Nashville cleared to explore opioid lawsuit with contracting dispute now resolved

After facing an unexpected setback, Mayor Megan Barry's administration is now cleared to use an outside law firm to explore a potential lawsuit against opioid manufacturers and distributors following Metro Council action Tuesday.

The council voted 31-1 to defeat a motion to reconsider contracting Nashville-based Lieff Cabraser Heimann & Bernstein, LLP, reaffirming an initial vote from two weeks ago. 

Tuesday's additional action was forced by At-large Councilwoman Erica Gilmore, who at the Dec. 5 meeting held up the proposal's passage by turning to a seldom-used tactic that allows the council to reconsider approved legislation during its next meeting. 

Gilmore and multiple other African-American council members have questioned whether minority-led law firms were considered for the contract. The contract was deferred against the administration's will last month as well.  

Easing some concerns, Lieff Cabraser has now partnered with Manson, Johnson and Conner, a firm whose five partners are all African-American.

"The opioid catastrophe has devastated families throughout our community," said Mark Chalos, a partner at Lieff Cabraser. "We are honored to represent our hometown in leading the fight against the wrongdoers. The lawsuit seeks to recover taxpayer money spent to combat the effects of the opioid catastrophe in our city."

Under the resolution approved Tuesday, attorneys will investigate whether Metro should pursue litigation to seek reimbursement for economic harms caused by the opioid crisis locally.

According to a council legal analysis of the approved agreement, the "economic impacts" of opioid addiction on Metro government includes drug addiction treatment, emergency room visits, law enforcement response, incarceration, child abuse and neglect, and the cost for removing children from parental custody, as well as medical treatment for prenatal opioid exposure.

In Nashville, the danger of prescription pills has received heightened attention after Barry's 22-year-old son, Max, in August died of an overdose that involved opioids. Barry has talked openly about her son's death, and become a voice in the national opioid crisis, but a mayor's office spokesperson has said Metro was considering legal action before Max's death.

Cities across the nation have taken legal action against opioid distributors and manufacturers as the opioid crisis has deepened in recent years. 

On Tuesday, Lieff Cabraser filed a lawsuit in federal court on behalf of Smith County against a long list of companies seeking to recover public dollars spent on combating the opioid epidemic there. It is believed to be the first lawsuit of its kind filed in Tennessee on behalf of a county. 

Lieff Cabraser, which also has law offices in New York, San Francisco, and Seattle, represents only plaintiffs, both in class-action and individual cases. In the past, the firm has won successful past suits against the tobacco industry, Volkswagen in the car company's recent "clean diesel" emissions fraud cases, and employment practices of Walmart.

In Metro, Lieff Cabraser will be retained on a contingency fee basis, meaning Metro won't pay attorney fees during the litigation process. The firm will instead receive compensation only if it recovers a favorable verdict or reaches a settlement. How much would depend on the amount recovered in litigation or a settlement, and whether the defendant opioid manufacture or distributor admits to wrongdoing.

Reach Joey Garrison at 615-259-8236, jgarrison@tennessean.com and on Twitter @joeygarrison.