>> 2013, IS WHEN WE RAN OUR FIRST WEEK LONG SERIES ON
ADDICTION.
THAT STARTED BECAUSE WE WERE LOOKING AT SOMETHING AS
INNOCUOUS AS POLICE LOGS AND NOTICING DISCARDED NEEDLES
MENTIONED IN THE POLICE LOGS, WHETHER IT'S CONVENIENCE STORE
BATHROOMS OR ON THE SIDEWALKS.
>> NEEDLES ARE OFTEN USED AS A WAY TO INJECT THE DRUGS.
>> ABSOLUTELY.
AN INJECTION PROBLEM.
PEOPLE USING HEROIN AND INJECTING WERE DISCARDING THEIR
NEEDLES.
>> ATTORNEY THOMAS MERRIGAN, GREENFIELD IS AMONG 30
COMMUNITIES IN THE CITY.
YOU HAVE VERBAL AGREEMENTS WITH 30 MORE.
THE LITIGATION ATTORNEYS FORMED AS A RESULT OF THIS.
I NOTICED THAT YOU ARE SEEKING DAMAGES NOT ONLY FOR WHAT'S
HAPPENED IN THE PAST BUT FOR FUTURE.
WHY THAT APPROACH?
>> THE PAST DAMAGES RECOGNIZE THAT CURRENTLY GREENFIELD AND
OTHER PLAINTIFFS ARE SPENDING MONEY ON LAW ENFORCEMENT, ON
EMERGENCY SERVICES, ON SOCIAL SERVICES, EDUCATION SERVICES.
THOSE ARE PAST DAMAGES.
BUT THE THEORY IS THAT THE MISCONDUCT, SERIOUS MISCONDUCT
OF MANUFACTURES AND DISTRIBUTORS CREATED AN EPIDEMIC THAT EQUATES
WITH A NUISANCE, WHICH IS A CAUSE OF ACTION IN THE LAW.
SO ONE OF THE THEORIES OF THE CASES THAT WE ARE SEEKING
DAMAGES FOR NUISANCE.
NUISANCE DAMAGES ARE ABATEMENT DAMAGES.
SO WE ARE LOOKING FOR FUNDS TO ABATE THE BLIGHT OF THE EPIDEMIC
IN THE COMMUNITY, WHICH MEANS WHAT WILL IT COST THE
MUNICIPALITY TO ESTABLISH TREATMENT PROGRAMS, HOUSING
PROGRAMS, RECOVERY PROGRAMS, EDUCATION PROGRAMS.
IT'S LOOKING TO UNDO THE EFFECTS OF THE OPIOID EPIDEMIC IN THE
COMMUNITY BY GETTING FUTURE FUNDING.
>> I COULD SEE PHARMACEUTICAL COMPANIES SAY THIS IS A MEDICINE
WE DEVELOP AS A TOOL FOR COMMUNITIES TO USE, IT'S NOT OUR
RESPONSIBILITY FOR HOW THAT TOOL IS USED.
>> PHARMACEUTICAL COMPANIES WERE PROVIDING MEDICATION FOR THE
COMMUNITIES, IS FINE.
AND THEY DID.
BUT THEY DIDN'T ABIDE BY THE LAW.
THE CONTROLLED SUBSTANCE ACT WAS VIOLATED.
IT'S BEEN BROUGHT BEFORE THE COURTS OVER AND OVER.
THERE'S BEEN CONFESSIONS TO THE POINT THERE'S MONETARY DAMAGES
BY THE PHARMACEUTICAL COMPANIES TO DIFFERENT PLAINTIFFS.
SO THEY DIDN'T FOLLOW THE RULES.
THAT'S THE ACCOUNTABILITY WE ARE LOOKING FOR.
YES, YOU HAVE DONE THIS, BUT YOU DIDN'T FOLLOW THE RULES, RESULTS
CAUSED OUR FAMILIES PAIN AND AGONY.
