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Overview of the Opioid Litigation and

Related Settlements and Settlement Proposals



November 25, 2019

According to the latest available data from the Centers for Disease Control and Prevention, the opioid
epidemic has claimed the lives of nearly 400,000 people in the United States between 1999 and 2017. As
described in an earlier Sidebar, the severity of the epidemic has prompted state and local governments to
address the issue not only through legislation and executive actions, but also through court challenges
filed around the country that seek to hold certain opioid manufacturers, distributors, or other supply chain
entities legally liable for the epidemic. These challenges-which generally seek to recover the costs
incurred or will be incurred by the state and local governments to address the epidemic-have generally
proceeded in two settings:
    *  In the opicid multidistrict Iitigation (MDL) formed in a federal district court, where more
       than 2,400 cases filed by local governments (and other non-governmental plaintiffs) have
       been coordinated;
    *  In various state courts, where state governments have filed their cases.
In recent months, several case s elnts or settlement proposals related to these cases have been
announced. Sorne of the settlements are more typical litigation settlements that would settle claims
against a defendant in a specific case. Other settlement proposals would more broadly settle cases across
both the MDL and state courts. One global settlement proposal, for instance, would globally settle claims
against Purdue Pharma, the maker of OxyContin. Under another proposal, four state attorneys general
(from North Carolina, Pennsylvania, Tennessee, and Texas) reached a $48 billion global settlement
framework with three major drug distributors and two drug manufacturers. This proposal would resolve
all state and local government opioid claims against those companies in all 50 states and the District of
Columbia. Representatives of certain local governments-particularly those that have cases pending in
the MDL-have,   however, already voiced their public rejection of this settlement framework.
As Congress continues to analyze the opioid litigation and consider ways to address the opioid epidemic,
this Sidebar provides an overview of the pending state and local government opioid litigation and the
related settlements or settlement proposals.




                                                                  Congressional Research Service
                                                                    https://crsreports.congress.gov
                                                                                       LSB10365

CRS Legal Sidabar
Prepared for Members and
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