Delaware Attorney General Kathy Jennings, along with a bipartisan group of thirty state attorneys general, has announced the finalization of a $1.37 billion settlement with Kroger. This agreement addresses the grocery chain's involvement in the opioid crisis. Delaware is set to receive over $2.7 million for opioid abatement, which will be managed by the Prescription Opioids Settlement Distribution Commission. Payments are expected to commence early next year.
"The true cost of the epidemic is measured in lives, not dollars," stated Attorney General Jennings. "Delaware has long had one of the nation’s worst fatal overdose rates, and this time of the year will be especially painful for families who have lost loved ones. I am mindful of the fact that no amount of money can fully repair the damage done to our state. The task ahead of us is to save as many lives as we can; to support Delawareans in recovery; and to continue to hold Big Pharma accountable for its hand in the crisis."
Kroger has also agreed to injunctive relief requiring its pharmacies to monitor, report, and share data about suspicious activity related to opioid prescriptions. Kroger owns Harris Teeter grocery stores, which operate in Delaware.
Since 2000, thousands in Delaware have died from overdose fatalities. These deaths have imposed significant costs on healthcare, child welfare, and criminal justice systems within the state. Beyond financial impacts, opioid addiction and overdose deaths have deeply affected families and communities.
This filing represents another step by Attorney General Jennings in addressing the opioid crisis and holding responsible parties accountable. To date, settlements secured by Jennings are anticipated to contribute up to a quarter billion dollars towards combating the opioid crisis in Delaware.
This settlement marks the twelfth agreement Attorney General Jennings has reached with an opioid defendant providing funds for crisis abatement in Delaware. Previous settlements include McKinsey, McKesson, Cardinal Health, AmerisourceBergen, Janssen Pharmaceuticals, CVS Health Corporation, Walgreens Boots Alliance Inc., Walmart Inc., Teva Pharmaceutical Industries Ltd., Allergan PLC., and Publicis Groupe SA. Additionally, funds were obtained from Mallinckrodt PLC and Endo International PLC bankruptcies.
The state's share from this Kroger settlement will be allocated to Delaware’s Prescription Opioid Settlement Distribution Fund based on recommendations from an independent commission supported by bipartisan legislation endorsed by AG Jennings. The fund's expenditures are mainly directed toward services aimed at reducing or mitigating harms caused by opioids.