and announces five resolutions with drug companies totaling more than $400 million for Washington state.
LINK SOURCE: WA Office
Today’s announcement brings Washington’s total recoveries to more than $1.1 billion to address the epidemic
SEATTLE — Attorney General Bob Ferguson filed a lawsuit today against Albertsons, Kroger and Rite Aid, whose pharmacy chains helped fuel Washington state’s opioid epidemic. Ferguson asserts the pharmacies served as the last line of defense in the opioid supply chain and failed in their collective responsibility to prevent the overuse of opioid prescriptions.
Ferguson also announced today resolutions with five other companies that produced or sold opioids. This will bring Washington state’s total recoveries to more than $1.1 billion for funding opioid abatement and treatment programs.
These announced resolutions are not final until certain conditions are met:
Each company will evaluate the number of states that join then decide whether to proceed with notices to local governments.
Each company will evaluate the number of litigating and non-litigating local governments in the states that join and then decide whether to finalize the agreements.
If the resolutions become final, these amount will be split between the state, county and city governments similar to Washington’s opioid distributor resolution.
“Opioids tore apart Washington families, overburdened our health care system and caused an epidemic of addiction we are still struggling to contain,” Ferguson said. “My office won a billion dollars to help fund recovery efforts, but I am not done. I will continue to hold accountable the corporations that enriched themselves off the suffering of Washington families.”
Ferguson filed the lawsuit in King County Superior Court against Albertsons, Kroger and Rite Aid. Those companies also acquired pharmacy chains like Safeway, QFC, Fred Meyer and Bartell Drugs. The lawsuit asserts they collectively ignored federal regulations, put profits over safety and knowingly oversupplied prescription opioids into Washington state. This oversupply led to a separate illegal market that flooded communities with highly addictive and dangerous drugs and local governments are still coping with the damage these pharmacies helped cause.
Pharmacies, the lawsuit asserts, serve as a final barrier that prevents overprescribing controlled substances. These companies illegally, recklessly and negligently filled opioid orders without adequately investigating “red flags” of fraud or overprescribing.
This led to predictable failures.
These national companies had a wealth of data at their fingertips to monitor and dispense prescriptions in a safe manner, but they failed to give it to their own pharmacists. The companies tied their pharmacists’ pay to how fast they filled prescriptions, hindering their pharmacists from doing their job and checking that a prescription was safe for that customer.
All three corporations have a history of filling prescriptions that came from medical providers whose prescribing license was suspended or revoked. All three corporations also previously paid penalties for violating federal rules regarding opioids. For instance, Bartell Drugs paid an $800,000 fine in 2020 for allegations it filled prescriptions from medical providers whose licenses had been suspended or restricted at least 400 times.
Ferguson asserts the pharmacies’ conduct was an unfair business practice that violated the state Consumer Protection Act. He also asserts their conduct violated the state’s public nuisance law by contributing to the opioid crisis in communities across the state. The lawsuit asks the court to award penalties of $7,500 for each violation of the Consumer Protection Act and take injunctive actions to prevent further damage to communities. Ferguson expects this could total hundreds of millions of dollars or more.
Assistant Attorneys General Kelsey Endres, Jonathan Guss, Susan Llorens and Martha Rodriguez-Lopez; paralegals Morgan Mills, Alicia Stensland, Kristina Clarke, Kellie Tappan and Robbyn Ramirez; and legal assistants Katy VanDeWalker, Tally Locke and Jennifer Wood from the Complex Litigation Division are handling the case for Washington.
Washington state signs new resolutions with other pharmacies, opioid producers
Ferguson also recently signed multistate resolutions with five other companies, which the Attorney General’s Office estimates could total:
CVS: $110.6 million to Washington state over 10 years;
Walgreens: $120.3 million to Washington state over 15 years;
Walmart: $62.6 million to Washington state and 97% of that paid in the first year;
Teva: $90.7 million to Washington state over the next 13 years; and
Allergan: $50 million to Washington state over the next seven years.
As part of the resolutions, CVS, Walgreens and Walmart will tightly monitor opioid prescriptions and prevent patients from seeking multiple prescriptions.
The estimated $434.4 million in resolutions from these companies as well as others like Purdue, McKinsey, Mallinckrodt and the three major opioid distributors will bring Washington state’s overall total to more than $1.1 billion to help fund the state’s opioid abatement and recovery programs.
