HomeMy WebLinkAboutItem S4 Liz Yongue
From: Gomez-Krystal <Gomez-Krystal@MonroeCounty-FL.Gov>
Sent: Tuesday, September 9, 2025 11:50 AM
To: Ballard-Lindsey; County Commissioners and Aides; Kevin Madok; Senior Management
Team and Aides; Liz Yongue; InternalAudit
Cc: Shillinger-Bob; Williams-Jethon; Cioffari-Cheryl; Livengood-Kristen; Rubio-Suzanne;
Pam Radloff; County-Attorney; Allen-John; Danise Henriquez; Hurley-Christine; Rosch-
Mark; Gambuzza-Dina; Beyers-John; InternalAudit; Valcheva-Svilena; Powell-Barbara
Subject: ADD-ON Item S4 09/10/2025 BOCC Meeting
Attachments: AIS 4546 S4 WITH BACKUP.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Good afternoon,
Please be advised,the following Add On Item is set for inclusion day-of meeting prior to the approval of the Agenda:
"Approval to execute settlement agreement in the matter of the New National Opioids Settlement:Secondary
Manufacturers, Reference No. CL-1770486, and authorization for the County Attorney or his designee to sign all
necessary documents."
The Agenda Item Summary is attached.Once approved,this will be considered Add On Item S4.
Sincerely,
)V,rystaC crovuez
Executive Administrator
Monroe County Administrator's Office
1100 Simonton Street,Suite 2-20S
Key West, FL 33040
Office:30S-292-4441
Cell:30S-8SO-8694
Courier Stop#1
Notary Public
www.ri"ioriroeco�,,iirity.-fu..gov
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PLEASE NOTE: FLORIDA HAS A VERY BROAD RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM THE COUNTY REGARDING COUNTY BUSINESS
ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR EMAIL COMMUNICATION MAY BE SUBJECT TO PUBLIC DISCLOSURE.
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S4
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE Mayor James K.Scholl,District 3
The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2
Craig Cates,District 1
David Rice,District 4
Holly Merrill Raschein,District 5
Board of County Commissioners Meeting
September 10, 2025
Agenda Item Number: S4
2023-4546
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Anjelica Harden-Ivanoski
N/A
AGENDA ITEM WORDING: Approval to execute settlement agreement in the matter of the New
National Opioids Settlement: Secondary Manufacturers, Reference No. CL-1770486, and authorization
for the County Attorney or his designee to sign all necessary documents.
ITEM BACKGROUND:
This item seeks approval to documents necessary to settle class action litigation between Monroe
County, on the one hand, and eight national manufacturers (Alvogen, Amneal, Apotex, Hikma, Indivor,
Mylan, Sun, and Zydus) (collectively "Secondary Manufacturers Settling Defendants"), on the other
hand. The Opioids Implementation Administrator has requested approval of settlement documents
prior to 10/8/2025.
On 4/3/2019, Monroe County filed a lawsuit against manufacturers and distributors, including several
national retail pharmacy chains, in the federal district court for the Southern District of Florida, for
damages caused to the County by opioids manufactured and distributed by the defendants. The lawsuit
was later removed and consolidated with other cases filed by other states and local governments, in
multi district litigation(MDL)pending in Ohio. In addition, some states, including Florida and other
local governments, filed their own separate suits in their respective state courts.
In September 2021, the Board of County Commissioners approved Monroe County Resolution No. 285-
2021, approving in principle a settlement with the Settling Defendants along the lines of the
Memorandum of Understanding ("MOU") attached to the Resolution.
The settlement documents with the Settling Defendants have now been circulated by the State, and are
attached to this agenda item.
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PREVIOUS RELEVANT BOCC ACTION:
09/10/2025: BOCC approved plan for FY 2026
09/11/2024: BOCC approved plan for FY 2025
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval to execute Settlement Agreement.
DOCUMENTATION:
nationalopioid—settlement—notice—settlement—overview.pdf
National Opioid Settlement.pdf
FINANCIAL IMPACT:
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National Opioid Settlement: Purdue Pharma L.P.
Rubris Reference Number: CL-1747970
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PURDUE PHARMA L.P. & SACKLER FAMILY SETTLEMENT OVERVIEW
A proposed nationwide settlement agreement has been reached with Purdue (and certain of its
affiliates) and the Sackler family concerning alleged misconduct related to opioids.
