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FC-15 Page 2 February 19,2019 <br /> Mr. Horowitz stated Napoli Shkolnik is a national law firm. They represent several cities and <br /> counties across the nation and their local affiliate is Hawai`i Accident Law Center. The law firm <br /> has a lot of experience in opioid litigation. Mr. Horowitz has spoken with Napoli Shkolnik but <br /> most of his dealings have been with John Choi of the Hawaii Accident Law Center. <br /> Mr. Chung asked about theories of liability,but Mr. Horowitz was not able to go into detail <br /> because the complaint has not yet been finalized. Mr. Horowitz responded with respect to <br /> theories of liability from other lawsuits boiling it down to mainly the manufacturers, distributors, <br /> and those along the distribution chain, negligently and possibly knowingly prescribed these <br /> medications which resulted in addictions and deaths. <br /> Mr. Chung questioned whether going after the big pharmaceuticals would increase the cost to <br /> those in need and whether there would be a problem to hold off, to which Mr. Horowitz <br /> explained that nationally the suit has been consolidated so one court will do a mass settlement <br /> and distribute to the parties. If the case settles before the County of Hawai`i joins, then the <br /> County gets nothing. Mr. Chung is not inclined to vote in favor at this time and would like to see <br /> it deferred. <br /> Council Member Valerie Poindexter feels Hawaii County should take a different approach. The <br /> root causes are in the processes that are not in place, like physician education. She asked if <br /> patients are monitored through a facility that is equipped to handle and educate on pain <br /> management medication. Ms. Poindexter feels it will only drive up the cost of prescription <br /> medication, which would affect the seniors. At this time, Ms. Poindexter will not be supporting <br /> this measure. <br /> Council Member Rebecca Villegas feels it is time to hold manufacturers accountable. She stated <br /> joining with other communities across the country to make a stance and a statement that we are <br /> not okay with being told these different medicines are safe and healthy and not being properly <br /> educated. Ms. Villegas also feels the County need to set a standard and join other communities <br /> in stating that it is not okay. <br /> Council Member Susan Lee Loy asked how it works when the municipals of a state join but the <br /> state does not. Joseph Kamelamela, Corporation Counsel, replied that in this situation the State <br /> did not join, so whatever judgment that would be in the County's favor would go completely to <br /> the County. <br /> Councilmember Ashley Kierkiewicz commented that one life lost is one too many. <br /> Ms. Kierkiewcz would like an informational sheet that outlines the impact as well as cases that <br /> the municipalities are bringing against manufacturers and distributors. Ms. Kierkiewicz put a <br /> motion on the floor to postpone making a decision on this resolution until more information is <br /> produced. <br /> Mr. Chung asked what remedies are being looked at besides monetary damages. Mr. Horowitz <br /> stated that at this time it is geared towards monetary damages, and once the money comes down <br /> FC Report No.: 15 <br />