REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
September 14, 2021
FROM
MICHELLE D. BLAKEMORE, County Counsel
SUBJECT
Title
Consent to Representation and Waiver of Potential Conflict of Interest
End
RECOMMENDATION(S)
Recommendation
1. Approve a consent to representation and waiver of potential conflict of interest arising out of the representation of Walgreen Company by von Briesen & Roper with respect to personal injury matters.
2. Authorize the County Counsel or a Principal Assistant County Counsel to execute the consent to representation and waiver of potential conflict of interest.
(Presenter: Michelle D. Blakemore, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of the consent to representation and waiver of potential conflict of interest ("Consent and Waiver") item will not impact Discretionary General Funding (Net County Cost).
BACKGROUND INFORMATION
San Bernardino County (County) filed a complaint in 2018 in the National Opioid Litigation as one of the thousands of public entities nationwide suing in an effort to hold manufacturers, distributors and dispensers of pharmaceutical opioids responsible for their role in causing or contributing to the opioid epidemic. The County is represented by three law firms in the National Opioid Litigation: Simmons Hanly Conroy, Crueger Dickinson, and von Briesen & Roper. A group of pharmacies was identified as defendants in the initial complaints filed, but Walgreen Company (Walgreen) was not one of those pharmacies. Since that time, it has been determined that Walgreen engaged in conduct our counsel believe make the company potentially liable to the County. As a result, an amended complaint has been filed naming Walgreen as a defendant.
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