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File #: 23-1123A    Version: 1
Type: County Attorney Item Status: Passed
File created: 7/10/2023 Department: County Attorney
On agenda: 8/1/2023 Final action: 8/1/2023
Title: Selection of law firm(s) to provide Special Counsel Services relating to litigation regarding insulin pricing and approval and authorization to initiate litigation.
Attachments: 1. FE_Engagement Agreement with Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A., 2. Engagement Agreement with Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A.

Subject:

Title

Selection of law firm(s) to provide Special Counsel Services relating to litigation regarding insulin pricing and approval and authorization to initiate litigation.

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Recommended Action:

Recommended Action

Selection of Special Counsel and approval and authorization for Special Counsel to initiate litigation in the case against manufacturers of insulin and certain pharmacy benefits managers relating to insulin pricing.

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Strategic Plan:

N/A

 

Summary:

Summary

During federal senate hearings, it came to light that approximately twenty years ago the manufacturers of insulin and pharmacy benefits managers colluded to drive up the price of insulin.  The County has, during that time, been a self-insurer of health insurance for employees, dependents, and retirees of the Unified Personnel System and, as a result, suffered the financial repercussions from these actions.

The law firm of Levin, Papantonio, Rafferty and Magazine & Light Law Group, lead counsel and local counsel, respectively, are part of the consortium representing Pinellas County in Opioid Litigation.  Members of the consortium have filed several lawsuits across the country representing self-insured counties against pharmacy benefits managers as well as the manufacturers of insulin and other diabetic drugs.  The consortium has advised that prior to litigation, insulin had risen to between $400 and $1,000 per vile, and, subsequent to litigation, was unilaterally reduced to approximately $35 per vile.

The consortium would represent Pinellas County on a contingency basis under the same terms negotiated for the Opioid Litigation.

This authorization includes bringing suit against all defendants that are or may become necessary to fully litigate this action for all civil remedies against the manufacturers of insulin and other diabetic drugs as well as appropriate pharmacy benefits managers. 

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Background Information:

N/A

 

Fiscal Impact:

Unknown.

 

Staff Member Responsible:

Jewel White, County Attorney
Christy Donovan Pemberton, Managing Assistant County Attorney

 

Partners:

Pinellas County Human Resources

 

Attachments:

Engagement Agreement with Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A.