So far Jefferson County has received more than $4 million from national settlements with companies that make and distribute prescription opioids.
Additionally, Arnold has received more than $60,000 to date.
Both entities stand to receive more in the future, as the makers and distributors of opioids, a class of medications generally prescribed for pain relief, pay out the settlements to every state following lawsuits. Those states in turn distribute the money to counties and cities.
However, County Counselor Jalesia F.M. Kuenzel said Jefferson County’s share will remain in the bank until a pending lawsuit against two firms that have not yet settled is resolved.
The county filed suit in 2018 against 49 makers and distributors of opioids, alleging that “opioids were addictive and subject to abuse, particularly when used long-term for chronic non-cancer pain. The suit also alleged that opioids should not be used except as a last resort” and that the companies had known for years “that with prolonged use, the effectiveness of opioids wanes, requiring increases in doses and markedly increasing the risk of significant side effects and addiction.”
Eventually every state and many other counties and cities across the country filed suits against the firms.
A group of attorneys general began negotiating with the companies named in the suits.
One of the largest manufacturers, Johnson and Johnson, and the three largest distributors agreed in 2021 to pay up to $26 billion over 18 years (for the distributors) and nine years (for Johnson and Johnson).
In late 2022, three pharmacy chains (Walgreens, CVS and Walmart) and two other distributors also agreed to settlements.
Other firms have joined the settlements since then.
Through the end of 2023, Missouri has received more than $100,000,000 in settlement money, with $28.5 million distributed to cities and counties.
Jefferson County had received $4,079,447 through the end of 2023.
Arnold opted in to become one of those cities to get settlement money and has received $60,421.
While Arnold was not a party to any lawsuit against the opioid defendants, it could receive payouts from the state’s share of the settlement money because its population exceeds 10,000.
“We don’t have any plans for that money yet,” said City Administrator Bryan Richison. “We have to do some research into what the proper uses for this money are, and that hasn’t been a priority yet. It’s something we’ll have to deal with at some point, and we want to make sure we spend it correctly.”
Festus, the other city in Jefferson County with more than 10,000 residents, has not yet applied to receive settlement money.
“We’re still pursuing it,” City Administrator Greg Camp said. “There’s plenty of time. We’re conferring with our attorneys to determine the best course of action.”
Camp said if and when Festus applies to receive settlement money, it hasn’t been determined how that cash will be used.
“There’s a limited number of things the funds can be used for, so trying to figure out ways to spend it before we receive it is kind of like counting your chickens before the eggs are hatched,” he said. “Once that money shows up, we’ll figure out the best way to use it.”
Under terms of the national settlement agreements, money distributed to the states (and eventually counties and cities) must be spent only on opioid treatment and prevention strategies.
The Missouri General Assembly established the Opioid Addiction Treatment and Recovery Fund to administer the state’s share of the settlement money.
The state Department of Corrections has announced that it will start a program to gauge the effectiveness of a drug that could treat substance-use and opioid-use disorders.
The state also plans to spend some of its allotment to distribute fentanyl test strips, which could reduce the chances of an accidental drug overdose, and to address painkiller use in pregnant women.
The state is poised to receive more than $900 million in settlement money over the next two decades.
While most of the defendants listed in Jefferson County’s suit are part of the national settlements, two prescription benefit management companies (Express Scripts and Optum) have not agreed to the settlement and are going to trial.
“They’re basically the middlemen between the pharmacies and the health insurance companies,” Kuenzel said.
A jury trial before Jefferson County Div. 1 Circuit Judge Joe Rathert is scheduled to begin July 8. The trial is expected to last six to eight weeks.
“Until that case is settled, it’s not prudent for us to spend any settlement money,” Kuenzel said.
The original case that was filed in 2018 eventually made its way to federal court in Ohio, where the judge who was overseeing a consolidation in the various cases sent it back to Jefferson County because it also focused on prescription management companies in addition to the manufacturers and distributors.
According to the state Department of Mental Health, which is tracking Missouri’s opioid settlement money, more than 2,100 Missouri residents died of a drug overdose in 2022, with nearly 70 percent of those deaths involving opioids.