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WA State Allocation Agreement of funds paid from Opioid Settlements
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WA State Allocation Agreement of funds paid from Opioid Settlements
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9/11/2025 12:15:37 PM
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9/11/2025 12:14:08 PM
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Meeting
Date
9/16/2025
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Authorizing Acceptance and County Participation in the Washington State Allocation Agreement of Funds Paid by the Purdue Bankruptcy and Certain Opioid Manufactures and Authorizing Commissioner Signature on All Required Participation Forms
Order
2
Placement
Consent Agenda
Row ID
135628
Type
Resolution
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Government Fee Fund ("GFF") shall be established that ensures that all Parties <br />that receive Opioid Funds contribute to the payment of fees and expenses incurred <br />to prosecute the claims against the Pharmaceutical Supply Chain Participants, <br />regardless of whether they are litigating or non-litigating entities. <br />2. The amount of the GFF shall be based as follows: the funds to be <br />deposited in the GFF shall be equal to 15% of the total cash value of the Opioid <br />Funds. <br />3. The maximum percentage of any contingency fee agreement <br />permitted for compensation shall be 15% of the portion of the Opioid Funds <br />allocated to the Litigating Local Government that is a party to the contingency fee <br />agreement, plus expenses attributable to that Litigating Local Government. Under <br />no circumstances may counsel collect more for its work on behalf of a Litigating <br />Local Government than it would under its contingency agreement with that <br />Litigating Local Government. <br />4. Payments from the GFF shall be overseen by a committee (the <br />"Opioid Fee and Expense Committee") consisting of one representative of the <br />following law firms: (a) Keller Rohrback L.LP.; (b) Hagens Berman Sobol <br />Shapiro LLP; (c) Goldfarb & Huck Roth Riojas, PLLC; and (d) Napoli Shkolnik <br />PLLC. The role of the Opioid Fee and Expense Committee shall be limited to <br />ensuring that the GFF is administered in accordance with this Section. <br />5. In the event that settling Pharmaceutical Supply Chain Participants <br />do not pay the fees and expenses of the Participating Local Governments directly <br />at the time settlement is achieved, payments to counsel for Participating Local <br />Governments shall be made from the GFF over not more than three years, with <br />50% paid within 12 months of the date of Settlement and 25% paid in each <br />subsequent year, or at the time the total Settlement amount is paid to the Trustee <br />by the Defendants, whichever is sooner. <br />6. Any funds remaining in the GFF in excess of: (i) the amounts <br />needed to cover Litigating Local Governments' private counsel's representation <br />agreements, and (ii) the amounts needed to cover the common benefit tax <br />discussed in Section C.8 below (if not paid directly by the Defendants in <br />connection with future settlement(s), shall revert to the Participating Local <br />Governments pro rata according to the percentages set forth in Exhibits B, to be <br />used for Approved Purposes as set forth herein and in Exhibit A. <br />7. In the event that funds in the GFF are not sufficient to pay all fees <br />and expenses owed under this Section, payments to counsel for all Litigating <br />Local Governments shall be reduced on a pro rata basis. The Litigating Local <br />Governments will not be responsible for any of these reduced amounts. <br />9
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