>> I THINK ABOUT TOBACCO WHEN I LOOK AT CASES BROUGHT BY
COMMUNITIES.
IS THIS SERIES OF LITIGATION MODELLED AFTER WHAT HAPPENED
WITH BIG TOBACCO?
>> IT IS AND IT ISN'T.
IT'S DIFFERENT IN A LOT OF THE TOBACCO LITIGATION WAS LED BY
INDIVIDUAL STATES.
WHAT'S DIFFERENT HERE IS THAT THE LITIGATION IS LED BY EACH
INDIVIDUAL PLAINTIFF.
THIS IS NOT A CLASS ACTION.
THIS IS AN INDIVIDUAL PLAINTIFF PER CITY OR TOWN.
THE RECOVERY THAT THEY WILL REALIZE WILL GO INTO THEIR OWN
TREASURY, WON'T PASS THROUGH THE STATE.
THEY WILL HAVE CONTROL OVER THOSE FUNDS IN ACCORDANCE WITH
THE TERMS OF THE SETTLEMENT.
>> WHY AREN'T STATES GETTING INVOLVED IN THIS?
>> THE STATES -- SOME STATES ARE.
WEST VIRGINIA WAS VERY ACTIVE.
OKLAHOMA, I THINK, IS VERY ACTIVE.
SOME OTHERS ARE.
BUT THEY DON'T HAVE THE STANDING TO BRING A CLAIM ON BEHALF OF
THE CITY OF GREENFIELD FOR THE COST TO GREENFIELD'S POLICE
DEPARTMENT FROM PICKING UP THE NEEDLES, FROM RESPONDING TO
OVERDOSES, FOR TAKING SECTION 35 APPLICATION.
THEY DON'T HAVE THE RESPONSIBILITY FOR FUNDING THE
PROGRAMS AND THE SCHOOL SYSTEM THAT MIGHT KEEP PREVENTION AND
EDUCATION TO CHILDREN.
THEY ALSO WON'T HAVE THE SAME INCENTIVE THAT GREENFIELD WILL
AS AN INDIVIDUAL PLAINTIFF TO OBTAIN FUNDING FOR FAMILIES OR
TO CREATE A RECOVERY CENTER.
SO SOME STATES ARE VERY INVOLVED AND SOME OF THE ATTORNEY
GENERALS ARE LOOKING TO TRY AND REACH A SETTLEMENT.
BUT IT'S NOT GOING TO BENEFIT A MUNICIPALITY THE WAY THIS WOULD,
WHICH IS WHAT IS DIFFERENT ABOUT THIS LITIGATION.
>> THERE'S A FEDERAL SETTLEMENT THAT WAS $35 MILLION PAYOUT.
ANY SENSE OF HOW MUCH MONEY YOU THINK THAT THIS CASE COULD
RESULT IN AND HOW LONG IT WILL TAKE FOR IT TO GO THROUGH THE
PROCESS?
>> LET ME ADDRESS THE SECOND QUESTION FIRST.
THE JUDGE WHO HAS BEEN ASSIGNED TO MANAGE THIS CASE IN THE
FEDERAL COURTS HAS -- HE WAS APPOINTED AT THE END OF NOVEMBER
AND HE'S AGGRESSIVELY PULLED THE PEOPLE TOGETHER AND SAID WE ARE
GOING TO SETTLE THIS.
HE APPOINTED SETTLEMENT TEAMS.
I THINK IT WILL HAPPEN QUITE QUICKLY.
BY THAT I MEAN IN A YEAR OR TWO.
I HAVE HEARD SOME PEOPLE SAY THIS IS A TRILLION DOLLAR CASE.
THAT'S ILLUSTRATED WITH THE FACT THERE IS BILLIONS OF DOLLARS AT
STAKE HERE FOR POTENTIAL RECOVERY.
THESE PHARMACEUTICAL AND DISTRIBUTOR COMPANIES ARE MAKING
BILLIONS AND BILLIONS AND BILLIONS OF DOLLARS.