HomeMy WebLinkAboutRES 020 Draft 01 2018-2020 COUNTY OF HAWAII •_ _ ' % .`
STATE OF HAWAI'I
RESOLUTION NO. 20 19
A RESOLUTION AUTHORIZING THE EMPLOYMENT OF A PRIVATE ATTORNEY
TO REPRESENT THE COUNTY OF HAWAI'I IN OPIOID LITIGATION
WHEREAS, there is an epidemic across the United States, officially recognized by the
Department of Health and Human Services as a public health emergency in 2017, due to the
continued increase in drug overdose deaths due to prescription opioid pain killers;
WHEREAS,pharmaceutical companies reassured the medical community that opioid
pain medications were not addictive and were safe for long-term use (statements that they knew
were patently false statements) and thereafter spent millions of dollars developing deceptive
materials and advertising, deploying sales representatives, and recruiting physicians to encourage
increased prescription rates, which in turn led to increased addiction, loss of life, and costs;
WHEREAS, in 2016, the County of Hawai'i had the highest prescribing rate for opioids
in the State of Hawai'i, at a rate of 66.4 prescriptions per 100 persons, double the prescribing rate
for the City and County of Honolulu;
WHEREAS,the effects of the opioid epidemic are felt strongly in the County of
Hawai'i, and acknowledging that Hawai'i often experiences a delayed impact in relation to
national trends in substance abuse, so that the impacts are projected to increase;
WHEREAS,the County of Hawai'i seeks to hold the individual(s) and entities who
caused this catastrophe legally responsible for their conduct;
WHEREAS,the Office of the Corporation Counsel has determined that such
proceedings are complex and require specific expertise and experience in opioid litigation;
WHEREAS, the law firm of Napoli Shkolnik PLLC and their local counsel, the HI
Accident Law Center, are experienced at handling opioid litigation;
WHEREAS,Napoli Shkolnik PLLC and the HI Accident Law Center have or will agree
to represent the County of Hawai'i in such litigation, on a contingency basis, so that the County
of Hawai'i will not have to: (1) front any costs; or(2) pay any fees, including attorneys' fees,
and/or costs, should the County of Hawai'i does not prevail; because (3) any and all fees and/or
costs owed to Napoli Shkolnik PLLC and the HI Accident Law Center would be paid from any
potential settlement or award amounts; and
WHEREAS, County Charter § 6-5.5 requires a two-thirds vote by the County Council to
approve employment of special counsel;
NOW THEREFORE,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that:
1. Pursuant to County Charter § 6-5.5, the County Council authorizes the
retention of special counsel, to represent the County of Hawai'i in
litigation against opioid manufacturers, and those within the distribution
chain, who may be liable to the County of Hawai'i for their part in the
opioid epidemic; and
2. Such retention will be on a contingency basis so that the County of
Hawai'i does not have to front anycosts for such litigation.
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BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to (1) Mayor Harry Kim; (2) Paul Ferreira, Chief, Hawai`i Police Department; (3)Darren
Rosario, Hawai'i County Fire Chief; (4) Mitch Roth, Prosecuting Attorney for the County of
Hawai'i; and(5)Joseph Kamelamela, Corporation Counsel.
Dated at Hilo , Hawai`i, this 10th day of April , 2019
INTRODUCED BY:
dirACAINer
COUN L MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i CHUNG X
DAVID X
I hereby certify that the foregoing RESOLUTION was by EOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the KANEALI`I-KLEINFELDER X
County of Hawaii on April 10, 2019
KIERKIEWICZ X
LEE LOY X
ATTEST: POINDEXTER X
RICHARDS X
VILLEGAS X
6 2 1 0
Reference: C-12/FC-15
UNTY CLERK CHAIRPERSON & PD\SIDING OFFICER RESOLUTION NO. 20 1.9
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