Native American tribes will receive $590 million to settle claims that three drug distributors and drug maker Johnson & Johnson fueled the opioid epidemic in Native American communities.
All of the federally recognized tribes in the United States are eligible to participate in the settlements, even if they did not sue over opioids. It's possible that there could be additional settlements between other firms and tribes.
Over 400 Native American tribes and tribal organizations accused the prescription drug companies of purposely flooding their communities with highly addictive opioids. This has led to overdose deaths and a massive increase to health care costs.
The settlement will be paid over seven years, according to documents filed in federal court on Tuesday.
Former Oklahoma U.S. District Court Judge Layn Phillips played a major role in negotiating the settlements between tribes and the three drug distributors, AmerisourceBergen, McKesson and Cardinal Health, per court filings. Those three firms agreed to pay $440 million, while Johnson & Johnson will pay $150 million.
There are 38 federally recognized Native American tribes in Oklahoma, including at least 13 that filed lawsuits against opioid makers and distributors. Among the tribes that did file lawsuits were the Cheyenne and Arapaho Tribes, based west of Oklahoma City.
The tribe explained the opioid crisis has reached all levels of society, according to court filings. The tribe then said that the financial settlement would “initiate the long path of recovery for its peoples, community and future.”
Attorneys for the Cheyenne and Arapaho Tribes were not available to speak about the settlement Tuesday, according to USA Today.
The Cherokee Nation in northeast Oklahoma had said that in 2015 there were so many opioids among their 14-county reservation, amounting to 107 pills for every adult resident, court documents say.
The Cherokee Nation had previously reached a separate settlement for $75 million with the three drug distributors. The tribe said in a statement that it will receive $18 million from Johnson & Johnson's portion of the settlement announced on Tuesday.
Cherokee Principal Chief Chuck Hoskin Jr. hoped to use the money from the settlement to increase mental health care, among other services.
There was a setback in November when the Oklahoma Supreme Court overturned the state’s $465 million verdict against Johnson & Johnson.
The drug distributors are currently working on a settlement deal with states, with a deadline to opt in by Jan. 26. 43 states have signed on, but it's unclear if Oklahoma is one of those states.
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