HomeMy WebLinkAboutRes 2022-01 Opioid Settlement with Endo and TevaCity of West University Place
Harris County, Texas
RESOLUTON NO. 2022-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST UNIVERSITY
PLACE, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE SETTLEMENT
RELEASE DOCUMENTS WITH PHARMACEUTICAL MANUFACTURERS ENDO
HEALTH SOLUTIONS INC., ENDO PHARMACEUTICALS INC., ENDO
INTERNATIONAL PLC, PAR PHARMACEUTICAL, INC., AND PAR
PHARMACEUTICAL COMPANIES, INC. ("ENDO") AND TEVA ("TEVA"), AS
ADDITIONAL SETTLING PARTIES WITHIN THE NATIONAL OPIOID
SETTLEMENT PARTICIPATION PREVIOUSLY AUTHORIZED BY THE CITY.
WHEREAS, the City of West University Place, Texas (the "City"), through Resolution No. 2021-
21, duly authorized participation in the opioid settlement and adopted the Texas Term Sheet; and
WHEREAS, pharmaceutical manufacturers Endo Health Solutions Inc., Endo Pharmaceuticals
Inc., Endo International PLC, Par Pharmaceutical, Inc., and Par Pharmaceutical Companies, Inc.
("Endo') and TEVA have now joined the proposed opioid settlement; and
WHEREAS, the City Council of the City hereby finds that there is a substantial need for
repayment of opioid -related expenditures and payment to abate opioid -related harms in and about
the City; and
WHEREAS, the City desires to execute the settlement release forms with ENDO and TEVA in
their entirety; and NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF WEST UNIVERSITY PLACE, TEXAS:
SECTION 1. THAT the statements provided in the caption and the recitals of this Resolution are
true and correct and are adopted herein for all intents and purposes.
SECTION 2. THAT the Mayor is authorized to execute the settlement release documents with
ENDO and TEVA in a timely manner.
PASSED AND APPROVED ON THE 14TH DAY OF FEBRUARY 2022.
FOR THE CITY:
USAN V. SAM E, M YOR
r
6R`_W
Thelma A. Gilliam,
1
Exhibit A
TEXAS SUBDIVISION AND SPECIAL DISTRICT
ELECTION AND RELEASE FORM
This Election and Release Form for Texas Participating Subdivisions) resolves opioid -
related Claims against Endo/Par under the terms and conditions set forth in the Endo/Par Texas
State -Wide Opioid Settlement Agreement between Endo/Par, the State of Texas, and the Counties
of Dallas, Bexar, Harris and Tarrant (the "Agreement"), the provisions of which are here
incorporated by reference in their entirety. Upon executing this Election and Release Form, a
Participating Subdivision agrees that, in exchange for the consideration described in the
Agreement, the Participating Subdivision is bound by all the terms and conditions of the
Agreement, including but not limited to the Release found in Section VII of the Agreement and
the provisions concerning participation by Subdivisions or Special Districts in Section VIII, and
the Participating Subdivision and its signatories expressly represent and warrant on behalf of
themselves that they have, or will have obtained on or before the Effective Date or on or before
the execution of this Election and Release Form if executed after the Effective Date, the authority
to settle and release, to the maximum extent of the Subdivision's and Special District's power, all
Released Claims related to Covered Conduct. If this Election and Release Form is executed on or
before the Initial Participation Date, the Participating Subdivision shall dismiss Endo/Par and all
other Released Entities with prejudice from all pending cases in which the Participating
Subdivision has asserted Covered Claims against Endo/Par or a Released Entity no later than the
Initial Participation Date. If this Election and Release Form is executed after the Initial
Participation Date, the Participating Subdivision shall dismiss Endo/Par and all other Released
' The Agreement defines a "Participating Subdivision" as a Subdivision or Special District that signs this Election
and Release Form and meets the requirements for becoming a Participating Subdivision under subsection VIIIA. of
the Agreement.
A-1
745274877.20
Entities with prejudice from all pending cases in which the Participating Subdivision has asserted
Covered Claims against Endo/Par or a Released Entity concurrently with the execution of this
form. By executing this Election and Release Form, the Participating Subdivision submits to the
jurisdiction of the Honorable Robert Schaffer, In Re: Texas Opioid Litigation, MDL No. 18-0358,
Master File No. 2018-63587, in the 152nd Judicial District Court, Harris County, Texas.
Dated: '3 4 - 2-o
Texas Sub4ivision Name: b TAy OV Oey' um veRS'i (y PLA -(—E
By: Cdyt
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Exhibit B
TEXAS SUBDIVISION AND SPECIAL DISTRICT
ELECTION AND RELEASE FORM
This Election and Release Form for Texas Participating Subdivisions resolves opioid -
related Claims against Teva under the terms and conditions set forth in the Teva Texas State -
Wide Opioid Settlement Agreement between Teva, the State of Texas, and the Counties of
Dallas, Bexar, Harris and Tarrant (the "Agreement"), the provisions of which are here
incorporated by reference in their entirety. Upon executing this Election and Release Form, a
Participating Subdivision agrees that, in exchange for the consideration described in the
Agreement, the Participating Subdivision is bound by all the terms and conditions of the
Agreement, including but not limited to the Release found in Section VII of the Agreement and
the provisions concerning participation by Subdivisions or Special Districts in Section VIII, and
the Participating Subdivision and its signatories expressly represent and warrant on behalf of
themselves that they have, or will have obtained on or before the Effective Date or on or before
the execution ofthis Election and Release Form if executed after the Effective Date, the authority
to settle and release, to the maximum extent of the Subdivision's and Special District's power,
all Released Claims related to Covered Conduct. If this Election and Release Form is executed
on or before the Initial Participation Date, the Participating Subdivision shall dismiss the
Released Claims with prejudice and sever Teva and all other Released Entities from all pending
cases in which the Participating Subdivision has asserted Covered Claims against Teva or a
Released Entity no later than the Initial Participation Date. If this Election and Release Form is
executed after the Initial Participation Date, the Participating Subdivision shall dismiss the
1 The Agreement defines a "Participating Subdivision" as a Subdivision or Special District that
signs this Election and Release Form and meets the requirements for becoming a Participating
Subdivision under subsection VIII.A. of the Agreement.
1
Released Claims with prejudice and sever Teva and all other Released Entities from all pending
cases in which the Participating Subdivision has asserted Covered Claims against Teva or a
Released Entity concurrently with the execution of this form. By executing this Election and
Release Form, the Participating Subdivision submits to the jurisdiction of the Honorable Robert
Schaffer, In Re: Texas Opioid Litigation, MDL No. 18-0358, Master File No. 2018-63587, in the
152nd Judicial District Court, Harris County, Texas.
Dated: r3l q 12-t? 27–
Texas Subdivision Name: CITY pF W FS T N/ViFRS1 ry PCAcE
By: r''a
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[TELEPHONE] -113 - b 16 2 r `"1468
[EMAIL ADDRESS] S Sa. pw a—Wesl-u..-X'3ov