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Bulloch County retains contingency counsel to pursue insulin pricing recovery for self‑insured plan
Summary
The board approved a contingent‑fee retainer with outside counsel to join multidistrict litigation alleging insulin price fixing, with no recovery means no fee or out-of-pocket payment by the county.
Bulloch County approved a contingent-fee retainer agreement May 20 with a coalition of law firms to pursue claims in multidistrict litigation alleging price fixing by pharmacy benefit managers and drug manufacturers related to insulin and related diabetes drugs.
County Attorney Jeff Akins presented the proposed agreement with Broxtet/Mandelas/Federico LLC (and associated firms listed in the agenda materials) to represent the county as a plaintiff seeking to recover amounts the county's self‑funded employee health plan allegedly overpaid for insulin. Akins said the agreement uses a contingency fee structure: the law firms would receive 25% of any recovery plus reimbursement of reasonable expenses from any recovery; if there is no recovery, the county would pay no contingency fee.
Akins said staff time demands are expected to be modest — an estimated 20–40 hours of staff support — and much of the necessary claims information may be discoverable from pharmacy benefit managers. He noted the litigation could seek treble damages under certain claims and that settlements are a likely outcome in such consolidated federal litigation.
Commissioners approved the retainer unanimously. Akins said the county broker and staff will assist in compiling contracts and plan information requested by plaintiffs' counsel.
