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Sharon McBride <br /> March 23 ,2022 <br /> Page 2 <br /> Ind. Gode §4-6-15-2(f). The new law struck this provision,so that local governments are now <br /> entitled to participate in all future opioid settlements to which the State is a party. This is significant, <br /> given that the Gity's current lawsuit includes a long list of defendants (such as retailers CVS Health, <br /> Kroger,Meijer,Wal-Mart,and Walgreens) and the City has claims in bankruptcy proceedings filed <br /> by Purdue Pharma and Mallinckrodt. The new law ensures that South Bend will benefit from any <br /> national settlement agreement the State negotiates involving any of these entities, or any other <br /> opioid defendant. <br /> The dollar sum distributable to local governments is no longer based on that entity's per capita <br /> population,but rather, is calculated upon"a weighted distribution formula." Ind. Code §4-6-15-4 (a) <br /> (2).We understand this formula involves historical data of reported opioid use disorders,overdose <br /> deaths,and amounts of opioids distributed within each local government's boundaries. <br /> Current law extends the opt-back-in deadline from September 30,2021 to July 15,2022. However, <br /> early opt-back-in is in the City's best interest because around April 27,2022 the first of about 18 <br /> installments of annual proceeds from the Distributor Settlement become distributable. <br /> I will present this resolution to the Council at its appropriate Committee meeting and at the regular <br /> Council meeting.Attorney James (Jay) Lewis,with the law firm THK Law(formerly Tuesley Hall <br /> Konopa),the City's outside counsel in this matter,may accompany me. <br /> Thank you for your consideration of this matter. <br /> Sincerely, <br /> CAI <br /> Aladean DeRose <br /> City Attorney <br /> cc:Kacey Gergely <br /> Sandra Kennedy <br /> James M.Lewis <br /> 2 <br />