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Board ratifies counsel authority to add defendants in opioid litigation
Summary
The Dodge County Board approved a resolution confirming county counsel may add additional defendants, including pharmacy benefit managers, to opioid litigation coordinated with other counties.
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The Dodge County Board of Supervisors voted to confirm and ratify authority for the county's counsel to add additional defendants to ongoing opioid litigation, including in MDL 2804.
The board recorded a unanimous 30-0 vote to approve Resolution 25-07, which affirms that the retainer agreement entered by Dodge County with outside counsel permits adding other defendants discovered through investigation, the executive committee said.
County counsel explained that some proposed defendants argued the original retainer agreement authorized suits only against manufacturers and distributors and later-added pharmacies; the resolution clarifies the agreement also allows adding defendants found during discovery and further investigation, including pharmacy benefit managers such as OptumRx that were listed in the resolution. The action was advanced by the Executive Committee and moved by Supervisor Hedrick with a second by Supervisor Benter.
No new expenditure was recorded in the board discussion excerpt; the resolution authorizes counsel to proceed under the existing retainer. During discussion Supervisor Segman asked about the defendants' basis for challenging authority to add parties, and counsel explained the resolution is intended to clarify and ratify the previously adopted retainer terms and board authorization from earlier litigation decisions.
