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MARCH <strong>15</strong>, 2018 WEEKLYNEWS.NET - 978-532-5880 3<br />

<strong>Lynnfield</strong> retains Connecticut<br />

firm in opioid litigation<br />

By Adam Swift<br />

Editor<br />

The town is retaining a<br />

Connecticut law firm for a<br />

potential class action suit<br />

against opioid manufacturers<br />

and distributors.<br />

“On behalf of the board of<br />

selectmen, I began to investigate<br />

national, state, and<br />

local litigation against major<br />

opioid manufacturers in the<br />

United States,” said Town<br />

Administrator Robert Dolan.<br />

State Attorney General<br />

Maura Healey and a number<br />

of municipalities are joining in<br />

a lawsuit attempting to hold<br />

opioid pharmaceutical companies<br />

accountable for many<br />

issues, including the cost to local<br />

governments as a result of<br />

their actions, Dolan said.<br />

Selectmen approved Town<br />

Counsel Thomas Mullen recommendation<br />

that the town<br />

retain the Connecticut-based<br />

firm of Scott and Scott for a<br />

potential class action suit<br />

against the opioid pharmaceutical<br />

companies.<br />

“I’ve received a number of<br />

solicitations from law firms<br />

for the towns I represent,”<br />

said Mullen. “Frankly, I’ve<br />

been leery to get involved.<br />

First, because I am not familiar<br />

with the out-of-state<br />

law firms that control the litigation,<br />

and second, because<br />

lawyers who specialize in<br />

plaintiff class action suits are<br />

generally an unsavory crew.”<br />

But Mullen said there were<br />

several factors that lifted<br />

Stone and Stone well above<br />

the typical “unsavory crew.”<br />

He noted that Stone and<br />

Stone have worked with the<br />

Boston-based firm of Anderson<br />

& Krieger, a well-regarded<br />

firm that specializes in<br />

municipal work.<br />

Stone and Stone is representing<br />

cities in five states<br />

with pending opioid legislation,<br />

including Springfield,<br />

Worcester, and Haverhill in<br />

Massachusetts.<br />

“Their theory of the case is<br />

that manufacturers and distributors,<br />

knowing the dangers<br />

of addiction, promoted<br />

among doctors the idea of opioids<br />

as routine pain relievers<br />

rather than the extreme end of<br />

life cancer medication that it<br />

had been,” said Mullen. “This<br />

led to a crisis that our town<br />

and many others across the<br />

country are suffering from.”<br />

Tactically, Mullen said<br />

Stone and Stone wants to<br />

avoid the federal courts,<br />

where hundreds of cases<br />

have been consolidated before<br />

a single judge in Ohio<br />

who is urging a quick settlement<br />

and refusing to move<br />

the cases along.<br />

“They want to file in the<br />

state courts so they can control<br />

the litigation,” Mullen said.<br />

The offer from Stone and<br />

Stone appears to be risk free,<br />

with a pure contingent fee<br />

arrangement, said Mullen.<br />

Before<br />

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The firm would take 22.5<br />

percent of any recovery from<br />

the pharmaceutical companies<br />

as a fee. If there was not<br />

any recovery, the firm would<br />

forgive all expenses.<br />

“The worst case scenario<br />

for the town is zero, it’s not<br />

negative,” said Mullen. “I like<br />

the idea of an aggressive and<br />

active posture. I would not<br />

recommend a firm that would<br />

want to park our case in Ohio<br />

and take a cut of whatever<br />

negotiation there is without<br />

working on it.”<br />

When asked by selectmen<br />

about expectations of what the<br />

town could get through a settlement,<br />

Mullen was hesitant<br />

to throw out a dollar figure.<br />

But, he said any settlement<br />

that could potentially pay for<br />

some kind of employee in the<br />

schools working on drug and<br />

addiction issues would be a<br />

huge win for the town.<br />

Mullen said Stone and Stone<br />

would look to file a lawsuit in<br />

state court this year, possible<br />

within the next few months.<br />

“I honestly don’t see any<br />

reason that we wouldn’t want<br />

to be part of this,” said Selectman<br />

Phil Crawford. “There is<br />

only an upside for the town.”<br />

Gazebo planned for<br />

Town Common<br />

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