Court denies lowering $150M in lawyers’ fees for West Virginia opioid cases
(The Center Square) – An attempt to lower the expected $150 million in attorneys’ fees paid out in West Virginia opioid litigation failed Wednesday.
The Kanawha Circuit Court denied West Virginia Attorney General Patrick Morrisey’s request to lower the 15% lawyer fees in the case.
“We respectfully disagree with the court’s determination on this matter and continue to believe that more of the settlement should go toward helping the citizens of West Virginia heal from the opioid epidemic,” Morrisey said in a statement. “I will continue fighting this drug menace with every fiber of my being and will do my best to ensure that another generation doesn’t fall prey to senseless death.”
Morrisey filed an objection to the fees Tuesday, stating he believed the state’s previous 7.76% negotiated rate for outside counsel set as a contingency was a better number.
Morrisey’s objection said current state opioid settlements include $940.4 million and could grow to more than $1 billion, making the attorneys’ fees higher than $150 million.
If the $400 million aggregate settlement with opioid distributors is included, attorneys’ fees will total more than $171 million.
The objection contested that West Virginia code recommends a lower total percentage of attorneys’ fees for large settlements. Under that code, Morrisey said that the fees would be $75.9 million in a $937.1 million settlement as opposed to the $141 million if the fees were the recommended 15%.