The proposed settlement is being implemented in connection with Purdue's bankruptcy proceedings,
and consists of, among other things, a settlement of Purdue's claims against the Sacklers and certain
other parties (referred to as the "Estate Settlement"), and a settlement of direct claims against the
Sacklers held by States, local governments and other creditors (the "Direct Settlement", and together
with the Estate Settlement, the "Settlement"). The Settlement contemplates that the Sacklers will be
paying an aggregate of $6.5 billion in 16 payments over 15 years, including $1.5 billion on the
settlement's Effective Date (expected to be in 2026), though some amounts are subject to discounted
prepayments. These amounts are in addition to amounts available from the Purdue estate including
amounts available on the Effective Date(expected to be around$900 million)and amounts that may be
paid in the future.
The Settlement also contains injunctive relief governing opioid dispensing practices and requires the
successor-in-interest of Purdue Pharma L.P. to implement safeguards to prevent diversion of
prescription opioids, and also restrict certain Sacklers from directly or indirectly engaging in the
manufacturing or sale of opioids, as detailed in the Settlement.
The proposed settlement has two key participation steps now that all eligible states and territories
elected to participate in the Direct Settlement.
First, eligible subdivisions within each participating state decide whether to participate in the Direct
Settlement. The Direct Settlement is documented in the Governmental Entity and Shareholder Direct
Settlement Agreement, which is commonly referred to as the "GESA". The more subdivisions that
participate, the more funds flow to that state and its subdivisions. Any subdivision that does not
participate cannot directly share in any of the Direct Settlement funds, even if the subdivision's state is
settling and other participating subdivisions are sharing in settlement funds.
YOU MUST PARTICIPATE IN THE DIRECT SETTLEMENT BY RETURNING YOUR
PARTICIPATION FORM IN ORDER TO RECEIVE THE BENEFITS OF THE
SETTLEMENT.
Second, concurrently with the solicitation of eligible subdivisions to participate in the Direct
Settlement, votes will be solicited for approval of Purdue Pharma L.P.'s bankruptcy plan, which plan
will provide distributions in respect of the Estate Settlement. NOT ALL SUBDIVISIONS ELIGIBLE
TO PARTICIPATE IN THE SETTLEMENT WILL RECEIVE PACKAGES TO VOTE ON THE
PLAN.
Please note that this is NOT a solicitation or a request for subdivisions to submit votes on the
Purdue bankruptcy plan.This settlement package only pertains to a decision to participate in the
Direct Settlement with the Sacklers.
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If you receive a package to vote on the plan you should follow the applicable instructions for voting.
PLEASE NOTE THAT VOTING ON THE PLAN IS SEPARATE FROM PARTICIPATION IN THE
DIRECT SETTLEMENT. IT IS NOT NECESSARY TO VOTE ON THE PLAN IN ORDER TO
RECEIVE THE BENEFITS OF THE SETTLEMENT.
WHO IS RUBRIS INC.AND WHAT IS THE IMPLEMENTATION
ADMINISTRATOR?
The Direct Settlement provides that an Implementation Administrator will provide notice and manage
the collection of participation forms. Rubris Inc. is the Implementation Administrator for the Direct
Settlement and was also retained for the prior national opioid settlements.
WHY IS YOUR SUBDIVISION RECEIVING THIS NOTICE?
Your state has elected to participate in the Settlement, and therefore your subdivision may participate in
the Direct Settlement. This notice is also being sent directly to counsel for such subdivisions if the
Implementation Administrator has their information.
If you are represented by an attorney with respect to opioid claims,please contact them. Subdivisions
can participate in the Settlement whether or not they filed a lawsuit or are represented.
WHERE CAN YOU FIND MORE INFORMATION?
Detailed information about the Settlement, including each settlement agreement, may be found at:
hLVs://nationalopioidsettlement.com/purdue-sacklers-settlements/. This website will be updated to
include information about how the Settlement is being implemented in most states and how funds will
be allocated within your state.
You are encouraged to review the terms of the settlement agreements and discuss the terms and benefits
with your counsel,your Attorney General's Office, and other contacts within your state.
Your subdivision will need to decide whether to participate in the proposed Settlement, and
subdivisions are encouraged to work through this process before the September 30,2025 deadline.
HOW DO YOU PARTICIPATE IN THE SETTLEMENT?
The Settlement requires that you take affirmative steps to "opt in"to the Settlement.
In the next few weeks, you will receive documentation and instructions from the Implementation
Administrator. In order to participate in the settlement, a subdivision must sign and return the required
documentation.
