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Green County joins class-action suit against opioid manufacturers
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MONROE - The Green County Board of Supervisors at its monthly meeting Tuesday passed a resolution to join a class-action lawsuit against opioid manufacturers.

Supervisors debated whether or not to join the Wisconsin Counties Association in its possible upcoming lawsuit. The measure to join passed 26-3. Marathon, Eau Claire, Jefferson, Sauk and Oneida counties have all joined the suit that could be filed by the end of the year.

"They would like to file in October or November," Green County Corporate Counsel Brian Bucholtz said before the vote, referencing a conference call with other corporate counsels around the state. "They said that if we file first, the state cannot preempt us. Since that telephone conference, there has been some discussion on the corp counsel that it might not actually be the case. That might not be true, but as of right now the lawyers are pretty certain that once we file, if we file quickly, then the state can't take over."

According to the Wisconsin Counties Association, the lawsuit is at no cost to the county - but if litigation proves opioid manufacturers' guilt in the current opioid epidemic, the county could get reimbursed for costs associated with handling the crisis. Those costs can come from social services, the coroner's office or police and sheriff. Bucholtz said that according to the coroner, there have been eight deaths associated with opioid overdoses since 2013 at a cost to the county of $2,400 per death.

Another question is on how recovered assets would be distributed among the counties.

"They are going to look at how much each county has been affected by the opioid crisis," Bucholtz told the board. "They are not going to look at the population of each county, but rather, how affected were we by it than Waukesha County?"

As Bucholtz relayed from the corporate counsel call, out-of-state lawyers pushed for litigation because the state of Wisconsin is also considering filing its own lawsuit on behalf of all counties and cities within the state. If Green County has not already filed its own lawsuit, it would be too late after the conclusion of the state suit.

Supervisor Beth Luchsinger of New Glarus added, "With the tobacco lawsuits (in the 1990s) the state kept the money. It didn't trickle down."

Green County Sheriff Mark Rohloff expressed concern on accurate documentation needed. He said things like death investigations, incarcerations and treatment programs aren't segregated, making them difficult to track.

"If the parameters are better stated, then perhaps I would be able to give a more qualified answer for that," Rohloff said.

Bucholtz said recovery of funds from a successful lawsuit likely wouldn't be seen for at least 3 years.

Luchsinger saw the lawsuit as something much deeper than just dollars and time.

"I don't think we can not go with something like this just because it might take some elbow grease and some county dollars. If we as a society don't get a handle on this and put our best foot forward, things are only going to get worse," Luchsinger said. "If this keeps going - if this epidemic keeps going - then sometime we're going to have to collect this data anyway. I think we have to be diligent for the citizens of this county."