County to hire law firm for possible opiod litigation

Hays County is hiring a law firm to consider litigation regarding the opioid epidemic and its effects.

During executive session at its meeting Tuesday, the Hays County Commissioners Court discussed the selection of outside counsel for opioid litigation. The commissioners selected Phipps Deacon Purwell, PLLC, as the firm to represent the county contingent on the successful negotiation of an engagement letter. The letter will then be brought back to the commissioners court for consideration, the motion stated.

Hays County had posted a Request for Qualifications for a law firm “to evaluate the merits of, and to the extent desired by the county, pursue litigation against opioid manufacturers, distributors and others related to the impact of opioid manufacturing, marketing, distribution, and use in Hays County.”

A lawsuit regarding the opioid epidemic and its effects on Hays County would not be the first of its kind. In 2018, the State of Texas filed a lawsuit against Purdue Pharma for violating state laws regarding deceptive trade practices and misrepresenting the risk of addiction to its painkillers. Travis County has also filed a lawsuit regarding opioid abuse. The New Yorker recently reported that states, counties, cities and other political entities have filed more than 1,500 cases against pharmaceutical companies, distributors and drugstore chains over the opioid epidemic.

According to the National Institute on Drug Abuse, in 2017 there were 53.1 opioid prescriptions per 100 people in Texas, though nationwide that number was 58.7 prescriptions per 100 people. Drug overdose deaths involving opioids have remained comparatively low in Texas — 1,458 in 2017 — but overdose deaths in Texas involving synthetic opioids and heroin increased from 2007 to 2017.