In October, all 125 eligible local governments signed onto the $518 million resolution stemming from Ferguson’s earlier lawsuits against opioid distributors. Similarly, local governments will also need to sign onto these new resolutions to accept half of the funds from the CVS, Walgreens, Walmart, Teva and Allergan resolutions. The sign-on process is expected to begin in early 2023. The other half of the funds will go to the state to fund opioid remediation.
All of the funds are restricted for use with opioid remediation programs consistent with the state Opioid Response Plan. Recoveries can be used to address the Fentanyl epidemic.
Approved strategies include:
Improving and expanding treatment for opioid use disorder;
Supporting individuals in treatment and recovery, including providing comprehensive wrap-around services to individuals with opioid use disorder, including housing, transportation, education, job placement, job training or childcare;
Addressing the needs of pregnant women and their families, including those with babies with neonatal disorder;
Preventing opioid misuse, overprescribing and overdoses through, among other strategies, school-based and youth-focused programs, public education campaigns, increased availability and distribution of naloxone and other drugs that treat overdoses, additional training and enhancements to the prescription drug monitoring program; and
Supporting first responders.
Lawsuit still pending against Johnson & Johnson
A January 2020 lawsuit Ferguson filed against Johnson & Johnson, one of the largest suppliers of the raw materials used to produce opioid pain medications, is currently on hold. An appellate court is reviewing, at Ferguson’s request, Johnson & Johnson’s attempt during discovery to gather medical information from millions of Washington residents that is protected from disclosure and irrelevant to the case. The trial is likely to be rescheduled in 2023.
Ferguson asserts Johnson & Johnson, along with several of its subsidiaries, fueled the opioid epidemic in Washington state by embarking on a massive deceptive marketing campaign and convincing doctors and the public that their drugs are effective for treating chronic pain and have a low risk of addiction, contrary to overwhelming evidence. Johnson & Johnson deceptively marketed the long-term use of opioids at high doses without documented evidence of their effectiveness, ignoring the well-documented risks of its drugs.
That lawsuit is also filed in King County Superior Court.
Key facts from the opioid crisis in Washington state
The following are some key facts about the opioid crisis included in the lawsuit against the pharmacies:
Between 2006 and 2021, opioid overdoses killed more than 12,000 Washingtonians, more than either car accidents or firearms.
In 2011 alone, 112 million daily doses of prescription opioids were pumped into Washington — enough for a 16-day supply for every woman, man and child in the state.
In 2015, eight Washington counties had more opioid prescriptions than residents.
In 2021, an average of four or more Washingtonians died each day from opioid overdoses.
Approximately 80% of heroin users report using prescription opioids before beginning heroin use.
Overdose deaths involving synthetic opioids, such as fentanyl, doubled statewide from 2019 to 2020, then almost doubled again from 2020 to 2021. The numbers continue to rise, with the number of deaths in King County in the first three quarters of 2022 alone already exceeding the total deaths from overdoses in 2021.
IN OTHER STATE NEWS HEADLINES...
State disciplines health care providers.
Jefferson County
In November 2022 the Veterinary Board of Governors charged veterinary technician Sara Ruth Penhallegon (AT60337137) with unprofessional conduct. Penhallegon allegedly practiced outside the scope of a veterinary technician, by anesthetizing a dog patient without direct supervision or when it was an emergency, and by sedating a dog patient without indirect supervision.--DOH
JAPANESE BEETLE QUARANTINE BOUNDARIES EXPANDED BY EMERGENCY RULE
OLYMPIA – The Japanese beetle eradication project leaders confirmed Japanese beetles have spread beyond the initial quarantine area adopted earlier this year.--WSDA
Ecology completes environmental review for proposed Goldendale Energy Storage Project--DOE
(2) NEWS FROM CONGRESSIONAL DELEGATION to DC
Skamania County to Gain More Than 23 Acres of Federal Land for Economic Development.
