Woodford Fiscal Court authorizes county attorney to withdraw bid to add PBMs to opioid lawsuits

The Woodford County Fiscal Court unanimously authorized the county attorney to withdraw a request for leave to add pharmacy benefit managers, commonly known as PBMs, as defendants in the county’s ongoing opioid-related litigation.

County Attorney (unnamed in transcript) told the court the consortium of plaintiff attorneys had asked smaller political subdivisions to withdraw their motions to add PBMs because the resource demands and discovery obligations could hamper the broader litigation. The attorney said the county had to decide quickly and explained the trade-offs: staying in might increase the county’s direct involvement, including depositions and heavy discovery obligations, and could expose the county to sanctions if discovery was not produced to a judge’s satisfaction; withdrawing could preserve the county’s ability to benefit from a national settlement negotiated by larger plaintiffs while avoiding prolonged, resource-intensive litigation.

The county attorney summarized risks and benefits: adding PBMs could lead to extended litigation and potential bellwether selection requiring intensive participation, while withdrawing could result in the county receiving allocations from a national settlement even if it was no longer a named plaintiff. The attorney noted the county had already responded to open-records requests and could expect more such requests if it remained a moving party.

Esquire Gentry moved to authorize the county attorney to sign the withdrawal form; Esquire Brown seconded the motion. The judge called for a voice vote and announced the motion carried unanimously.

Court members asked questions about accountability and distribution. One magistrate said they wanted PBMs held accountable if wrongdoing was proven; the county attorney and judge replied their recommendation was intended to preserve the best chance of a larger settlement while avoiding the risk that many small governments proceeding would undermine litigation momentum.

The county attorney said he would submit the withdrawal immediately after the meeting and noted that, if settlements do not follow, the county could consider refiling later subject to statute-of-limitations risks and procedural constraints.