Monday, October 23, 2017

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City Council to explore joining class-action suit against opioid manufacturers and distributors By AMY PORTER Correspondent WESTFIELD – At the end of Thursday’s City Council meeting, At-large Councilor Stephen Dondley made a motion to have the Legislative & Ordinance sub-committee “explore the possibility of taking legal action to seek damages from pharmaceutical manufacturers and distributors of opioids as a result of the impacts and burdens the opioid crisis has placed on our schools, emergency personnel, and other services provided by Westfield and funded by taxpayers.” When presenting the motion, Dondley said he was asking L&O to seek damages. “As we all know, there’s been a huge explosion in the opioid crisis,” Dondley said, adding, “Since the federal government is doing little, it is incumbent on the state and local government to pick up the ball where the federal government has left off.” He also said there is Westfield At Large City local precedent, as the Councilor Steve Dondley. town of Greenfield (WNG file photo) recently started a lawsuit. Ward 3 Councilor Andrew Surprise made a motion to amend to make a resolution to send to the Attorney General to do what was outlined in the original motion. “It’s not the place of the City Council,” Surprise said. “I think it’s a good move,” said At-large Councilor Dave Flaherty. He said the class action lawsuit is already formed in Massachusetts. “Moving forward, it’s the right thing to do.” However, Flaherty suggested sending it to the Health Dept. or Law Dept. instead of L&O, questioning what they would be able to do with the motion. Dondley said he reached out to the Mayor and City Attorney Susan Phillips, who he said didn’t have the time right now because she is dealing with the water issue. “We can do the legwork. I’m happy to do the research on behalf of L&O,” Dondley said. At-large Councilor Dan Allie asked if Westfield’s would be a separate suit, and whether the Attorney General is one of the 41 nationally signing on. Dondley said the Attorney General is investigating the possibility of suing drug manufacturers. He said Westfield would just be exploring it, also. Surprise withdrew his motion, agreeing to let the committee do the resolution. The original motion to send to L&O then passed the council. According to a press release on Greenfield’s website, the town is the newest signatory to a classaction lawsuit against the three largest opioid pharmaceutical distributors (the “Big Three”), McKesson Corp., Cardinal Health, and AmerisourceBergen. Spearheaded by the leadership of Greenfield Mayor William F. Martin, the lawsuit is being filed by Levin Papantonio of Pensacola, FL and Sweeney Merrigan Law of Boston, and Greenfield, MA founded by Greenfield natives Thomas T. Merrigan, Peter M. Merrigan and J. Tucker Merrigan. The goal of the lawsuit is to recoup local and town budget dollars spent for law enforcement, needle exchanges, Narcan, education/prevention, treatment costs (where applicable), etc., and ultimately to develop new policy and law to protect individuals and communities moving forward. The release also states that the pharmaceutical distributors face state law liability for negligence having violated standard of care guidelines by breaching their duty to identify and report suspicious opioid orders to the DEA or other relevant state agencies. Greenfield’s participation is being led by Mayor William F. Martin. “As the capital of Franklin County and the provider of multiple county services, from hospitals, courts, corrections facilities, and social support, the Greenfield community must intervene and act for the benefit and survival of individuals, families and the broader county,” Martin said in the release. The Levin Papantonio firm and Sweeney Merrigan Law firm will be hosting an information session for interested Massachusetts towns and Mayors on Monday, October 23 at 3:00 p.m. at Greenfield Town Hall, 14 Court Square, Greenfield. Dondley said he planned to attend the meeting.

