Florida Settles Opioid-Related Claims With Walmart: On October 20, 2022, Florida’s Attorney General announced a statewide agreement with Walmart to dispense naloxone to first responders across Florida. Walmart agreed to dispense 672,000 naloxone kits the state procured as part of an earlier agreement to law enforcement and first responders across the state. Walmart will also be paying the state of Florida $215 million in funds to fight the opioid crisis.
The Settlement Agreement And Release entered into on October 19, 2022 provides, in part: “The settlement sum is $215,000,000, consisting of (a) $187,937,062.10 to be spent on Opioid Remediation, reflecting a level of payment unique to the State of Florida based on the facts and circumstances only occurring in Florida; (b) $27,062,937.87
consisting of (i) $7,752,403.81 to be paid to the Common Benefit Fund established by the Ongoing Common Benefit Order (Dkt. #4428) in In re National Prescription Opiate Litigation, case no. 1:17-md-2804, pending in the United States District Court for the Northern District of Ohio Eastern Division (“Common Benefit Fund Payment”); and (ii) $19,310,534.06 to be divided by a subsequent agreement and disbursed as the Litigating Subdivision Litigation Cost Payment and State Cost Payment (collectively, the Litigating Subdivision Litigation Cost Payment and State Cost Payment are referred to as the “Cost Payments”) … The Opioid Remediation payment shall be divided and paid according to the State/Subdivision Agreement, except that the agreed-upon amount set forth in the agreement between the State and Walmart relating to Walmart’s dispensing of Naloxone manufactured by Teva Pharmaceuticals Industries Ltd. (“Teva”) pursuant to the State’s settlement with Teva shall be subtracted from the total settlement sum paid by Walmart and taken from the State Sub-Fund or State Cost Payment.”
““Alleged Harms” means the alleged past, present, and future financial, societal, and related expenditures arising out of the alleged misuse and abuse of opioid products, non-exclusive examples of which are described in the documents listed on Exhibit K, including those expenditures that have allegedly arisen as a result of the physical and bodily injuries sustained by individuals suffering from opioid-related addiction, abuse, death, and other related diseases and disorders, and that have allegedly been caused by Walmart.”
“Any press release or other public statement concerning this Settlement Agreement will describe it positively and will not disparage any other Party. No Party or attorney, agent, or representative of any Party shall state or suggest that this
Settlement Agreement may be used to predict the value of any Claim or any future settlement agreement in any action or proceeding.”
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