Officials consider opioid lawsuit

Law firms submit bids to represent county against major drug makers
Carbon County is considering joining at least four other Utah counties in suing some of the nation’s largest pharmaceutical companies to recover damages caused by the area’s growing opioid abuse epidemic.
Carbon and Emery counties are among the epicenters for opioid overdose deaths in Utah, recording on average about 47.3 deaths per 100,000 population compared to the state’s overall rate of 13.2 deaths per 100,000 people, according to the latest statistics available at the Utah Department of Health.
Grand, Summit, Salt Lake and Tooele counties filed civil actions against Big Pharma earlier this year.
Carbon County commissioners unsealed bids last week from five groups of litigators seeking to represent the county in civil litigation against the drug makers.
An earlier request for proposals was made public several weeks ago soliciting bids from attorneys. The RFP stated: “The Carbon County Board of Commissioners is seeking to engage a law firm to act as special legal counsel to represent Carbon County in connection with potential litigation involving the manufacture, marketing, sale, and distribution of prescription opioid products in Carbon County, including claims arising out of the use and/or abuse of opioid products in Carbon County.”
The RFP stated the county anticipates the selected law firm would provide its services on a contingency fee basis. Also, all litigation costs, including costs of experts, would be recouped upon successful completion of litigation.
The five law firms responding to the county’s RFP were: Salt Lake City firm Kirton McConkie; Durham, Jones & Pinegar, with offices in Salt Lake City, Lehi, Ogden and St. George; Phipps Deacon Purnell PLLC, a San Antonio law firm leading the way nationally in the legal fight against opioid makers; Salt Lake City firm Magleby, Cataxinos & Greenwood; and, finally, Jones Waldo Holbrook & McDonough, PC of Salt Lake, which would work alongside Dallas law firm Baron & Budd.
Baron & Budd announced on May 8 that it was filing civil actions “against many of the nation’s largest pharmaceutical manufacturers and distributors” on behalf of 30 counties in California, according to a press release about the litigation.
There was little discussion among Carbon County commissioners other than to approve allowing the county’s civil attorney, Christian Bryner, to review and make a future recommendation to commissioners, who will make a decision at a later date.
Summit County became the first Utah county to file such a suit; it named in its 3rd Judicial District complaint 25 businesses and individuals from nine major opioid manufacturers and distributors as defendants. Tooele County used the same law firms as Summit and filed its own separate complaint naming the same companies and individuals.
Summit County Attorney Margaret Olson told the Park Record in April that she believed more than half-a-dozen Utah counties will eventually file suit.
“I’m not surprised by it at all and I think it is very timely,” she told the newspaper. “There are real ongoing damages to people and local governments as a result of this public health crisis. I think it is a wise and astute thing for counties to do right now. I’m anticipating at least half a dozen other counties will be signing with the same lawyers for suits of their own.”
Grand County Attorney Andrew Fitzgerald told Moab newspaper The Times-Independent that Grand County will sue based on “the fraudulent information that [pharmaceutical companies] put out regarding their product that’s had a huge impact on counties and governments and families and people.”
Fitzgerald told the paper he believed every county in Utah would eventually join a national federal class action suit “to try and recover what they’ve spent … on rehab and medical.”
Carbon County Commission Chair Casey Hopes said county officials here started receiving inquiries from law firms seeking to represent the county as early as January.