Friday afternoon, Governor Kevin Stitt, Senate President Pro Tempore Greg Treat and House Speaker Charles McCall filed a motion in the state opioid trial. The filing of the amicus brief concerns the as yet finalized settlement with Teva Pharmaceuticals.
In late May just before the case was set for trial, Attorney General Mike Hunter announced an $85 million settlement with Teva. However, the terms of the settlement were not finalized and would be revealed at a later date.
In their amicus brief, Stitt, Treat and McCall contend the settlement conflicts with House Bill 2751 which was passed with an emergency clause putting it into effect when the governor signed it. That was May 24 before the trial started. They believe the law dictates that the money should go directly into the State Treasury with the Legislature deciding how it should be spent. Because of the earlier settlement with Purdue Pharma directing the money to the Oklahoma State University Center for Wellness and Recovery, the Legislature passed HB 2751 to make clear any money from a settlement or a decision in the opioid case, or any other lawsuit, would be deposited to the State Treasury.
“Following a previous settlement in this case, pursuant to which the bulk of the settlement proceeds are not being paid to the State Treasury, and to ensure that there was no ambiguity going forward with respect to future settlements in this case, or any other case, the Legislature passed the Act which was intended to make as clear as possible that all proceeds from the settlement of any lawsuit, whatever the cause of action, were to be paid directly to the state treasury,” the brief reads.
The legislative leaders and the governor are asking Cleveland County District Court Judge Thad Balkman to direct any settlement funds to the Treasury. They also singled any money from the trial would go to address the state’s opioid crisis.
“To be clear, it is the intent and commitment of Applicants to expend the above settlement funds and any other monies attributable to this lawsuit for the abatement of the nuisance related to the Opioid crisis, but to do so in a statutorily legal and constitutional way,” the brief said.
The trial is scheduled to continue on Monday.
You can read the amicus brief below.