SOURCE LINK: SEN. CANTWELL OFFICE
WASHINGTON, D.C. – Today, a bipartisan trio of Washington lawmakers – U.S. Senator Maria Cantwell (D-WA), U.S. Representative Jaime Herrera Beutler (WA-03), and U.S. Representative-elect Marie Gluesenkamp Perez (WA-03) – announced that 23.4 acres of the Wind River Administrative Site will transfer ownership from the U.S. Forest Service to Skamania County for economic development projects in rural Southwest Washington.
Rep. Herrera Beutler’s bill, H.R. 5093, the Wind River Administrative Site Conveyance Act, was included in the in the Fiscal Year 2023 Omnibus Appropriations bill, which funds government programs through September 30, 2023.
The Wind River Administrative Site is located in the Gifford Pinchot National Forest. In 2000, Congress passed legislation that allowed the Forest Service to transfer ownership of 187 acres of the nursey site, which included nursery fields and buildings, to Skamania County. The conveyance of the remaining 23.4 acres of the Wind River Nursery will allow Skamania County to take ownership of nearly the entire site. The U.S. Forest Service supports the land transfer as it no longer has a use for the site, and the legislation protects access to the Pacific Crest National Scenic Trail.
Skamania County has already invested nearly $200,000 into rehabilitation efforts and maintenance of the facilities covered under the conveyance and is committing to an estimated $800,000 in additional restoration efforts to prepare the site for economic development activities.
Currently, Skamania County relies on just 1.8% of taxable land to generate revenue for public services. Once the land is conveyed, the redevelopment projects planned by the county will bring in an estimated $600,000 annually, boosting its revenue to fund critical public services.
“This bill is big win for Skamania County. Transferring a little over 23 acres from the Forest Service to the County will increase the County’s land base and open doors to economic development and recreational opportunities that will create more jobs in Skamania County and Southwest Washington,” Sen. Cantwell said. “I want to thank Representative Herrera Beutler for her steadfast support of this bill.”
“It’s been more than six years coming, but my Wind River Conveyance Act – a bill to transfer ownership of 23 acres of land out of federal control and over to Skamania County – is likely to head to the president’s desk before year’s end. So much of Skamania County’s land is locked away under federal control, and it’s contributed to the budgetary shortfalls impacting schools and even basic services in that community. This win-win agreement I first helped broker in 2016 moves the needle the other way; it puts land back with the county to use for economic and recreational opportunities. It’s supported by the county, by the Forest Service, and now with the strong support of Senator Cantwell, it’s heading across the finish line. This is a nice win for a corner of Southwest Washington that needs more wins, and I’m grateful for the efforts of so many -- including Commissioners Hamlin and Lannen -- to serve the Skamania County community in this way,” Rep. Herrera Beutler said.
“As a Skamania County resident, I know firsthand that our county is missing out on much-needed revenue to support our communities, and conveying this land from the federal government to the county will make sure we’re getting the investments we need and deserve,” said Rep.-elect Gluesenkamp Perez. “I want to thank Rep. Herrera Beutler, a longtime leader on this issue, and Senator Cantwell for working with me to help get this legislation across the finish line for Skamania County. I’m looking forward to passing more bipartisan legislation as Southwest Washington’s independent voice in Congress.”
Rep. Herrera Beutler introduced the Wind River Administrative Site Conveyance Act and passed it out of the U.S. House of Representatives earlier this year. Sen. Cantwell worked with her colleagues at the Senate Committee on Energy and Natural Resources to get the bill included as part of a small package of public lands bills included in the Omnibus. Rep.-elect Gluesenkamp Perez, a Skamania County resident, advocated for the bill’s passage before the end of the 117th Congress.
“The bipartisan partnership between Senator Maria Cantwell, Congresswoman Jaime Herrera Beutler and Congresswoman-elect Marie Gluesenkamp Perez to ultimately pass the Wind River Site Conveyance Act serves as example to the positive influence our policymakers can have on the communities they represent when they work together to find commonsense solutions,” said Skamania County Commissioner Tom Lannen. “For Skamania County, the passage of this legislation gives our community the opportunity to continue to strengthen our fragile economy.”
IN OTHER CONGRESSIONAL NEWS...
(3) WORLD & NATIONAL HEADLINES:
Security Council Highlights Sanctions in Tackling Haitian Gangs, but Underscores Need for Dialogue, Effective Police, in Resolving Country’s Crises--UN PRESS REALEASE
Haiti is facing the worst human rights and humanitarian emergency in decades, a senior United Nations official told the Security Council today, stressing the urgent need for international support and solidarity to address its multifaceted crises.
