Jury selection is scheduled to begin on Thursday for the damages trial in the Sullivan Baby Doe opioids lawsuit. But that might not be necessary as multiple, if not all, local governments involved as plaintiffs in the case appear to be rushing to consider a potential settlement.
Kingsport City Manager Chris McCartt confirmed to the Times News the Kingsport Board of Mayor and Aldermen “will consider a resolution regarding the opioid litigation†at its meeting on Tuesday, although that resolution had not yet been added to the agenda.
“More information regarding the matter will be available at that time,†McCartt said, after conferring with an attorney before going on the record about the issue.
The Bluff City Board of Mayor and Aldermen announced a special called meeting, set for 6 p.m. on Tuesday, with one agenda item: discussion/action on “settlement of opioids lawsuit,†presentation by Sullivan County District Attorney Barry Staubus.
That meeting announcement and agenda were faxed to the Times News at about 4:30 p.m. on Monday.
Earlier in the day:
An “emergency meeting†of the Washington County Commission to “consider settlement of a pending litigation matter†was announced. It is scheduled for 6 p.m. on Wednesday.
The Sullivan County mayor’s office announced the Sullivan County Commission’s Executive Committee will hold a public meeting “to review pending litigation†at 3:30 p.m. on Wednesday. That announcement noted the committee will exclude the public for a portion of the meeting.
State law allows local governing bodies to meet behind closed doors to discuss litigation, but votes on what action to take must be conducted in public.
On Monday evening, the Greene County Commission met in closed session prior to its regular monthly meeting. Earlier in the day, District Attorney General Dan Armstrong, 3rd Judicial District, told the Times News he intended to attend the Greene County Commission’s closed session to discuss an issue, but he wasn’t sure it would become an action-item on the agenda. Armstrong said he couldn’t stay long in Greene County because he had to be in Hamblen County later in the evening.
During the Greene County Commission’s regular meeting, under “old business,†the 16 commissioners present voted to accept the county attorney’s recommendation on a claim number, a move not listed on the agenda. There was no discussion prior to the vote and no details to identify the claim in question.
The Sullivan Baby Doe lawsuit was originally filed on June 13, 2017, by the district attorneys general of Tennessee’s First, Second and Third judicial districts in Sullivan County Circuit Court in Kingsport.
The complaint originally listed prescription opioid manufacturer Purdue Pharma, L.P. and its related companies, along with Mallinckrodt PLC, Endo Pharmaceuticals, a pill mill doctor and other convicted opioid dealers as defendants.
As part of the national scrutiny brought to bear on opioid producers and distributors, due in part to Sullivan Baby Doe’s arguments, Purdue and Mallinckrodt have declared bankruptcy, with claims proceeding against them in related courts. Endo remains the only active corporate defendant.
In April, Sullivan County Chancellor E.G. Moody granted a default judgment in plaintiffs’ favor; imposed sanctions for defendant Endo Health Solutions Inc. and Endo Pharmaceuticals Inc.; and reserved issuing a final judgment pending the damages trial, which is scheduled to begin July 26.
After the lawsuit’s initial filing, local governments replaced the districts attorney as the official plaintiffs.
Plaintiffs are seeking $2.4 billion in compensatory damages, and punitive damages above and beyond that amount.
Unless a settlement agreement is reached, a jury will determine the amount of damages plaintiffs will receive.
Staff writer Matthew Lane contributed to this report
