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Martin County declares opioid crisis a public nuisance and votes to pursue civil litigation
Summary
The Martin County Board of Commissioners adopted a resolution declaring the opioid crisis a public nuisance and unanimously authorized the county to pursue civil litigation against manufacturers and distributors, retaining McHugh Fuller Law Group and local counsel on a contingent-fee basis.
The Martin County Board of Commissioners voted March 14 to declare the opioid crisis a public nuisance and to authorize the county to pursue civil remedies against parties it believes contributed to the local opioid epidemic.
The resolution, adopted as part of the consent agenda, cites local overdose deaths and prescription rates and says manufacturers and wholesale distributors “may have violated Federal and/or State laws and regulations that were enacted to prevent the diversion of legally produced controlled substances into the illicit market.” The board later returned to open session and unanimously approved a motion to proceed with civil suit filings and to retain McHugh Fuller Law Group, PLLC, with Ward and Smith, P.A., as local counsel, on a contingent-fee basis.
County Manager David Bone and county legal staff presented the retainer terms included in the minutes. The engagement names Michael J. Fuller Jr. as lead counsel and lists several cooperating firms. The agreement caps combined attorney fees and expenses such that there is no payment unless the county obtains a recovery; the minutes describe a contingent-fee model tied to the gross recovery and a provision that attorneys will advance litigation expenses subject to reimbursement from any recovery.
The board cited N.C. Gen. Stat. Ann. §153A-121 as authority to adopt resolutions on county affairs and described the effort as seeking reimbursement for costs the county has borne and funds necessary to abate the public health and safety impact of opioid distribution. The motion directing the suit authorized the county manager and county attorney to negotiate the contract terms as necessary.
Officials did not state a timetable for filings, the targeted defendants beyond “those legally responsible for the wrongful distribution of prescription opiates,” or an estimate of potential damages. The retainer attached to the minutes specifies fee calculations and procedural detail for division of fees among participating law firms; it also requires that any settlement or money used to abate the crisis be the source of attorney compensation, not County operating funds.
The county’s action follows earlier local meetings and a regional leadership forum on opioid abuse; the minutes record that two individuals in the Martin-Tyrrell-Washington District died of opioid overdoses in the prior year. The board’s vote was unanimous.
