city of San Antonio


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File #: 19-6070   
Type: Resolution
In control: City Council A Session
On agenda: 8/15/2019
Posting Language: Resolution affirming the City of San Antonio’s commitment to participate in national opioid litigation and asking the City Attorney to seek necessary State approval for a contingency fee contract for professional legal services. [Andy Segovia, City Attorney]
Attachments: 1. Draft Resolution, 2. Resolution 2019-08-15-0051R
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DEPARTMENT: City Attorney's Office


DEPARTMENT HEAD: Andy Segovia


COUNCIL DISTRICTS IMPACTED: Citywide


SUBJECT:

National Opioid Litigation


SUMMARY:

This item affirms the City of San Antonio's commitment to participate in national opioid litigation and asking the City Attorney to seek approval from the State of Texas for a contingency fee contract for professional legal services.


BACKGROUND INFORMATION:

The country is in the middle of a public health crisis stemming from a flood of opioids pouring into the cities and counties, destroying families, taking lives and sapping tax dollars and resources from the community. This opioid epidemic impacts the City of San Antonio and its citizens.

Currently, there is ongoing, multi-district litigation in the United States District Court, Northern District of Ohio, filed on behalf of cities and counties across the country against pharmaceutical manufacturers and distributors. A fundamental purpose of multi-district litigation is to allow for efficient streamlined management of multiple nationwide cases to mitigate unnecessary duplication and costs for all parties. It is in the best interest of the City and its citizens for the City to participate in this litigation styled In re: National Prescription Opiate Litigation, MDL 2904.

The complexity and nature of multi-district mass tort litigation, the location of the multi-district jurisdictions, the stage of the proceedings and the staffing levels necessary to pursue these claims makes it unlikely that the representation of the City can adequately be performed solely by the City Attorney's office. The nature of mass-tort litigation does not reasonably allow for the legal services to be obtained from attorneys in private practice under a contract for the payment of hourly fees. The City does not have appropriated funds available to pay the estimated amounts required under a contract for the payment of hourly fees because the undertaking of mass-tort liti...

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