Supervisor CALLERY offered the following Resolution and moved its adoption:


WHEREAS, the Department of Justice has been investigating price fixing and market allocation agreements involving 16 companies and over 300 drugs, including numerous generic pharmaceutical products, including doxycycline, an antibiotic, and glyburide, a treatment for diabetes; and

WHEREAS, the states attorneys’ general of 48 states brought a civil action alleging price fixing, market division, and other antitrust violations by 20 defendant pharmaceutical companies related to 15 generic prescriptions drugs; and

WHEREAS, many counties “self insure”, meaning that they pay the costs of workers compensation, health insurance and pharmaceuticals for their employees, dependents and retirees; and

WHEREAS, the New York State Association of Counties (NYSAC) is coordinating a class action lawsuit against said pharmaceutical companies; and

WHEREAS, the County Attorney recommends that the County of Fulton join the class action lawsuit against said pharmaceutical companies in an effort to recover costs related to price fixing for certain generic drugs; now, therefore be it

RESOLVED, That upon the recommendation of the County Attorney, and the Committee on Finance, the Chairman of the Board be and hereby is authorized to sign a retainer agreement between the County of Fulton and Napoli Shkolnik PLLC, of New York, New York, to conduct a joint lawsuit against manufactures of generic pharmaceutical drugs; such agreement to include but not limited to the following terms and conditions:

         1. Any payments to Napoli Shkolnik PLLC shall be based on a
contingency fee not to exceed 25 percent of all gross amounts

         2. There will be zero cost to Fulton County if there is no settlement or award.

and, be it further

RESOLVED, That said agreement is contingent upon approval of the County Attorney; and, be it further 

RESOLVED, That the County Attorney do each and everything necessary to further the purport of this Resolution; and, be it further
Resolution No. 268 (Continued)

RESOLVED, That certified copies of this Resolution for forwarded to the County Treasurer, County Attorney, NYSAC, Napoli Shkolnik PLLC, Budget Director/County Auditor and Administrative Officer/Clerk of the Board.

Seconded by Supervisor YOUNG and adopted by the following vote:
TOTAL:  Ayes: 15   Nays: 0   Absent: 5 (Supervisors Argotsinger, Born, Handy, Howard, Waldron)

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