KINGWOOD — Members of the Preston County Board of Education voted unanimously to retain Bailey & Glasser LLP to represent Preston County Schools in the opioid class action lawsuit, to become a plaintiff in the national prescription opiate consultant litigation, and to opt out of the current settlement offered by McKinsey & Co. Inc.
The decision was made during a special meeting held earlier this month.
According to a memorandum from Bailey & Glasser to the West Virginia County School Superintendents, the settlement pending in the McKinsey case involves a class action settlement for subdivisions such as counties and cities for $207 million and one for $23 million for school boards nationwide.
Ben Bailey, of Bailey & Glasser, said McKinsey & Co., who denies the claims against it, was the architect of a scheme to turbocharge opioid sales, advertising multiple manufacturers and other industry participants, for well over a decade, about how to deceptively sell as many opioids as possible. He said this has caused school districts to have to spend or divert already scarce resources to support student victims of the opioid crisis.
Bailey said he suggested schools opt to make a statement that the amount is not enough to really make a difference for West Virginia school boards. He said McKinsey will then have to decide whether to negotiate further with those boards that opt-out to resolve the claims against it.
If McKinsey decides to negotiate with the school boards, Bailey said they will have a chance to get more funds for the school board grant-making settlement trust, which would be available to West Virginia counties that apply for and receive grants. If McKinsey declines to negotiate, but goes forward with the settlement, the $23,000,000 will still be in trust — along with other settlements with other defendants. While those who opt out won’t have a claim to the $23,000,000, the counties will still be eligible to apply for grants from the other monies, which currently total $33.5 million and await other judicial action, and should grow.
According to the settlement notice, once a school district opts out of the settlement, that district will not be eligible to apply for grants from the Public School District Opioid Recovery Trust under the settlement. But, this preserves school districts’ right to sue McKinsey over the claims being resolved by the settlement.
During the meeting he told board members there were several factors to consider about the settlement, among which, if no one opts out of the settlement, it will be concluded on its existing terms. If a number of boards opt out McKinsey will have the option not to go forward with the settlement and continue with the lawsuits, making it risky for all parties.
However, he said if McKinsey decides to negotiate, it will provide a chance for additional funds for West Virginia school boards to apply for. Bailey said both settlements will require school boards to apply for funds through grants.
He said West Virginia is a riskier venue for McKinsey than most other states, so it has reason to consider negotiating separately. He said joining with other counties in West Virginia will increase the critical mass for the cases still pending, or soon to be filed, against other defendants whether it obtains a better settlement with McKinsey or not.
Bailey asked the board members to look back 10 years in their records and see how special education has increased over that period of time. He said he wanted the information so he could compare it to what the experts come up with.
Board member Lucas Tatham said he believes it makes sense to opt out and look at a way the board can get some money.
“If it’s a specific amount for West Virginia we have a better chance to get something,” he said.
During the Jan. 8 BOE meeting, it was announced that Preston High School senior Ariana Huffman was awarded the QuestBridge National College Match Scholarship. She was one of 2,242 students nationwide to receive the four-year scholarship totaling over $360,000 over four years ($90,000 per year). Huffman competed with over 280,000 applicants for this honor. She has been part of the Upward Bound program over the past four years. Huffman plans to attend Haverford College.
Roofing vendor Mansuetto has been at PHS for several weeks removing rooftop HVAC units on sections of the school, replacing the roofing on these sections of the roof, and then replacing the rooftop units with new units that were secured late last year.
The next meeting of the Preston County BOE will be 6 p.m. Jan. 22 at South Preston School.
