Westfield At Large City Councilor Steve Dondley. (WNG file photo)
WESTFIELD – At the end of Thursday’s City Council meeting, At-large Councilor Stephen Dondley made a motion to have the Legislative & Ordinance sub-committee “explore the possibility of taking legal action to seek damages from pharmaceutical manufacturers and distributors of opioids as a result of the impacts and burdens the opioid crisis has placed on our schools, emergency personnel, and other services provided by Westfield and funded by taxpayers.”
When presenting the motion, Dondley said he was asking L&O to seek damages. “As we all know, there’s been a huge explosion in the opioid crisis,” Dondley said, adding, “Since the federal government is doing little, it is incumbent on the state and local government to pick up the ball where the federal government has left off.” He also said there is local precedent, as the town of Greenfield recently started a lawsuit.
Ward 3 Councilor Andrew Surprise made a motion to amend to make a resolution to send to the Attorney General to do what was outlined in the original motion. “It’s not the place of the City Council,” Surprise said.
“I think it’s a good move,” said At-large Councilor Dave Flaherty. He said the class action lawsuit is already formed in Massachusetts. “Moving forward, it’s the right thing to do.” However, Flaherty suggested sending it to the Health Dept. or Law Dept. instead of L&O, questioning what they would be able to do with the motion.
Dondley said he reached out to the Mayor and City Attorney Susan Phillips, who he said didn’t have the time right now because she is dealing with the water issue. “We can do the legwork. I’m happy to do the research on behalf of L&O,” Dondley said.
At-large Councilor Dan Allie asked if Westfield’s would be a separate suit, and whether the Attorney General is one of the 41 nationally signing on. Dondley said the Attorney General is investigating the possibility of suing drug manufacturers. He said Westfield would just be exploring it, also.
Surprise withdrew his motion, agreeing to let the committee do the resolution. The original motion to send to L&O then passed the council.
According to a press release on Greenfield’s website, the town is the newest signatory to a class-action lawsuit against the three largest opioid pharmaceutical distributors (the “Big Three”), McKesson Corp., Cardinal Health, and AmerisourceBergen. Spearheaded by the leadership of Greenfield Mayor William F. Martin, the lawsuit is being filed by Levin Papantonio of Pensacola, FL and Sweeney Merrigan Law of Boston, and Greenfield, MA founded by Greenfield natives Thomas T. Merrigan, Peter M. Merrigan and J. Tucker Merrigan.
The goal of the lawsuit is to recoup local and town budget dollars spent for law enforcement, needle exchanges, Narcan, education/prevention, treatment costs (where applicable), etc., and ultimately to develop new policy and law to protect individuals and communities moving forward.
The release also states that the pharmaceutical distributors face state law liability for negligence having violated standard of care guidelines by breaching their duty to identify and report suspicious opioid orders to the DEA or other relevant state agencies.
Greenfield’s participation is being led by Mayor William F. Martin. “As the capital of Franklin County and the provider of multiple county services, from hospitals, courts, corrections facilities, and social support, the Greenfield community must intervene and act for the benefit and survival of individuals, families and the broader county,” Martin said in the release.
The Levin Papantonio firm and Sweeney Merrigan Law firm will be hosting an information session for interested Massachusetts towns and Mayors on Monday, October 23 at 3:00 p.m. at Greenfield Town Hall, 14 Court Square, Greenfield. Dondley said he planned to attend the meeting.
