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Pittsfield Asked to Join Lawsuit Against Opioid Manufacturers, Distributors

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PITTSFIELD, Mass. — The City Council will consider joining a lawsuit against opioid wholesalers to recoup some of the cost the city has incurred combating the drug epidemic.
 
The law firm Levin, Papantonio, Thomas, Mitchell, Rafferty & Proctor is taking on major drug manufacturers and distributors for fueling the illicit opioid market. The firm isn't asking for a city contribution for the case but is rather working for 25 percent of any settlement.
 
Cities and towns throughout the nation have already joined the effort to recoup some of the costs associated with a municipality's efforts to combat the crisis.
 
"This litigation is intended to address a significant problem in the city. The litigation focuses on the wholesale distributors and manufacturers of opioids and their role in the diversion of millions of prescription opiates into the illicit market which has resulted in opioid addiction, abuse, morbidity, and mortality. There is no easy solution and no precedent for such an action against this sector of the industry," reads a proposed agreement between the city and the law firm. 
 
"Many of the facts of the case are locked behind closed doors. The billion-dollar industry denies liability. The litigation will be very expensive and the litigation expenses will be advanced by the firm with reimbursement contingent upon a successful recovery. The outcome is uncertain, as is all civil litigation, with compensation contingent upon a successful recovery."
 
The lawsuit claims that companies did not comply with federal regulations in regards to distribution of painkillers and flooded the market, fueling the epidemic. 
 
Municipalities are often burdened with significant costs for such things as first responders responding to overdoses, police enforcement, rehabilitation, and in the school system. The firm believes some of the major manufacturers are responsible and should pay for the damage caused to cities and towns. 
 
"The purpose of the lawsuit is to seek reimbursement of the costs incurred in the past fighting the opioid epidemic and/or recover the funds necessary to abate the health and safety crisis caused by the unlawful conduct of the wholesale distributors and manufacturers of opioids," the agreement reads.
 
The Pensacola, Fla., firm has already received much support in Massachusetts. The litigation may or may not end up with a payout. 
 
The agreement is on the City Council's agenda for Tuesday. 

Tags: lawsuit,   opiods,   

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Dalton Man Accused of Kidnapping, Shooting Pittsfield Man

By Brittany PolitoiBerkshires Staff

PITTSFIELD, Mass. — A Dalton man was arrested on Thursday evening after allegedly kidnapping and shooting another man.

Nicholas Lighten, 35, was arraigned in Central Berkshire District Court on Friday on multiple charges including kidnapping with a firearm and armed assault with intent to murder. He was booked in Dalton around 11:45 p.m. the previous night.

There was heavy police presence Thursday night in the area of Lighten's East Housatonic Street home before his arrest.

Shortly before 7 p.m., Dalton dispatch received a call from the Pittsfield Police Department requesting that an officer respond to Berkshire Medical Center. Adrian Mclaughlin of Pittsfield claimed that he was shot in the leg by Lighten after an altercation at the defendants home. Mclaughlin drove himself to the hospital and was treated and released with non-life-threatening injuries. 

"We were told that Lighten told Adrian to go down to his basement, where he told Adrian to get down on his knees and pulled out a chain," the police report reads.

"We were told that throughout the struggle with Lighten, Adrian recalls three gunshots."

Dalton PD was advised that Pittsfield had swabbed Mclaughlin for DNA because he reported biting Lighten. A bite mark was later found on Lighten's shoulder. 

Later that night, the victim reportedly was "certain, very certain" that Lighten was his assailant when shown a photo array at the hospital.

According to Dalton Police, an officer was stationed near Lighten's house in an unmarked vehicle and instructed to call over the radio if he left the residence. The Berkshire County Special Response Team was also contacted.

Lighten was under surveillance at his home from about 7:50 p.m. to about 8:40 p.m. when he left the property in a vehicle with Massachusetts plates. Another officer initiated a high-risk motor vehicle stop with the sergeant and response team just past Mill Street on West Housatonic Street, police said, and traffic was stopped on both sides of the road.

Lighten and a passenger were removed from the vehicle and detained. Police reported finding items including a brass knuckle knife, three shell casings wrapped in a rubber glove, and a pair of rubber gloves on him.

The response team entered Lighten's home at 43 East Housatonic before 9:30 p.m. for a protective sweep and cleared the residence before 9:50 p.m., police said. The residence was secured for crime scene investigators.

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