2019-202
2019-202
Authorizing The Retention Of Tate Law Group, LLC And The Sultzer Law Group P.C. As
Special Counsel To Commence Litigation Against The Manufacturers, Distributors And
Possibly Certain Prescribing Physicians Of Opioid Pharmaceuticals To Recover The
Town’s Damages In Combatting And Treating Opioid Abuse
At a Regular Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October
28, 2019.
The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll
being called, the following was recorded:
Vote Record - Resolution RES-2019-202
Yes/Aye No/Nay Abstain Absent
Adopted
Richard Thurston Voter
Adopted as Amended
William H. Beale Voter
Defeated
Angela Bettina Seconder
Tabled
Christopher Phillips Voter
Withdrawn
Michael Kuzmicz Mover
The following Resolution was introduced by Councilman Kuzmicz and seconded by
Councilwoman Bettina.
WHEREAS, in 2017, the U.S. Department of Health and Human Services declared the opioid crisis
a public health emergency because there were 47,761 opioid-related overdose deaths in the United
States that year; and
WHEREAS, evidence strongly suggests that opioid manufacturers, distributors and certain
prescribing physicians have worked together to use their money and power to create a complex web
of false representations regarding the addictive nature of opioids, and misled consumers and other
physicians into believing that opioids were not addictive and were a viable option for treatment of
chronic pain; and
WHEREAS, the resulting rate of addiction to prescription and illegal opiates has been greatly
increasing in recent years, and has been commonly referred to as the “opioid epidemic”; and
WHEREAS, in 2018, 83 opioid-related deaths were reported in Dutchess County which is a death
rate from opioids of 28.2 per 100,000 of the county's population; and
WHEREAS, in 2018, there were 299 individuals seen in Dutchess County emergency rooms for
opioid overdoses and sixty-eight people were hospitalized due to an opioid overdose; and
WHEREAS, the Town of Wappinger has had increased costs for providing healthcare services and
law enforcement services to deal with the opioid epidemic; and
WHEREAS, it is the view of the Town Board that the Town of Wappinger should participate in the
multi-district litigation to recover its damages from those opioid manufacturers, distributors and
certain prescribing physicians directly contributing to the high costs to County taxpayers in the form
of increased social services, healthcare, policing and other expenditures so as to mitigate the impact
of same; and
WHEREAS, the law firms of Tate Law Group, LLC and the Sultzer Law Group P.C. have extensive
experience in pharmaceutical litigation, and they should be retained as special counsel to prosecute
such litigation on behalf of the Town;
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of hereby authorizes and
approves the commencement of civil litigation on behalf of the Town of Wappinger against the
manufacturers, distributors and certain prescribing physicians of opioid products, who have
culpability in the manufacture and promotion of such products in an unsafe manner, to recover the
Town’s damages in combatting the opioid epidemic and treating its victims; and,
BE IT FURTHER RESOLVED, that the Supervisor is hereby authorized to execute a retainer
agreement with Tate Law Group, LLC and the Sultzer Law Group P.C. to serve as special counsel
to the Town of Wappinger with respect to the initiation and prosecution of such opioid litigation on
a contingency fee basis with such amounts to be computed on the net sum recovered after
deducting allowable expenses that have been advanced by special counsel; with no monies to be paid
to special counsel for any work performed, costs incurred or disbursements made by special counsel
in the event no recovery to the Town is obtained by special counsel; and,
BE IT FURTHER RESOLVED, that the form and content of such retainer agreement shall be
subject to the approval of the Town Attorney.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED \[UNANIMOUS\]
MOVER: Michael Kuzmicz, Councilman
SECONDER: Angela Bettina, Councilwoman
AYES: Thurston, Beale, Bettina, Phillips, Kuzmicz
Dated: Wappingers Falls, New York
10/28/2019
The Resolution is hereby duly declared Adopted.
___________________________________________
JOSEPH P. PAOLONI, TOWN CLERK