Claiborne County approves retention of counsel to pursue opioid lawsuit under Drug Dealer Liability Act

District Attorney General Jared Effler told the Claiborne County Commission on Jan. 25 that appeals in the county's opioid litigation had reached the Tennessee Supreme Court and that the court has ruled the Drug Dealer Liability Act can apply to pharmaceutical manufacturers, allowing legal claims against them.

Effler said a technical issue identified by the court requires the county to be the named plaintiff in order for the case to proceed. He recommended that Claiborne County retain him and the law firm Branstetter, Stranch & Jennings, PLLC — the firm that has represented District Attorneys General in the matter since 2017 — to move the litigation forward on the county's behalf.

County Attorney Estep advised commissioners to approve a resolution retaining Effler and Branstetter, Stranch & Jennings. Commissioner Shawn Peters moved to suspend the rules and approve retention; Commissioner Charlton Vass seconded. The roll call vote was 20 in favor, 0 against, and the resolution (Res. 2021-007) was adopted.

Tricia Hertzfield of Branstetter, Stranch & Jennings told the commission the case already has required depositions, document reviews and travel, and that additional work will be needed if Claiborne County proceeds as plaintiff. The resolution states the county “fully supports the lawsuit” and approves retaining the specified counsel to represent the county in the Drug Dealer Liability Act litigation.

The commission took no further action at the meeting on settlement terms or funding for ongoing litigation work; the resolution records only retention of counsel and the county's approval to proceed with the lawsuit as plaintiff.