Amina Mohammed, United Nations Deputy Secretary-General, said efforts to engage in dialogue have failed to create consensus on a way forward. Gang violence has paralysed the country, obstructed the freedom of movement of people, goods and humanitarian aid, fuelled the resurgence of cholera, increased food insecurity to unimaginable levels, displaced 155,000 people and disrupted the education of thousands of children.
Harrowing accounts in the report issued by the United Nations Integrated Office in Haiti (BINUH) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) are a call for action and accountability, she stressed. As such, the Organization will continue to provide a voice for women and girls living in communities controlled by gangs, work to reduce their vulnerability to violence and call for justice and accountability for perpetrators of these heinous crimes. “It is time to step up and turn the crisis into an opportunity for Haiti to bounce back stronger,” she stressed.
Updating the 15-member organ on the latest political, security and human rights developments, Helen La Lime, Special Representative of the Secretary-General for Haiti and Head of BINUH, said that bilateral sanctions pursuant to Council resolution 2653 (2022) appeared to generate a renewed sense of urgency to restore democratically elected institutions. As a critical tool in combating corruption and impunity, sanctions will be most effective as part of a comprehensive approach, which includes ongoing political dialogue and enhanced operational security support to the Haitian National Police, she underscored, emphasizing that “Haitians deserve no less”.
Michel Xavier Biang (Gabon), speaking in his capacity as Chair of the Security Council Committee established pursuant to resolution 2653 (2022) concerning Haiti, delivered an overview of the Committee’s activities, including the nomination of four candidates for the Panel of Experts established by that resolution. Nominations by the Secretary-General are expected at the end of the month, after which the Panel will conduct consultations with relevant stakeholders and submit a report by 15 March 2023.
Sharing his experiences from reporting on Haiti for the past 48 years, Kim Ives, Editor, Haiti Liberté, said the situation stems from a history of international law being violated and principles of peace and self-determination trampled. Some 16 million Haitian people, both in the country and abroad, are almost universally opposed to more United Nations interventions, except for Haiti’s tiny bourgeoisie. The Council has been given half-truths and has lumped together the “good guys” with the “bad guys” in one basket called “gangs”, he continued. The situation in Haiti cannot be resolved through foreign intervention, military force or even sanctions, he said.
In the ensuing debate, Member States highlighted the need to address the multifaceted nature of Haiti’s political, economic, humanitarian and security crisis, offering suggestions or articulating differing views on the sanctions regime.
The circumstances that pushed the Government to require the assistance of a specialized international force have not changed, Haiti’s Minister for Foreign Affairs stressed. It is urgent that friends of Haiti provide robust assistance to help the national police put an end to gangs. The Council’s unanimous decision to sanction certain major actors who have been fuelling political instability should help enable inter-Haitian dialogue, facilitate a national compromise leading to elections in 2023 and prevent injection of dirty money into the electoral process, he said.
Sanctioning gang leaders and their sponsors, however, is not enough for security and stability, as the Council must also address the immediate challenge of the Haitian National Police, the representative for Ghana noted. The international community must support and empower Haitian efforts to improve the security situation, his colleague from the United Kingdom added.
While there are no ready-made recipes to resolve the crisis, there must be a more thorough approach to sanctions, as the unilateral measures of the United States and Canada do not represent the will of the international community, the Russian Federation’s delegate emphasized.
The root cause of Haiti’s crisis is a governance deficit, the outcome of an outrageous history of economic punishment for that country’s revolution against slavery and colonialism, Kenya’s representative pointed out. “We have listened keenly to Haitians and the Haiti they want”, he said as he highlighted the need for the Council to consider including key African and Caribbean contributions.
Solidarity in such a situation is a moral obligation, the speaker for Gabon underscored, adding that: “When fire burns down your neighbour’s home, there’s no use closing your doors or windows. The haunting stench of the smoke from the ruins of the neighbour’s house remains.” Countries must cooperate in implementing Council resolution 2653 (2022), as “every day without acting is a day of distress and murder there”, he stressed.
The Minister for Foreign Affairs of the Dominican Republic also spoke.( see full details on link source)
IN OTHER WORLD NEWS HEADLINES...
