Wayne weighs opioid legal actions

DAVID HULSE
Posted 1/17/18

HONESDALE, PA — The Wayne County Commissioners on January 11 were undecided about what the county’s role would be in ongoing legal actions against the makers/distributors of the opioid …

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Wayne weighs opioid legal actions

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HONESDALE, PA — The Wayne County Commissioners on January 11 were undecided about what the county’s role would be in ongoing legal actions against the makers/distributors of the opioid medications that killed 4,627 Pennsylvanians in 2016, the last year where summary figures are available.

The commissioners met on the day after Gov. Tom Wolf issued a statewide disaster declaration to enhance state response, increase access to treatment and save lives. The declaration is the first of its kind for a public health emergency in Pennsylvania.

State Attorney General Josh Shapiro earlier joined with 41 other state attorneys general around the country who are actively investigating the drug industry. Shapiro issued a statement after Wolf’s declaration stating that investigation of “the pharmaceutical industry and the opioid painkillers fueling this epidemic is ongoing and active.”

That investigation is expected to result in a class-action lawsuit seeking to recover the epidemic’s costs for Pennsylvania counties. Other counties have joined in common cause actions and some, like Wayne, are still considering the best route.

Commissioners Chair Brian Smith said that Wayne has taken no independent action regarding Wolf’s declaration. “It’s a bad, bad situation,” Smith said. Commissioner Wendell Kay, who is an attorney, noted that Shapiro has indicated that his litigation will cover PA counties. But Kay did not expect financial results any time soon. “I think, using the tobacco industry decision as a guide, we’re talking 10 years from now” before any final resolution.

“The question remains, do we strike out on our own or stick with the attorney general?” Kay said.

According to 2016 statistics from the Centers for Disease Control and Prevention, there were 37.9 overdose deaths per 100,000 persons, the third-highest rate in the U.S., behind only Ohio and West Virginia. In agenda business last week, the commissioners approved the Wayne Memorial Community Health Centers’ (WMCHC) request that the Wayne County government sponsor its application to participate in the 340B Drug Discount Program. This is a federal government program that requires drug manufacturers to provide outpatient drugs to eligible health care organizations and covered entities serving the underinsured, at significantly reduced prices.

The commissioners also agreed to terms of a 2018 Tax Anticipation Note, of a maximum of $2 million, provided by Wayne Bank at the bank’s low-bid rate of 0.79% interest; and accepted $43,975 in PA Emergency Management Agency (PEMA) funding to enhance 911 interconnectivity.

honesdale, wayne county

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