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National Opioid Litigation: Settlement

Agreements as of January 2025



February 19, 2025

According to data from the Centers for Disease Control and Prevention, over a million Americans have
died of opioid-involved overdoses since 1999, with deaths rising by 67% between 2017 and 2023. This
increase in opioid-involved deaths since 1999 is often described as having occurred in several waves,
including an initial wave attributable to the misuse and diversion of prescription opioids (e.g.,
OxyContin); a second wave attributable to the increased availability of heroin; and a third wave
attributable to the misuse of pharmaceutical fentanyl and increased availability of illicit, non-
pharmaceutical fentanyl. While 2023 saw the first annual decrease in opioid-involved deaths since 2018,
with the trend continuing in 2024, the death toll remains high relative to the beginning of the opioid crisis.
In response to the opioid crisis, federal, state, and local governments have undertaken numerous measures
to curb opioid misuse and drug-related overdose deaths. Congress enacted several laws intended to
address the crisis in part by providing federal funds to expand the availability of substance use prevention,
treatment, and recovery services nationwide.
In addition to receiving these federal funds, state and local governments at the forefront of the opioid
crisis buttressed their efforts to address the crisis by pursuing a substantial number of civil lawsuits
against entities along the prescription opioid supply chain. These lawsuits-numbered in the thousands
and filed all over the United States beginning around 2017-typically alleged that the supply chain
entities engaged in various conduct, such as misleading promotion or inadequate control of prescription
opioids, that fueled the initial wave of the opioid crisis. After several years of litigation, many of the
parties in these lawsuits have reached finalized national settlement agreements under which state and
local governments have begun to receive payments to be used to abate the opioid crisis. This Sidebar
answers several frequently asked questions about those settlement agreements and highlights certain
selected considerations for Congress.

What Are the National Opioid Settlement Agreements?

The national opioid settlement agreements each resolved the majority, if not all, of claims asserted by
state and local governments from across the country against a particular settling prescription opioid
supply chain entity. Table 1 summarizes the key terms of the national opioid settlement agreements that
have been finalized to date. The supply chain entities that are parties to these agreements include those

                                                                   Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                        LSB11270

CRS Legal Sidebar
Prepared for Members and
Committees of Congress

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