Professor Howard Erichson provides his expert opinion in a New York Times article that lays out the innovative and comprehensive approach being considered for a national opioids settlement with the pharmaceutical industry.
The benefit for municipal plaintiffs is straightforward. There is no certainty that they could recover anything on their own. Here, the funds to abate the deadly crisis would be guaranteed and delivered more swiftly than if the municipalities pursued their own cases.
To determine what each municipality would receive, the lead plaintiffs’ lawyers have created an interactive map that will immediately show each participant their expected share of any proposed settlement. The lawyers created the map using federal data pinpointing distribution of prescriptions as well as opioid overdoses and deaths nationwide.
The map is anticipated to be made public if Judge Polster approves the new proposal. A hearing is scheduled for later this month.
“I think this plan is a really clever way to get a handle on the opioid settlement negotiations,” said Howard Erichson, who teaches complex litigation at Fordham Law School and has been an outspoken critic of other large-scale agreements.
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This plan gives participants more upfront voice and opportunity for scrutiny, Mr. Erichson noted.“What’s brilliant and beautiful about this plan is that it provides an extra layer of protection against unfair settlement,” he said.