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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 William H. Beale Voter      Defeated Angela Bettina Seconder     Tabled  Christopher Phillips Voter     Withdrawn  Michael Kuzmicz Mover     The following Resolution was introduced by Councilman Kuzmicz and seconded by Councilwoman Bettina.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