Williamson County may join lawsuit against opioid industry

Williamson County may join nearly 200 other counties and cities in a lawsuit against certain pharmaceutical manufacturers and distributors of prescription opioids.

County commissioners authorized the mayor Monday to execute a contract with a law firm leading potential litigation against five of the largest manufactures and distributors alleged to be contributing to drug addiction.

The mass tort seeks compensation for cities and counties for economic harm caused by the opioid crisis, such as the costs of addiction treatment, law enforcement and health care delivery systems. 

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"We say that the prescription drug manufacturers and distributors oversupplied prescription drugs, which led to the heroin and fentanyl epidemic, that prescription drugs were the catalyst," said Archie Lamb, counsel for Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor, a personal injury law firm based in Pensacola, Fla., leading the litigation.

The county has also hired the following law firms: Greene Ketchum Bailey Farrell & Tweel; Baron & Budd; Hill, Peterson, Carper, Bee & Deitzler; and McHugh Fuller Law Group.

"We're seeking to address, 'What is the cost to the community of having to deal with these people who have become addicted as result of the misconduct of companies?'" said Lamb.

More than 180 cities and counties across the country have filed claims, Lamb said. He said their firm expects 100 more to join in the next six months. 

Lawsuits have been consolidated in federal court in northern Ohio, Lamb said. 

Williamson County would have their own individual claim that will establish damages in the last five years and cost projections in the next 10 years, Lamb said. 

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County commissioners Kathy Danner, Sherri Clark and Matt Williams were absent Monday. County commissioner Brandon Ryan was the sole dissenting vote. 

Participation in the possible litigation will not cost the county money, according to the resolution. 

Opioid addiction and overdoses have been on the rise nationally and in the state of Tennessee. At least 1,631 Tennesseans died from drug overdoses in 2016, up about 12 percent from 2015, according to the Tennessee Department of Health. 

Deaths from fentanyl and synthetic opioids increased from 169 in 2015 to 294 in 2016, according to state data.

"We're seeing more and more addiction to the pain pills, and from that they're going to the heroin. Now we're seeing fentanyl and carfentanil," said Williamson County Sheriff Jeff Long.

"We've had to use the counteractive drug Narcan recently to revive some of the people who were overdosing from heroin," Long said. "We're seeing more and more pills that are being prescribed that are being sold on the street."

He added: "People come into jail and have to be detoxed before they have to go into medical treatment. That's a cost to our citizens, and it would be great to recoup those costs for our citizens." 

Since January, there have been two deaths and 17 overdoses from various drugs in Williamson County, according to Long. 

The Healthcare Distribution Alliance is a national trade association representing distributors, including McKesson, Cardinal Health and AmerisourceBergen - the three distributors referenced in the potential lawsuit. 

“As distributors, we understand the tragic impact the opioid epidemic has on communities across the country," said John Parker, senior vice president of Healthcare Distribution Alliance. "We are deeply engaged in the issue and are taking our own steps to be part of the solution – but we aren’t willing to be scapegoats. 

“Distributors are logistics companies that arrange for the safe and secure storage, transport, and delivery of medicines from manufacturers to pharmacies, hospitals, long-term care facilities, and others based on prescriptions from licensed physicians," Parker said in a statement.

"We don’t make medicines, market medicines, prescribe medicines, or dispense them to consumers," he said. 

Reach Melanie Balakit at mbalakit@tennessean.com.