1. How will Maine’s abatement funds from the opioid settlements be allocated?
Settlement funds will be allocated according to the two Memoranda of Understanding (“MOUs”) between the Attorney General and the counties, cities, and towns which filed opioids lawsuits. 30% of all settlement funds will be directly paid to eligible counties, cities, and towns – both litigating and non-litigating, including every county - in Maine. 50% is allocated to the Maine Recovery Fund for statewide distribution by the Recovery Council. And 20% will be allocated to the Attorney General. All opioid settlement funds, which will come into Maine over the next 18 years, will need to be spent on opioid abatement activities as described in exhibits to the MOUs, including prevention, harm reduction, treatment, and recovery programs.
The first MOU from 2022 allocates settlement funds from the Distributors and J&J settlements, as well as any funds received from the Mallinkrodt and Purdue bankruptcies. The second MOU covers settlements finalized in 2023 (Teva, Allergan, CVS Walgreens and Walmart).
2. How much will my county, city, or town receive under the settlements?
Detailed information about estimated payments as well as received payments for all subdivisions, the State and the Recovery Council is available on the Settlement Payments page.
3. How will my litigating county/city/town’s attorney fees be paid?
The settlements require attorneys who apply for attorney fees from separate designated national attorney fee funds established by the settlements to waive enforcement of their contingency fee entitlements (PDF) as to all of their clients and to notify their clients accordingly. In addition, the first MOU provides for 7% of the subdivisions’ allocation from the Distributor and J&J payments to be set aside for additional attorney fees.
4. Over what time period will the settlements pay out?
Together they will pay out over 18 years, starting with the first payments in 2022. By settlement, they will pay out as follows:
|Distributors||18 years: Last Payment is expected to occur in 2038|
|J&J||10 years: Last Payment is expected to occur in 2031|
|Walmart:||1 year: Payments is expected to occur in 2023|
|CVS:||10 years: Last Payment is expected to occur in 2032|
|Walgreens:||15 years: Last Payment is expected to occur in 2037|
|Teva:||13 years: Last Payment is expected to occur in 2035|
|Allergan:||7 years: Last payment is expected to occur in 2029|
5. Over what time period will the Mallinckrodt and Purdue bankruptcies pay out?
As part of the bankruptcy settlement Mallinckrodt agreed to pay out over 9 years, however the amount of money and time frame may change. More information about Purdue’s payments will be made available once legal challenges to its bankruptcy plan are resolved.
6. Where can counties, cities, and towns find additional guidance about ways to use these funds to address the opioid crisis in Maine?
The Attorney General’s website has a page with resources to help subdivisions learn more about the approved abatement uses of the settlement funds, including public health-based principles, guides, and toolkits.
7. How can I find out more information about what my county, city or town is using its settlement funds for?
The best way to find out about what your community is doing with its settlement funds is to call your county administrators, or if your city or town is a participating subdivision call the city or town office. The Attorney General’s Office has a list of participating subdivisions and contact information (Word). It may be helpful to review the resources available for making the best use of the settlement funds to address the opioid crisis in your community, starting with principles for using the funds.
8. Who do I contact for more information?
To contact your county, city or town please see above for the list of contact information. For inquiries to the Maine Recovery Counsel, please email: info.RecoveryCouncil@maine.gov.