Mayor Alex B. Morse Law Department
Cay of Holyoke
Sune 15, 2018
Holyoke City Council
536 Dwight Street,
Holyoke, MA 01040
Dear Honorable Councilors
On February 30, 2018 and May 1, 2018, the Holyoke Law Department received
orders from Councilors Sullivan and Leahy, respectively, requesting the Holyoke Law
Department investigate joining ongoing litigation against Opioid Manufacturers
responsible for fueling the opioid epidemic.
‘The mass tort litigation is not a class-action lawsuit, but rather Multi-District,
Litigation (MDL) of a collection of over four hundred and fifty (450) lawsuits filed in
federal courts actoss the country on behalf of individual municipalities claiming different
but related damages caused by ihe opioid epidemic. The defendants include opioid
manufacturers Purdue Pharma LP, Johnson & Johnson, Teva Pharmaceutical Industries
Ltd and Endo International Ple and drug distributors AmerisourceBergen Corp, Cardinal
Heaith Inc and McKesson Corp.
In the fall of 2017, the Law Department began evaluating its litigation position
and potential counsel relationships with respect to the emergence of national opioid
litigation against the drug manufacturers and wholesale distributors responsible for
fucling the opioid epidemic. The Department considered proposals from national and
local attorney groups, spoke with City Solicitors in surrounding communities, attended a
March 2018 panel discussion on municipal involvement in the litigation held by the
Massachusetts Municipal Lawyes Association (MMLA) and reviewed proposal materials
obtained through a public records request to the City of Boston in. connection with
Boston’s solicitation of litigation proposals.
Based upon the above review, the City of Holyoke entered a representation
agreement with the Massachusetts Opioid Litigation Attormeys (MOLA) consortium,
which represents several multiple Western Massachusetts municipalities. The law firm of
Sweeney Mertigan Law, LLP acts as regional counsel for the consortium, Among the
primary reasons for selecting the MOLA consortium for engagement was the
consortium’s collective expertise and focus on federal mass tort MDL, its strong
representation on the MDL steering committee, and assurance that the City would not
incur any litigation expenses unless successful in the litigation. Per the terms of the
representation agreement, the City would pay a negotiated contingeney fee on any
recovery but would not incur any expenses if the suit does not result in monetary
20 KOREAN VETERANS PLAZA - ROOM 204 - HOLYOKE, MASSACHUSETTS 01040-5000
‘TELEPHONE: (413) 322-5580 + FACSIMILE: (413) 822-5581
Birthplace of VolleyballMayor Alex B. Morse Law Department
City of Holyoke
recovery. Any legal expenses paid to counsel would be derived from a monetary
recovery and in no event would any tax dollars be obligated through the representation,
On Monday, May 14, 2018, the City of Holyoke, though its counsel, filed its
complaint in the MDL alleging Pharmaceutical Drug Manufacturers fueled the opioid
epidemic by pushing highly addictive, dangerous opioids and falsely representing to
doctors that patients would only rarely succumb to drug addiction. The nationwide MDL
cases have been consolidated into a single federal court in Ohio before U.S. District
Court Judge Dan Polster with a scheduled trial date of July 2019.
L trust the above addresses your questions. Please do not hesitate to contact me
should you be interested in discussing further.
Best Regards,
AA Fe
Bak -
20 KOREAN VETERANS PLAZA « ROOM 204 + HOLYOKE, MASSACHUSETTS 01040-5000
‘TELEPHONE: (413) 322-6680 - FACSIMILE: (413) 322-5581
Birthplace of Volleyball