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Rock County ratifies authority for county counsel to add defendants in opioid multidistrict litigation

3453207 · May 22, 2025
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Summary

The board approved a resolution confirming county counsel’s authority to add additional defendants, including OptumRx, to the county’s opioid litigation participation in MDL 2804 to guard against challenges to the county’s ability to join newly identified defendants.

The Rock County Board of Supervisors approved a resolution confirming and ratifying the authority of county corporation counsel to add additional defendants to the county’s opioid litigation, including participation in multidistrict litigation MDL 2804.

The motion, moved by Supervisor Gorman and seconded by Supervisor Wilson, passed by voice vote with no recorded opposition. County counsel explained the ratification is intended as a “belt and suspenders” step after defense filings by a pharmacy benefits manager, OptumRx, questioned whether some local governments had authority to add newly identified defendants and sought certain public records and retainer agreements.

County counsel said the county has been a plaintiff in nationwide opioid litigation and that multiple defendants have been added as discovery and investigations progressed. The resolution affirms the county’s prior authorizations and permits corporation counsel to add defendants discovered in the course of the litigation, which counsel said would remove a potential procedural challenge and protect the county’s participation.

No additional appropriation was described in the presentation; county counsel said the resolution will be provided to plaintiff’s counsel for use in litigation strategy.