The Clermont County Board of Commissioners voted Dec. 30 to accept the material terms of a proposed settlement with Kroger and related subsidiaries in national opioid litigation and authorized county representatives to execute a participation agreement if the county chooses to opt into the deal.

Jason Fountain, assistant prosecutor, told the board the settlement is part of the nationwide prescription-opioid litigation (MDL No. 2804). Fountain said the county had earlier declined to opt into the settlement while awaiting further negotiations on certain terms; subsequent discussions with litigation counsel and defense counsel produced terms counsel recommended were acceptable.

"This settlement is still, however, open," Fountain said, describing negotiation points that had been discussed previously and counsel’s recommendation to opt in at this time. After brief discussion the board voted by roll call: Commissioner Batchelor — yes; Commissioner Corcoran — yes; Commissioner Painter — yes.

Fountain said a participation agreement will be circulated for signature by the board president or another authorized official and returned to the prosecutor’s office for filing with counsel. The county did not vote on specific settlement amounts or allocation formulas during the public meeting; Fountain said material terms were presented and a participation agreement will memorialize the county’s acceptance of those terms.