Remarks at a UN Security Council Briefing on Haiti--USUN
Secretary Antony J. Blinken at a Press Availability.
"n the first year of our administration, we focused on rebuilding and revitalizing America’s alliances and partnerships, weaving them together as well in new coalitions of common purpose. As you all saw, we reinvigorated our engagement with NATO, with the European Union, the United Nations, the G7, ASEAN, the OECD. We elevated and strengthened the Quad. We created AUKUS, the U.S.-EU Trade and Technology Council, among many other groupings." ---US STATE DEPT.
Biden Signs National Defense Authorization Act into Law--DOD
NATIONAL HEADLINE NEWS.
Biden-Harris Administration Announces Historic Investment to Electrify U.S. Postal Service Fleet--WH
Today, the U.S. Postal Service (USPS) announced an historic, $9.6 billion investment over the next five years to electrify its delivery fleet. The USPS investment includes electrifying 75% of its new purpose-built Next Generation Delivery Vehicles (NGDV) and a commitment to acquire 100% electric NGDVs starting in 2026. This $9.6 billion investment – which includes $3 billion in funding from the Inflation Reduction Act – installs modern charging infrastructure at hundreds of USPS facilities, electrifies 66,000 delivery vehicles, and modernizes mail delivery by creating a smarter network to more efficiently reach its 163 million delivery locations across the country and further strengthen the sustainability of this critical public service.
Earlier this year, President Biden signed the Inflation Reduction Act to help bring down everyday costs – including costs for energy. The Inflation Reduction Act’s once-in-a-generation investment in America’s infrastructure delivers the most significant action ever to tackle the climate crisis and strengthen U.S. energy security, including $3 billion to modernize the USPS delivery fleet. The USPS actions announced today sustain reliable mail service to Americans while modernizing the fleet, reducing operating costs, increasing clean air in our neighborhoods, creating jobs, and improving public health.
President Biden’s ambitious goal for 50% of new vehicles sold in 2030 to be electric has accelerated investments and jumpstarted the EV market in America. Since President Biden took office, U.S. electric vehicle sales tripled and are now higher than ever before. One year ago, through the President’s Executive Order on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability, the Biden-Harris Administration released the most ambitious sustainability plan ever, establishing a goal for 100% acquisition of zero emission light-duty vehicles by 2027 and medium- and heavy-duty vehicles by 2035.
With today’s announcement, USPS will exceed President Biden’s requirement for each agency to electrify its Federal fleet. Over the next five years, the Postal Service will purchase 45,000 specialized USPS NGDV electric vehicles and 21,000 commercial off-the-shelf electric vehicles.
“We commend the U.S. Postal Service,” said John Podesta, Senior Advisor to the President. “The USPS plan leverages the $3 billion provided by the Inflation Reduction Act to hit the target of 100% electric delivery vehicle purchases in 2026, sets the postal fleet on a course for electrification, significantly reduces vehicles miles traveled in the network, and places USPS at the forefront of the clean transportation revolution.”
The U.S. government operates the largest vehicle fleet in the world, and USPS is the largest vehicle fleet in the Federal government. Through today’s action, USPS sets the bar for the rest of the Federal government, and, importantly, the rest of the world.
In the bold modernization plan unveiled today, the USPS invests the full $3 billion in Inflation Reduction Act funds to increase ambition and pace in electrifying its fleet, including $1.3 billion for electric delivery vehicles and $1.7 billion for charging infrastructure. Coupled with $6.6 billion in USPS funds, the overall $9.6 billion, 100,000-vehicle modernization plan results in 66,000 electric delivery vehicles and tens of thousands of charging stations through 2028, and a target of acquiring only electric delivery vehicles after 2026.
“The U.S. Postal Service plan sets the pace for other leading public and private sector fleets. It is clear that the future of transportation is electric – and that future is here,” said Council on Environmental Quality Chair Brenda Mallory. “As electric mail trucks hit routes across the country, neighborhoods will see cleaner air, better health, and good-paying clean energy jobs.”
“Moving packages from point A to point B in a way that’s cleaner, more cost-effective, and accelerating toward an electric vehicle future stamped ‘Made in America,” said the President’s National Climate Adviser Ali Zaidi. “This is the Biden climate strategy on wheels, and the U.S. Postal Service delivering for the American people.”