Please add the following email addresses to your"safe"list so emails do not go to spam/junk folders:
dse_na3@adocusign.net and opioidsparticipation@arubris.com. Please monitor your email for the
Participation Form and instructions.
All required documentation must be signed and returned on or before September 30,2025.
- 2 - 4
Docusign Envelope ID:7DEDF8BE-EBEO-41CO-9C16-F6E7BOB1C17A
New National Opioids Settlement: Secondary Manufacturers
Opioids Implementation Administrator
MONROE COUNTY, FL
Reference Number: CL-1770486
TO LOCAL POLITICAL SUBDIVISIONS:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEW
NATIONAL OPIOIDS SECONDARY MANUFACTURERS SETTLEMENTS. YOU
MUST TAKE ACTION IN ORDER TO PARTICIPATE.
Deadline: October 8, 2025
A new proposed national opioids settlement (""Secondary Manufacturers
Settlements") has been reached with eight opioids manufacturers: Alvogen, Amneal,
Apotex, Hikma, Indivior, Mylan, Sun, and Zydus (""Settling Defendants"). This
Combined Participation Package is a follow-up communication to the Notice of
National Opioids Settlement recently received electronically by your subdivision.
You are receiving this Combined Participation Package because the State of Florida is
participating in the Secondary Manufacturers Settlements.
If a state is not eligible to or does not participate in the settlement with a particular
manufacturer, the subdivisions in that state are not eligible to participate in that
manufacturer's settlement.
This electronic envelope contains:
• A Combined Participation Form for the Secondary Manufacturers Settlements
that your subdivision is eligible to join, including a release of any claims.
The Combined Participation Form must be executed, without alteration, and
submitted on or before October 8, 2025, in order for your subdivision to be
considered for initial participation calculations and payment eligibility under
the Secondary Manufacturers Settlement.
Based upon Combined Participation Forms received on or before October 8, 2025, the
subdivision participation rate will be used to determine whether participation is
sufficient for each settlement to move forward and whether a state earns its
maximum potential payment under each settlement. If a settlement moves forward,
your release will become effective. If a settlement does not move forward, that
release will not become effective.
Any subdivision that does not participate cannot directly share in the settlement
funds, even if the subdivision's state is settling and other participating subdivisions
are sharing in settlement funds. Any subdivision that does not participate may also
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Docusign Envelope ID:7DEDF8BE-EBEO-41CO-9C16-F6E7BOB1C17A
reduce the amount of money for programs to remediate the opioid crisis in its state.
Please note, a subdivision will not necessarily directly receive settlement funds by
participating; decisions on how settlement funds will be allocated within a state are
subject to intrastate agreements or state statutes.
You are encouraged to discuss the terms and benefits of the Secondary
Manufacturers Settlements with your counsel, your Attorney General's Office, and
other contacts within your state. Many states are implementing and allocating funds
for this new settlement the same as they did for the prior opioids settlements but
states may choose to treat this settlement differently.
Information and documents regarding the Secondary Manufacturers Settlements,
implementation in your state, and how funds will be allocated within your state can be
found on the national settlement website at
::,. .ii . ..11. .11 .a
.......... .. a.
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......:.,,_ .iim. . This website will be supplemented as
additional documents are created.
This Participation Packet is different than the participation packet you recently
received from Rubris concerning a settlement with Purdue Pharma, L.P, and the
Sackler Family. The Secondary Manufacturers Settlements discussed in this
Participation Packet are different than the settlement with Purdue and the Sacklers,
and you may participate in the Secondary Manufacturers Settlements regardless of
whether you join the Purdue and Sackler settlement.
How to return signed forms:
There are three methods for returning the executed Combined Participation Form and
any supporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign: Executing the Combined Participation Form
electronically through DocuSign will return the signed form to the
Implementation Administrator and associate your form with your subdivision's
records. Electronic signature is the most efficient method for returning the
Combined Participation Form, allowing for more timely participation and the
potential to meet higher settlement payment thresholds, and is therefore
strongly encouraged.
(2)Manual Signature returned via DocuSign: DocuSign allows forms to be
downloaded, signed manually, then uploaded to DocuSign and returned
automatically to the Implementation Administrator. Please be sure to complete
all fields. As with electronic signature, returning a manually signed Combined
Participation Form via DocuSign will associate your signed forms with your
subdivision's records.
