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Florida enters into two opioid settlement agreements totaling over $360 million

Florida has reached two separate opioid settlement agreements totaling more than $360 million with Johnson & Johnson and Endo Health Solutions, Attorney General Ashley Moody’s office announced.

The settlement with Johnson & Johnson is for nearly $300 million; the settlement with Endo Health Solutions is $65 million. Both related to their alleged involvement with the national opioid crisis and in Florida.

“The national opioid crisis is wreaking havoc on families across this country,” Moody said in a statement. The settlements were the outworking of her office’s efforts “to hold companies that helped fuel this crisis responsible for their actions,” she said, “so we can secure funds to help restore communities devastated by opioid abuse.”

The terms of the Johnson & Johnson settlement, first announced in July, requires the pharmaceutical giant to pay Florida $299 million, a portion of which will go to at least 183 cities and counties that had sued the company. They account for more than 93% of the state’s subdivision population. The agreement stems from an investigation the state conducted into whether Johnson & Johnson misled patients and doctors about the addictive nature of opioids.

Last July, the company announced it would contribute up to $5 billion toward a national opioid settlement agreement, depending on the number of state and local governments that opted into the agreement.

"We recognize the opioid crisis is a tremendously complex public health issue, and we have deep sympathy for everyone affected. This settlement will directly support state and local efforts to make meaningful progress in addressing the opioid crisis in the United States,” Michael Ullmann, EVP and general cCounsel of Johnson & Johnson, said in a statement.

The AG’s office created an online portal for local governments to sign onto the settlement agreement. Total amounts counties and municipalities receive will be finalized over the next few months and funds will be paid out over several years. A similar process will be used for the Endo agreement, Moody’s office says.

Endo Health Solutions Inc., allegedly used deceptive marketing of opioid medications by downplaying the associated risk of addiction, Moody’s office argues. The company also “allegedly failed to monitor, report and negligently shipped suspicious orders of opioid medications,” she said in a statement.

The Florida settlement “includes no admission of wrongdoing, fault or liability of any kind by Endo or its subsidiaries and resolves, among other things, claims against Endo's subsidiaries which were set for trial in Florida state court in April 2022,” Endo said in a news release. It also is “continuing to litigate opioid claims not covered by its settlements and to pursue settlements that it believes are in its best interests while remaining focused on its primary goal of achieving a global settlement. At the same time, Endo is exploring other strategic alternatives, and may seek to implement one or more of those alternatives in the event it is unable to achieve a global settlement.”

The announcements follow those of Texas, which also entered into opioid settlement agreements.

Last August, Texas Attorney General Ken Paxton announced the largest state-negotiated opioid settlement reached in U.S. history of $26 billion. The agreement was with three of the nation’s major pharmaceutical distributors, Cardinal, McKesson, and AmerisourceBergen, and with Johnson & Johnson, which manufactured and marketed the opioids. Settlement funds will go toward a range of programs to assist Texans struggling with opioid addiction.

Johnson & Johnson and its U.S.-based Janssen Pharmaceutical Companies later agreed to a $297 million opioid settlement as part of the agreement with Texas. A separate settlement agreement was later reached with Endo Pharmaceuticals, Inc. for $63 million.