R-2.2.0.0.01 - Opioid-related Damages and Health Care Costs Recovery Act

Section 14 Disposition versions

2023-11-02

14. No agreement entered into before 31 October 2018 by the Government or on its behalf that concerns compensation relating to the opioid-related health care costs incurred because of a wrong committed by a manufacturer, wholesaler or consultant defeats the Government’s option to exercise, against any of them, its right of recovery under this Act. In addition, no such agreement has the effect of excluding or limiting, in the context of an action instituted by the Government or in which the Government participates under this Act, the liability of the manufacturer, wholesaler or consultant or the evidence that may be administered in support of the contentions invoked against the manufacturer, wholesaler or consultant.

Where, in the context of an action referred to in the first paragraph, a manufacturer, wholesaler or consultant is ordered to pay a sum of money to the Government, the court must determine that sum by deducting any compensation amount paid to the Government under an agreement referred to in that paragraph.

No defendant in an action referred to in the first paragraph, or ordered to pay a sum of money to the Government in the context of such an action, may claim damages from the Government for a reason relating to an agreement referred to in that paragraph.

2023, c. 25, s. 14.