(3)Manual Signature returned via electronic mail: If your subdivision is unable to
return an executed Combined Participation Form using DocuSign, the signed
Combined Participation Form may be returned via electronic mail to
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Docusign Envelope ID:7DEDF8BE-EBEO-41CO-9C16-F6E7BOB1C17A
reference ID of your subdivision in the body of the email and use the subject
line Combined Settlement Participation Form - [Subdivision Name, Subdivision
State] - [Reference ID].
Detailed instructions on how to sign and return the Combined Participation Form,
including changing the authorized signer, can be found at
I .:It s„ natlionallo liolidsettllement.coirn addiitlionall settllerneints . You may also contact
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The sign-on period for subdivisions ends on October 8, 2025.
If you have any questions about executing the Combined Participation Form, please
contact your counsel or the Implementation Administrator at
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Thank you,
Secondary Manufacturers Settlements Implementation Administrator
The Implementation Administrator is retained to provide the settlement notice
required by the Secondary Manufacturers Settlements and to manage the collection
of the Combined Participation Form.
7
Docusign Envelope ID:7DEDF8BE-EBEO-41CO-9C16-F6E7BOB1C17A
EXHIBIT K
Secondary Manufacturers' Combined Subdivision Participation and Release Form
("Combined Participation Form")
Governmental Entity: MONROE COUNTY State: FL
Authorized Official:
Address 1:
Address 2:
City, State,Zip:
Phone:
Email:
The governmental entity identified above ("Governmental Entity"), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to each of the
settlements which are listed in paragraph 1 below(each a"Secondary Manufacturer's Settlement"
and collectively, "the Secondary Manufacturers' Settlements"), and acting through the
undersigned authorized official, hereby elects to participate in each of the Secondary
Manufacturers' Settlements,release all Released Claims against all Released Entities in each of the
Secondary Manufacturers' Settlements, and agrees as follows.
1. The Participating Entity hereby elects to participate in each of the following Secondary
Manufacturers' Settlements as a Participating Entity:
a. Settlement Agreement for Alvogen, Inc. dated April 4, 2025.
b. Settlement Agreement for Apotex Corp. dated April 4, 2025.
C. Settlement Agreement for Amneal Pharmaceuticals LLC dated April 4, 2025.
d. Settlement Agreement for Hikma Pharmaceuticals USA Inc. dated April 4, 2025.
e. Settlement Agreement for Indivior Inc. dated April 4, 2025.
f. Settlement Agreement for Viatris Inc. ("Mylan") dated April 4, 2025.
g. Settlement Agreement for Sun Pharmaceutical Industries, Inc. dated April 4, 2025.
h. Settlement Agreement for Zydus Pharmaceuticals (USA) Inc. dated April 4, 2025.
2. The Governmental Entity is aware of and has reviewed each of the Secondary
Manufacturers' Settlements, understands that all capitalized terms not defined in this
Combined Participation Form have the meanings defined in each of the Secondary
Manufacturers' Settlements, and agrees that by executing this Combined Participation
Form, the Governmental Entity elects to participate in each of the Secondary
Manufacturers' Settlements and become a Participating Subdivision as provided in each of
the Secondary Manufacturers' Settlements.
3. The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any
Released Claims that it has filed against any Released Entity in each of the Secondary
Manufacturers' Settlements. With respect to any Released Claims pending in In re
National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
0 0
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Docusign Envelope ID:7DEDF8BE-EBEO-41CO-9C16-F6E7BOB1C17A
authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice for each of the
manufacturers listed in paragraph 1 above substantially in the form found at
https:llnationalopioidsettlement.com/additional-settlementsl
4. The Governmental Entity agrees to the terms of each of the Secondary Manufacturers'
Settlements pertaining to Participating Subdivisions as defined therein.
5. By agreeing to the terms of each of the Secondary Manufacturers' Settlements and
becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein,
including, if applicable, monetary payments beginning after the Effective Date.
6. The Governmental Entity agrees to use any monies it receives through each of the
Secondary Manufacturers' Settlements solely for the purposes provided therein.
7. The Governmental Entity submits to the jurisdiction of the court and agrees to follow the
process for resolving any disputes related to each Secondary Manufacturer's Settlement as
described in each of the Secondary Manufacturers' Settlements.'
8. The Governmental Entity has the right to enforce each of the Secondary Manufacturers'
Settlements as provided therein.