With this announcement, USPS demonstrates how it is leading by example for the Federal Government in achieving President Biden’s charge to electrify the U.S. Government’s 650,000 vehicles.
IN OTHER NATIONAL NEWS...
Justice Department Secures Agreement with Ohio State Agency to End Disability Discrimination.--DOJ
FDA Approves New HIV Drug for Adults with Limited Treatment Options--FDA
HUD, VA AWARD $25.4 MILLION TO PROVIDE HOUSING ASSISTANCE FOR VETERANS EXPERIENCING HOMELESSNESS
Awards build on investments that resulted in 11% decline in Veterans homelessness from 2020 to 2022--HUD
(4) BUSINESS HEADLINES
$75 Million in Small Business and Nonprofit Grants Begin to Arrive: Working Washington Grants – Round 5 and Convention Center Grants Provide Much Needed Relief--WA Commerce Dept.
Olympia, WA – The holiday season will be slightly brighter for thousands of Washington small businesses and nonprofits as $75 million in pandemic relief grants start to arrive. Managed by the Washington State Department of Commerce with support from the Washington State Arts Commission (ArtsWA), the Working Washington Grants: Round 5 and Convention Center grants were made possible by the State Legislature.
While both grant programs are still actively distributing funds to awardees, Washingtonians from every corner of the state have started to receive their grant awards. For Ben Grogan, co-founder of Sage Brewing in Pasco, Washington, these funds are the light at the end of a very long tunnel.
“COVID has been devastating to the bar and restaurant industry in general, and catastrophic to Sage Brewing as a brand new small business,” said Grogan. “Even now, almost three years after the beginning of the pandemic, our industry is struggling. Every dollar helps, and we are so thankful for the Working Washington Grants: Round 5 program for ensuring that we have the funding to continue to operate as the world slowly returns to normal.”
Approximately $45 million of the Working Washington Grants: Round 5 program is set aside for the arts, heritage and science sectors. The pandemic hit businesses and nonprofits in this sector particularly hard, as they were often the first to close and the last to reopen their doors.
“From stage actors to software developers, creative professionals draw visitors and drive innovation across the state,” said Karen Hanan, executive director of ArtsWA. “Washington’s creative sector is still reeling from the impact of COVID-19. We’re honored to work with Commerce to make this funding happen. It is our sincere hope that these businesses feel renewed confidence in doing what they do best: Enriching our communities and exciting our collective imagination.”
For Kate Peterson, Director of the Get Lit! program in Cheney, Washington, this funding will help them celebrate a 25 years of literary programming in their community.
“We build the Get Lit! Festival budget from scratch each year,” said Peterson, “and this funding not only helped us overcome struggles we faced—and continue to face—as a result of the pandemic, but it also helps us to present an exciting festival this April to celebrate our program’s 25th anniversary! We’re so thankful that this funding has helped us to reach this incredible milestone.”
For the Department of Commerce, the lead state agency charged with enhancing and promoting sustainable community and economic vitality in Washington, these positive outcomes are central to their work statewide.
“As 2022 comes to a close, it’s inspiring to see this round of Working Washington grants provide much-needed relief statewide,” said Department of Commerce Director Lisa Brown. “While the worst of the pandemic is behind us, many small businesses and nonprofits were disproportionately impacted and are still struggling to recover. Our hope is that this round of Working Washington and Convention Center grants will help stabilize our cultural community, building a vibrant Washington State in 2023 and beyond.”
IN OTHER BUSINESS HEADLINES...
USDA Invests $9.5M to Develop New Bioproducts from Agricultural Commodities.
(5) LOCAL MEETINGS
CLALLAM COUNTY MEETINGS:
Clallam County work session for 12/27/22
https://www.clallamcountywa.gov/AgendaCenter/ViewFile/Agenda/_12272022-511
Clallam County Commission meeting for 12/27/22
https://www.clallamcountywa.gov/AgendaCenter/ViewFile/Agenda/_12272022-512
Meeting Scheduled..
A Regular Meeting of the Forks City Council will be held online December 27, 2022 at 7:30 pm.
(No agenda was posted on webpage)
https://forkswashington.org/document-category/council-agendas/
