Commissioners plan to withdrawal from opioid class action lawsuit due to big information reporting requirement – not enough manpower to obtain it all

Laura Schiermeier, Staff Writer
Posted 1/31/19

MARIES COUNTY — The Maries County Commission is rethinking its commitment to be part of the class action lawsuit against opioid distribution companies and may even decide to end the …

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Commissioners plan to withdrawal from opioid class action lawsuit due to big information reporting requirement – not enough manpower to obtain it all

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MARIES COUNTY — The Maries County Commission is rethinking its commitment to be part of the class action lawsuit against opioid distribution companies and may even decide to end the county’s participation after finding out all of the information, statistics and data and attorneys want might require the county to hire a person to gather the information.

At last Thursday’s county commission meeting, County Clerk Rhonda Rodgers and Clerk’s Deputy Renee Kottwitz told the commissioners they simply do not have time to gather all of the information the attorney is asking for. Maries County’s contact in this class action lawsuit is John M. Eccher of Eccher Law Group of St. Louis. The purpose of the class action lawsuit is to seek a financial judgement against three big pharma companies because of the damage they have done to lives, families and the economy by manufacturing and selling the prescription pills the caused the opioid crisis. These companies had great financial gains because they aggressively sold pills that were addictive and ensnared millions of people with these narcotics. When Eccher met with the county commission in June of 2018, he said the incidence of opioid addition is skyrocketing nationwide and killing people daily. Eccher said there are two million people in the United States addicted currently, and 115 people die each day, a number that has surpassed the number of daily automobile accident deaths. In 2016, more people died from opioids than died in all of the years of the Viet Nam War. 

Rodgers said the attorney has asked for a large amount of information going all the way back to 2008. They want information about damages the county can claim that are due to opioid addiction. Rodgers said they want information about law enforcement costs, courts, prisons, convictions, incarcerations, public health, workers compensation, health insurance, and pharmacy benefits. They want information about health insurance claims and benefits. Western District Commissioner Ed Fagre said sharing some of the information may be a HIPA violation. 

Prosecutor’s assistant Denise Davis was at the meeting when the issue was being discussed. She said Maries County has had two opioid death issues that were prosecuted. She said in Maries County opioids are not the big drug problem as meth is more widely used. Eastern District Commissioner Doug Drewel said it is based on prosecuted cases and if the county had 50 to 100 cases a year it might be worth the trouble to gather the information, but at this point is not worth it. The county does not expect to see any or little financial gain from the class action opioid lawsuit.

Rodgers said she’s not sure the county has some of this information the attorney is asking for because the county didn’t have to keep some of this information. Also, she doesn’t think the county can hire someone to gather this information because she and Kottwitz are the only ones who would know how to go about finding it. Kottwitz said they simply do not have the manpower to collect all of the information the attorney is wanting.

Fagre said he is in favor of Maries County removing itself form the class action lawsuit. Davis said the attorney’s office contacts the prosecutor’s office several times a day about this. Drewel said in order to go forward and try to collect the information, it needs to be feasible for the county to do so. He said the lawsuit doesn’t appear to be any big benefit for Maries County. Presiding Commissioner Victor Stratman agreed with him. Fagre asked Davis to ask Prosecutor Tony Skouby to look at the contract and see if the county can opt out of it. 

On Monday, a letter written to an attorney’s office in Illinois had been drafted saying Maries County is withdrawing from the class action opioid litigation. Fagre said the county did not meet the fact sheet reporting deadline and the county was basically kicked out of the lawsuit. 

Find the Money

Last Thursday the commissioners were still doing budget work and were looking at the 911 budget, which funds the county’s 911 Dispatch Center operations. Many of the big bills in the expense column were telephone charges titled circuit mileage, monthly network and monthly charge. These mainly were paid to AT&T. Drewel commented it is easy to see why 911 costs to much. The commissioners were told the new communications provider can’t do anything with 911 so AT&T remains the provider. 

The commissioners added $21,000 of general revenue money to the 911 budget as for 2019 the sheriff estimated revenue at $101,000 and expenses at $103,000. Last year actual 911 revenues were $80,618.48. As people continue to drop their landlines, 911 revenue continues to fall. Also, the sheriff added some staff raises in the 911 budget.

Commissioner Stratman said he would like to see more funding for staffing as Sheriff Chris Heitman requested money so that dispatcher/jailers would not have to work alone. Fagre said they would have to “find the money” to do it. Stratman said when the dispatcher uses the restroom, or has to feed prisoners, he/she is away from the 911 station. If they are on the third floor feeding prisoners, they may not hear the call. Stratman said they might think about just reinforcing the night shift because nobody else is at the office at night as they are during the daytime. The sheriff told them the dispatchers work 12 hour shifts, from 7 to 7.

Fagre said they have to “figure out where the money comes from” and put it in a line item for wages in the 911 budget and then it can’t be used to pay for anything else. They figured $12 an hour and 12 hours a day for seven days a week would cost $53,000, at least. It probably would take more than one person because people don’t work seven days a week. 

Drewel said maybe they should wait to see if the 911 tax on the April Election ballot passes before deciding even though they are doing the budget work right now. Stratman said he thinks they should consider going ahead and funding a second person to work the night shift in the dispatch center. Fagre said they need another conversation with the sheriff. Drewel agreed that something needs to be done. 

Dead End

Wayne James was at the meeting briefly, asking for a DEAD END sign for MCR 541. He said at 3 a.m. Tuesday morning his neighbor contacted him saying a big semi had driven onto the county road and could not turn around. The driver was nervous because he was close to his limit and he only had 18 minutes left before the engine would shut off. James had to go open the gate to his property to give him a place to turn around. Stratman noted it was a good thing it was cold or the big rig might have become stuck. 

GPS sends these trucks down roads. Fagre said this happens when the GPS is set at “shortest route” and it leads drivers to places like this, in this case, a dead end.

James said last year about 50 motorcycles came driving down the road and asked him if the road went through. It does not. On another day, three different vehicles came driving down the road. James asked for a nice, big sign that can be seen. James said he will put it up. 

Brush Cutter

Fagre said he has decided to purchase a new brush cutter for Road One because his current brush cutter is 11 years old and is worn out. He will purchase the Diamond brush cutter with a New Holland T6120 tractor from Rosebud Tractor and Equipment (RTE). The company has the state bid. The brush cutter cost is $40,987 and the tractor cost is $69,000 for a total of about $110,000. Fagre plans to sell the old cutter and tractor. Also, he said he’ll have to use a tax anticipation note to finance at least part of the purchase.

It will be about 12 weeks before the new equipment package is ready because the tractor will be sent to Illinois so the brush cutter can be built to work with the tractor.