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Impact of One Ohio, opioid lawsuit remains to be seen

BELLAIRE — While the future of an Ohio-based lawsuit against the opioid industry remains unknown, officials are weighing in on their expectations for any monetary proceeds that might result if the suit is ever settled.

One Ohio, which is the brainchild of Gov. Mike DeWine and Attorney General David Yost, is proposing a plan to divide the potentially millions or even billions of dollars collected from the lawsuit filed in federal court by many local governments in the Buckeye State. The plan calls for giving 11 percent of the money to attorneys, 30 percent to local governments, 55 percent to a new foundation and 15 percent to the AG’s office.

The One Ohio agreement would give local governments much control of the purse strings — all but cutting out state lawmakers remembered for diverting tobacco settlement money at one point that had been intended to cover smoking-related health care costs to pay for other things.

No other state has announced plans for any dividing settlements received over the toll of opioids. And so far no national opioid settlement has been finalized. One with OxyContin maker Purdue Pharma is being worked on in bankruptcy court, and a group of three drug distribution companies and two manufacturers are working on a settlement intended to resolve all litigation against them.

The number of opioid deaths suffered by a community would be among criteria for determining its share.

Attorneys are working to address significant divisions that remain after a meeting of the parties last week. Large cities and counties, mostly controlled by Democrats, sat side-by-side at the gathering with largely GOP-led smaller cities and counties, and DeWine and Yost, also Republicans.

Ohio Rep. Jack Cera, D-Bellaire, on Thursday said he still is learning about One Ohio, but he knows one thing for sure — the money should go toward helping local municipalities battling the epidemic on the frontlines.

“I’m generally familiar with what the dispute has been — the locals don’t like the state coming in and taking it over,” Cera said. “It’s not clear if the legislature will have to pass on a program like this or not. I think we want to learn from our mistakes from the tobacco money. A lot of it got used for budget problems as opposed to what the settlement was for.”

Cera said he was not holding office at the time of the tobacco settlements, but he does remember what happened with some of the money.

“What happened with the tobacco settlement money was that the economy tanked and they needed a pot of money to balance the budget,” he said. “The locals were out front on these lawsuits. The locals are the ones who took up the battle against the companies being sued. We have to make sure they are being taken care of.”

Harrison County Prosecutor Owen Beetham said the county commission approved joining an opioid lawsuit that was filed in federal court about three years ago. He said he has received a memorandum of understanding regarding the One Ohio agreement, and he plans to read it and make a recommendation to the commissioners during their 10 a.m. Wednesday meeting at the courthouse in Cadiz.

Harrison County Commissioner Paul Coffland said there appear to be both good and bad parts to the proposed One Ohio agreement.

“We’re keeping an eye on it. Some of the benefits we see from a mass settlement, but we’re concerned with how it would be split in regards to Harrison County,” Coffland said.

Harrison County, like most other communities in the state, has experienced a variety of problems because of the opioid crisis, he said.

“We think it’s rampant everywhere. … We’re trying to quantify what those costs are. … Most of the Ohio River Valley have been greatly impacted by this,” Beetham added.

The latest draft of the deal, obtained Thursday by The Associated Press, retains the same percentages, but it provides more clarity on how the foundation’s share would be spent and allows local government leaders to serve as “experts” in advising the nonprofit’s board. An earlier version required those experts to be outsiders, which Cincinnati Mayor John Cranley said was insulting and a waste of money.

Lawyers have set a deadline of March 6 for parties to react to the plan.

Yost said during an unrelated news conference Thursday that talks are “proceeding well” but that “a lot of moving parts” made it difficult to predict when the deal would be complete.

“It is occupying a great deal of my thought and time,” he said.

He added that getting unanimous buy-in may not be possible: “But we need something very close to unanimity. We need at least unity.”

Everyone recognizes the value of presenting a unified front to a federal judge in Cleveland handling thousands of opioid-related cases, said those privy to the discussions.

Opioids, including both powerful prescription painkillers and illegal drugs such as heroin and illicit fentanyl, have been linked to more than 430,000 deaths in the U.S. since 2000. The drug industry is facing about 3,000 lawsuits over the toll of the drugs, including from 49 states and thousands of municipal, county and Native American tribal governments.

The sprawling litigation is among the most complex ever in the U.S., and if Ohio could hammer out a unified plan for spending any settlement dollars, it would save both time and money.

Belmont County Prosecutor Dan Fry on Friday said his county also joined an opioid lawsuit about three years ago. He also received the memorandum of understanding from DeWine and Yost. After reviewing it and talking with the county commissioners, he said the county is in favor of joining, as it would potentially speed up a possible settlement. One concern from there being so many smaller suits is that the defendants will simply run out of money or file for bankruptcy, he said.

Fry noted the county does not agree with memorandum’s use of a foundation. If there must be a foundation, it should not receive 55 percent of the settlement, he said.

“Fifty-five percent is unnecessary. We know what the problems are in Belmont County, and we don’t need a bureaucratic agency directing that going forward,” Fry said.

Fry said a settlement is not guaranteed by One Ohio, but it could help.

“If it happens it will allow an immediate settlement and monies to flow into Belmont County for the opioid crisis,” he said.

Martins Ferry Police Chief John McFarland said he would like to learn more details about where the money will actually go and how it can be spent.

“Every community in Ohio has had to fight the opioid epidemic, so every community should receive assistance. I know that my officers have spent hundreds of hours dealing with incidents and crimes associated with the epidemic,” McFarland said. “In Martins Ferry, we’ve had parents lose children and children who have lost parents due to this. Money can’t bring back what has been lost, but we can put that money towards efforts of fixing the crisis.

“I know good people who got addicted to pain killers because they were prescribed to them by doctors,” he continued. “Some of those good people have died, and others are in prison because of addiction-related crimes.

“As part of the Belmont County Schools Staying Clean, we spend thousands of dollars each year at educating the children on the dangers of doing drugs. We are all trying to fight the drug war. I hope to get assistance with the programs we are doing.”

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