Maryland Seeks Outside Counsel to Assist in Opioid Investigation

Daily Record article (2018-05-15) reported that the Maryland Office of the Attorney General (OAG) has released a request for proposals (RFP) for an outside law firm to assist as special litigation counsel in the Office’s investigation of opioid manufacturers and distributors.  Maryland, like many other states, is facing a significant public health crisis caused by opioid abuse. The article stated that Maryland Governor Larry Hogan has authorized both the RFP and the initiation of litigation if warranted.

Anne Arundel, Baltimore, Harford, Montgomery, and Prince George’s Counties and four Maryland municipalities have already initiated their own litigation or are participating in multi-state litigation against opioid manufacturers and distributors through the use of outside counsel.

From the article:

Attorney General Brian E. Frosh said in an interview Tuesday he expects a robust response to the request, likely from law firms already representing municipalities and states in lawsuits against the drug companies. …

While Frosh has said he has not ruled out the possibility of filing a traditional lawsuit, the current strategy will involve filing individual administrative proceedings against the companies alleging violations of the Maryland Consumer Protection Act if it is determined enough evidence exists.

The RFP document (2018-05-11) includes the following purpose paragraph:

The purpose of this Request for Proposals (“RFP”) is to obtain proposals to serve as Special Litigation Counsel to the Division in its investigations and, if necessary, in enforcement proceedings, including administrative hearings, against certain manufacturers, distributors, and other entities and individuals involved in the marketing, sale, and distribution of opioid painkillers and related products. Special Litigation Counsel will also assist the Division in subpoena enforcement litigation.

The article noted that written proposals are due June 18.

Useful Links

OAG Request for Proposals for Special Counsel on Opioid Issues