Woodland Elementary School. (WNG File Photo)

Woodland School Principal placed on leave; no explanation issued By GREG FITZPATRICK Correspondent SOUTHWICK – Last Wednesday, parents and families of students at Woodland Elementary School were notified that Principal Amy Fouracre had been placed on leave. Effective immediately, Assistant Principal Jon Rodgers is the acting Principal. When asked for more information, schools Superintendent Jen Willard said that she wasn’t able to comment on why Fouracre was placed on leave due to the fact that it’s a personnel matter. Days before Rodgers was named acting Principal, he was set to retire last week, which included events at the

school where students and staff took part in honoring him. Also on Wednesday, a letter was sent home with students that noted that there wouldn’t be any more recess or second grade clubs at Woodland. With the letter being sent by Rodgers on Oct. 16, several parents and individuals voiced their concerns on social media with the belief that there was a lack of communication about this change. Prior to the start of the 2017-18 school year, Woodland School created a new program where between 8:40 and 9:15 a.m., students would either have the choice to go to their classroom or take part in 35 minutes of additional

and unstructured recess. In the letter, Rodgers gives an explanation as to why the school decided to stop the recess. “After consultation with our staff, we feel it is in the best interest of our students to provide them with additional structure by welcoming them to their classrooms, or for breakfast, first thing in the morning. We believe this change will enable all children to more successfully transition to the classroom at the beginning of the school day.” Moving forward, Rodgers said that there will still be a 35-minute recess prior to lunch and a 35-minute lunch period.

States to ask judge to keep health subsidies cut by Trump SAN FRANCISCO (AP) — The top lawyers for 19 states will urge a federal judge Monday to force President Donald Trump's administration to pay health care subsidies he abruptly cut off earlier this month. State attorneys general, led by California Democrat Xavier Becerra, argue the monthly payments are required under former President Barack Obama's health care law, and cutting them off will harm consumers. Trump's Health and Human Services Department announced earlier this month that the administration will cut off payments known as cost-sharing reduction. Trump has said Obama's law is imploding and has criticized the subsidies as insurance company bailouts. The White House says the government cannot legally continue paying the subsidies because there is no formal authorization from Congress. However, the administration had been making monthly payments even as Trump threated to cut them off to force Democrats to negotiate over health care. A bipartisan effort in Congress to restore the payments has run into opposition. The payments reimburse insurers for the costs of lowering copays and deductibles, which they're required to do for lowincome customers who buy coverage through the health care marketplaces created by Obama's Affordable Care Act. The states argue that the Trump administration violated a law

Candidate ForumS

Hosted by The Westfield News, Greater Westfield Chamber of Commerce and The Westfield Senior Center

Monday, oct. 23

6:30 City CounCilor - WArD 3 Andrew Surprise, robert Atkocaitis

7:30 City CounCilor - WArD 4 Dawn thomas, Michael Burns

At the Westfield Senior Center, 45 Noble Street, Westfield. Doors open at 6:00 for Candidate Meet and Greet.

requiring government agencies to obey existing statutes and follow orderly and transparent procedures. "He's threatening access for millions of Americans to decent quality health care, and it's time for him to stop playing this game because for too many people it's not a game," Becerra said last week. The states are asking U.S. District Judge Vince Chhabria, an Obama appointee, to force the Trump administration to continue making monthly payments while the case is litigated, which will take months. Democratic attorneys general have forcefully pushed back against Trumps agenda in the federal courts, looking to stymie the president's attempts to roll back Obama's policies on the environment, health care and immigration. The states joining California in the lawsuit are: Connecticut, Delaware, Illinois, Iowa, Kentucky, Maryland, Massachusetts, Minnesota, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia and Washington, along with the District of Columbia.

Boston Marathon bombing survivors award scholarship BOSTON (AP) — Two amputee survivors of the 2013 Boston Marathon bombing are awarding a scholarship to a college sophomore who lost a leg to cancer as a child. Jack Manning, of Norfolk, Massachusetts, is the inaugural winner of the "Boston College Strong" scholarship being presented Monday. Bombing survivors Patrick Downes and Jessica Kensky say they chose Manning for his "perseverance in the face of adversity." Manning overcame his disability to play high school football and baseball, mentor young cancer patients facing limb loss and raise money for cancer research. He's currently enrolled in BC's Carroll School of Management. Downes, a BC alumnus, and Kensky were newlyweds when both lost legs in the attacks near the marathon finish line. Kensky had to have her remaining leg amputated 1½ years later.


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Monday, October 23, 2017 by The Westfield News - Issuu