Washington State Attorney General Bob Ferguson announced Tuesday he signed on to a pending resolution with Kroger that will bring in $47.5 million to combat the opioid epidemic in Washington state. Half of these resources will go to the state, and the other half will go to Washington city and county governments.
The resolution brings the Washington Attorney General’s Office’s total recoveries directed to opioid abatement funding to more than $1.29 billion, with multiple ongoing and active cases against other drug companies still pending. The office directed approximately half of these resources to local governments in Washington. Terms in the court orders require these resources to be used to combat the fentanyl and opioid crisis in Washington.
Ferguson filed a lawsuit in December 2022 in King County Superior Court against Kroger for illegally, recklessly, and negligently filling opioid orders without adequately investigating “red flags” of fraud or overprescribing. He filed lawsuits against two other pharmacies, Albertsons and Rite Aid, at the same time. The resolution will resolve Ferguson’s legal claims against Kroger.
“My legal team took on some of the largest corporations in the world and held them accountable for their role fueling the opioid epidemic,” Ferguson said. “We’ve won more than $1.2 billion that’s going to every community in the state to combat the opioid and fentanyl epidemic by improving treatment options, educating youth, and supporting first responders.”
The Kroger resolution must be approved by a sufficient number of the eligible states. Also, Washington local governments that have filed a lawsuit and those that have a population of more than 30,000 must approve the resolution before it is finalized. Pursuant to the “One Washington Memorandum of Understanding,” the 125 eligible Washington local governments will share in the proceeds if they join, as they have for every other opioid settlement.
The $47.5 million will be paid over 11 years. The first payment of $4.3 million will come within a few months of the resolution being finalized by the litigating states and local jurisdictions.
Opioid lawsuits resources fund programs to combat the opioid epidemic, educate youth, support first responders, assist tribes, and improve treatment
This year the Legislature appropriated to state agencies more than $52.3 million recovered from previous resolutions with opioid companies to fund programs that will combat the opioid epidemic. The appropriations overall included significant investments to increase access to opioid medication, assist tribal governments, support first responders, and educate youth.
This brings the Legislature’s total appropriations from Ferguson’s opioid lawsuits to more than $110 million since 2023.
Highlights from this year’s spending include:
• $2,000,000 is provided to the Department of Health to administer grants to local health jurisdictions for opioid and fentanyl awareness, prevention and education campaigns.
• $4,458,000 is provided to the Department of Corrections for health care services, with $2,700,000 specifically for approved long-term injectable medication for treatment of opioid use disorder of incarcerated individuals.
• $2,000,000 is provided to the Health Care Authority for a tribal opioid prevention campaign.
• $3,000,000 is provided to establish three additional health engagement hub pilot program sites, and $1,500,000 is provided to establish high-intensity community-based teams serving people with opioid use disorder.
• $400,000 is provided to increase support for EMS and fire department opioid overdose prevention efforts.
Successful previous outcomes include:
• $518 million from distributors McKesson, Cardinal Health and AmerisourceBergen.
• $183 million from manufacturer Purdue Pharma and the Sackler family bankruptcy.
• $149.5 million from Johnson & Johnson.
• $120.3 million from Walgreens.
• $110.6 million from CVS.
• $90.7 million from Teva Pharmaceuticals.
• $62.6 million from Walmart.
• $50 million from Allergan.
• $13.5 million from McKinsey, a consulting firm that advised Purdue Pharma.
• $7.9 million from Publicis Health.
• $7.7 million from the Mallinckrodt bankruptcy.
The Attorney General’s office has rejected national settlements with five corporations, netting Washington more than $180 million for resources that will improve treatment options, funds for first responders, and provide other proven strategies to address the epidemic.
In 2022, the office reached a resolution, pending bankruptcy court approval, requiring Purdue Pharma to pay $183 million to Washington—$113 million more than the national deal. Also in 2022, Ferguson’s case against the three largest opioid distributors— McKesson Corp., Cardinal Health Inc., and AmerisourceBergen Drug Corp.—led to a $518 million resolution. That was $46 million more for funding to combat the opioid epidemic than the national settlement promised. Ferguson’s recent settlement with Johnson & Johnson was $24 million more for opioid abatement funding than the national settlement offer he rejected.
