br />In other words, finds must be utilized for strategics, programming and services used to expand <br />the availability of treatment for individuals impacted by Opioid Use Disorder or co-occurring <br />Substance Use Disorder and Mental Health disorders ("Approved Purposes"). A non-exclusive <br />list of potential abatement programs and uses are included in Exhibits A and 13 to the agreement. <br />The list was developed nationally consulting with public health officials in multiple states, <br />experts for the states and subdivisions, and officials within the United States Department of <br />Health and Human Services. These uses are intended to best serve the overall purpose and <br />Page 2 of 7 <br />54 <br />