9. The Governmental Entity,as a Participating Subdivision,hereby becomes a Releasor for all
purposes in each of the Secondary Manufacturers' Settlements, including without
limitation all provisions related to release of any claims,' and along with all departments,
agencies, divisions, boards, commissions, districts, instrumentalities of any kind and
attorneys, and any person in his or her official capacity whether elected or appointed to
serve any of the foregoing and any agency, person, or other entity claiming by or through
any of the foregoing, and any other entity identified in the definition of Releasor,provides
for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity
hereby absolutely,unconditionally,and irrevocably covenants not to bring,file,or claim,or
to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish
liability for any Released Claims against any Released Entity in each of the Secondary
Manufacturers' Settlements in any forum whatsoever. The releases provided for in each of
the Secondary Manufacturers' Settlements are intended by the Parties to be broad and shall
be interpreted so as to give the Released Entities in each of the Secondary Manufacturers'
Settlements the broadest possible bar against any liability relating in any way to Released
' See Settlement Agreement for Alvogen, Inc. Section VII.F.2; Settlement Agreement for Apotex Corp. Section
VII.F.2; Settlement Agreement for Amneal Pharmaceuticals LLC Section VII.F.2; Settlement Agreement for Hikma
Pharmaceuticals USA Inc.Section VII.F.2;Settlement Agreement for Indivior Section VI.F.2;Settlement Agreement
for Mylan Section VI.F.2; Settlement Agreement for Sun Pharmaceutical Industries,Inc. Section VII.F.2; Settlement
Agreement for Zydus Pharmaceuticals(USA)Inc. Section VII.F.2.
2 See Settlement Agreement for Alvogen, Inc. Section XI; Settlement Agreement for Amneal Pharmaceuticals LLC
Section X; Settlement Agreement for Apotex Corp. Section XI; Settlement Agreement for Hikma Pharmaceuticals
USA Inc. Section XI; Settlement Agreement for Indivior Section X; Settlement Agreement for Mylan Section X;
Settlement Agreement for Sun Pharmaceutical Industries, Inc. Section XI; Settlement Agreement for Zydus
Pharmaceuticals(USA)Inc. Section XI.
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Docusign Envelope ID:7DEDF8BE-EBEO-41CO-9C16-F6E7BOB1C17A
Claims and extend to the full extent of the power of the Governmental Entity to release
claims. Each of the Secondary Manufacturers' Settlements shall be a complete bar to any
Released Claim against that manufacturer's Released Entities.
10. The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in each of the Secondary Manufacturers' Settlements.
11. In connection with the releases provided for in each of the Secondary Manufacturers'
Settlements, each Governmental Entity expressly waives, releases, and forever discharges
any and all provisions,rights, and benefits conferred by any law of any state or territory of
the United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or her
favor at the time of executing the release that, if known by him or her would
have materially affected his or her settlement with the debtor or released
party.
A Releasor may hereafter discover facts other than or different from those which it knows,
believes,or assumes to be true with respect to the Released Claims in each of the Secondary
Manufacturers' Settlements, but each Governmental Entity hereby expressly waives and
fully, finally, and forever settles,releases and discharges,upon the Effective Date, any and
all Released Claims that may exist as of such date but which Releasors do not know or
suspect to exist,whether through ignorance,oversight,error,negligence or through no fault
whatsoever, and which, if known, would materially affect the Governmental Entities'
decision to participate in each of the Secondary Manufacturers' Settlements.
12. The Governmental Entity understands and acknowledges that each of the Secondary
Manufacturers' Settlements is an independent agreement with its own terms and
conditions. Nothing herein is intended to modify in any way the terms of any of the
Secondary Manufacturers' Settlements,to which Governmental Entity hereby agrees,aside
from the exceptions in paragraph 13 below. To the extent this Combined Participation
Form is interpreted differently from any of the Secondary Manufacturers' Settlements in
any respect, the individual Secondary Manufacturer's Settlement controls.
13. For the avoidance of doubt, in the event that some but not all of the Secondary
Manufacturers' Settlements proceed past their respective Reference Dates, all releases and
other commitments or obligations shall become void only as to those Secondary
Manufacturers' Settlements that fail to proceed past their Reference Dates.All releases and
other commitments or obligations (including those contained in this Combined
Participation Form) shall remain in full effect as to each Secondary Manufacturer's
Settlement that proceeds past its Reference Date, and this Combined Participation Form
need not be modified, returned, or destroyed as long as any Secondary Manufacturer's
Settlement proceeds past its Reference Date.
140-0��
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Docusign Envelope ID:7DEDF8BE-EBEO-41CO-9C16-F6E7BOB1C17A
I have all necessary power and authorization to execute this Combined Participation Form
on behalf of the Governmental Entity.
Signature:
Name:
Title:
Date:
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