The J&J Tribal Opioid Settlement

A nationwide settlement has been reached to resolve all Opioids litigation brought by federally recognized Tribes against opioid manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”). This settlement will provide substantial funds to participating Tribes for abatement of the opioid epidemic in Indian country.

If the proposed settlement is agreed to by Tribes nationwide:

  • J&J will pay $150 million to participating federally recognized Tribes over the next two years.
  • The settlement is open to all 574 federally recognized Indian Tribes, whether or not a Tribe filed a lawsuit against J&J.
  • The MDL Court appointed David Cohen and retired federal Judge Layn Phillips to set the procedures to determine the allocation among the Tribes and to jointly determine that final inter-tribal allocation. When Mr. Cohen and Judge Phillips set the procedures, they will be posted here. You will have the right to comment on the allocation and suggest any changes.
  • David Cohen and Judge Phillips will start with the Purdue Allocation and invite all Tribes and Alaska and California tribal health organizations to comment on whether and how that allocation should be modified for allocating the settlement money.
  • The settlement will become effective 30 days after at least 95% of the litigating Tribes (as measured by their shares of the settlement) agree to the settlement.
  • A total of 14% of the settlement funds will be set aside to pay attorney fees. The balance of 86% of the funds to be paid to participating Tribes must be used for abatement of the opioid epidemic in tribal communities, pursuant to a broadly defined list of approved abatement programs, activities and services, with special deference for tribal governments to decide which culturally appropriate or traditional healing practices are best suited to their communities. You may find the approved programs and uses by clicking here.
  • In order to participate, a Tribe must sign and submit a Tribal Participation Form through the secure portal that may be accessed through this website.

Law firms and unrepresented Tribes may submit Participation Forms quickly and easily using the secure online portal by selecting Portal Log In at the top of this screen. The Portal Log In page provides instructions for creating access credentials if you have not previously received access credentials.

In addition to the secure online portal, you may submit a Participation Form by:

MORE INFORMATION ABOUT THE J&J SETTLEMENT CAN BE FOUND IN THE “FREQUENTLY ASKED QUESTIONS” (FAQ) DOCUMENT BY CLICKING HERE.

  • Be sure the Tribal Settlements Administrator, BrownGreer PLC, has your contact information so they know who to contact about wiring funds or mailing a check. Click here to log on to the Portal to check your contact information or email nato@browngreer.com.