Title
Resolution Approving the City of Hampton’s Participation in the Proposed Settlements of Opioid-Related Claims Against, Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics), and Directing the City Manager to Execute the Documents Necessary to Effectuate the City of Hampton’s Participation in the Settlements
Purpose
PURPOSE/BACKGROUND:
On November 10, 2021, the City Council approved the City's participation in a Memorandum of Understanding governing the statewide distribution of settlement funds relating to ongoing litigation by the state with several companies involved in the manufacture and distribution of opioids. At the time, the only settlements which had been reached were with distributors McKesson, Cardinal Health and AmerisourceBergen, and manufacturer Janssen Pharmaceuticals. On March 8, 2023, City Council approved additional settlements with manufacturers Teva, Allergan, and retailers Walmart, Walgreens and CVS. On July 10, 2024, City Council approved an additional settlement with Kroger and its related corporate entities. On August 13, 2025, City Council approved an additional settlement with against the Sackler Family, and on September 10, 2025, City Council approved an additional settlement with opioid manufacturers Alyogen, Amneal, Apotex, Hikma, Indivior, Mylan, Sun, and Zydus. Settlements have now been reached with six regional pharmacies: Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics). This resolution would approve the City's participation in this latest round of proposed settlements.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, the opioid epidemic that has cost thousands of human lives across the country also impacts the Commonwealth of Virginia and its counties and cities, including the City of Hampton, by adversely impacting the delivery of emergency medical, law enforcement, criminal justice, mental health and substance abuse services, and other services by the City of Hampton’s various departments and agencies; and
WHEREAS, the Commonwealth of Virginia and its counties and cities, including the City of Hampton, have been required and will continue to be required to allocate substantial taxpayer dollars, resources, staff energy and time to address the damage the opioid epidemic has caused and continues to cause the citizens of the Commonwealth and the City of Hampton; and
WHEREAS, settlement proposals have been negotiated that will cause the six regional distributors/dispensers: Associated Pharmacies, Inc. (and American Associated Pharmacies); J M Smith Corporation; Louisiana Wholesale Drug Company, Inc.; Morris and Dickson Co.; North Carolina Mutual Wholesale Drug Company, Inc.; and United Natural Foods, Inc. (including its subsidiaries SuperValu and Advantage Logistics) (collectively, “Six Remnant Defendants”) to pay an aggregate of $97,625,000 nationwide to resolve opioid-related claims against them; and
WHEREAS, the City of Hampton has approved and adopted the Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding (the “Virginia MOU”), and affirms that each of the pending settlements with the Six Remnant Defendants shall be considered a “Settlement” that is subject to the Virginia MOU, and shall be administered and allocated in the same manner as the opioid settlements entered into previously with opioid distributors McKesson, Cardinal Health, and AmerisourceBergen, opioid manufacturers Janssen Pharmaceuticals, Teva Pharmaceuticals, and Allergan, and retail pharmacy chains CVS, Walgreens, Walmart, and Kroger; and
WHEREAS, the City’s participation in this additional settlement will result in additional funds being provided to reimburse the City for its costs associated with the opioid epidemic;
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF HAMPTON, VIRGINIA that it approves of the City of Hampton’s participation in the proposed settlements of opioid-related claims against the Six Remnant Defendants, and directs the City Manager to execute the documents necessary to effectuate the City of Hampton’s participation in the settlements, including the required release of claims against the Six Remnant Defendants.