Endo Pharmaceuticals Inc., has agreed to pay $10 million and donate up to $1 million in prescription drugs to two northern Ohio counties to avoid the first bellwether trial in a multidistrict litigation (MDL) seeking to hold drug companies accountable for their role in escalating the opioid epidemic, Law360 reported.

The drugs Endo has agreed to donate include its diabetes insipidus treatment Vasostrict and its emergency allergy drug Adrenalin.

The trial, which is scheduled for Oct. 21, was brought by Cuyahoga and Summit counties in Ohio. The settlement comes with a provision that should a global settlement be reached in the multidistrict litigation, the two counties “will receive the value they would have received under such resolution less the total value of the settlement in principle announced today,” the drug company said.

There has been recent buzz that local governments within the multidistrict litigation are in settlement talks with drug makers, and that those settlements would involve payments in the form of prescription donations.

Allergan PLC, another drug company named in the Ohio counties’ lawsuit, is reportedly negotiating a potential $5 million deal. However, it would not necessarily exclude the company from facing trial.

Both Endo and Allergan are small players in the opioid multidistrict litigation compared to drug kings Purdue Pharma and Johnson & Johnson. But the announcement is still a significant development.

In 2017, the Food and Drug Administration (FDA) ordered Endo to halt sales of its opioid Opana ER amid concerns of its abuse potential and injection-related disease.

Beasley Allen’s opioid litigation team includes these lawyers: Rhon Jones, Parker Miller, Ryan Kral, Rick Stratton, Will Sutton and Jeff Price. This team represents the State of Alabama, the State of Georgia, and numerous local governments, as well as other entities in opioid multdistrict litigation (MDL). They also handle individual claims on behalf of victims.

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