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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 />
GAZEBO<br />
From Page 1<br />
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