101419 Opioid Litigation
Closed Session – October 14, 2019
Special Meeting
The Randolph County Board of Commissioners met in a special meeting at 3:00 p.m. in the
Randolph County Emergency Services building located at 760 New Century Drive, Asheboro,
North Carolina, for the purpose of discussing the National Prescription Opiate Litigation multi-
district litigation with retained attorneys. Chairman Darrell Frye, Vice-Chairman David Allen,
Commissioner Maxton McDowell, and Commissioner Hope Haywood were present. Also present
were County Manager Hal Johnson, Finance Officer Will Massie, Associate County Attorney
Aimee Scotton, Deputy Clerk to the Board Sarah Pack, and Clerk to the Board Dana Crisco.
Commissioner Kenny Kidd entered the meeting as the Board was going into closed session.
Closed Session
At 3:04 p.m., on motion of Allen, seconded by Haywood, the Board voted 4-0 to go into closed
session pursuant to North Carolina General Statutes Section 143-318.11.(a)(3), for the purpose of
considering and/or giving instructions to a retained attorney concerning the handling or
settlement of a judicial action, particularly the National Prescription Opiate Litigation multi-
district litigation between various municipalities and counties, including Randolph County
(plaintiffs), and various manufacturers and distributors of prescription opiates (defendants).
Chairman Frye introduced Attorney Mike Fox, Tuggle Duggins Attorneys. He in turn
introduced his colleagues Attorney Paul Coates, Pinto Coates Kyre & Bowers, PLLC; Attorney
Spencer Krantz, Tuggle Duggins Attorneys; and Attorney Ben Atwater, Atwater Law Firm. They
gave an update on the litigation against opiate manufacturers and distributors. Mr. Fox said there
are a “couple thousand” plaintiffs in this case nationwide.
Mr. Fox explained that this is not a class action suit but a multi-district litigation that would
allow each county that has filed to have their own trial. Another option is to join the “negotiating
class.” At this time there is no action required to remain in the “negotiating class.” The only
action would be to opt-out. One advantage of staying in the “negotiating class” would be the
ability of the court system to collect the money and redistribute it. Another advantage of remaining
would be the large number of plaintiffs wanting the same outcome. A judge seeing the numbers
that were impacted by opiates would look more favorably upon the plaintiffs and want the money
to go back to local entities.
After the litigation attorneys had left the session, Chairman Frye asked if any of the
Commissioners had reservations about remaining in the negotiating class with other counties
already on board. Commissioner Allen said he thought remaining in a “negotiating class” would
be beneficial because he had concerns about spending more money in an individual suit and
potentially getting no return. He also expressed apprehension about collecting damages directly.
Regular Session Resumed
At 4:12 p.m., on motion of Allen, seconded by Kidd, the Board voted unanimously to return to
regular session.
10/14/19
Adjournment
At 4:15 p.m., on motion of Allen, seconded by McDowell, the Board voted unanimously to
adjourn.
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Darrell Frye, Chairman David Allen
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Kenny Kidd Maxton McDowell
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Hope Haywood Dana Crisco, Clerk to the Board
10/14/19