City Attorney’s Office
Reference: Resolution to Approve Filing of Complaints Related to Opioid Litigation and Contamination of Drinking-Water Well
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Alicia Calderón, City Attorney
Date Prepared: September 17, 2026
PURPOSE
To approve the filing of two complaints 1) to add defendants and file an amended complaint in the multi-district opioid litigation against pharmaceutical companies and distributors of opioids and 2) to recoup damages against a fueling station that likely leaked contaminants resulting in the shutdown of a City-owned drinking water well.
BACKGROUND
On January 23, 2019, Brighton City Council approved joining 16 other Colorado municipalities and counties (the “Colorado Coalition”) as a part of a lawsuit against pharmacies and opioid manufacturers. This lawsuit is part of the National Prescription Opiate Multidistrict Litigation, which consists of more than 2,000 federal court cases brought by counties, cities, tribes, and individuals against chain pharmacies, manufacturers, and distributors of prescription opioids. The defendants are accused of exacerbating the opioid crisis by misrepresenting the risks of long-term use of those drugs, aggressively marketing them, and failing to prevent suspicious shipments of prescription opioids. The court was asked in July of 2024 to allow plaintiffs to add additional defendants and recently granted permission to file an amended complaint. The City Council is asked to approve the filing of an amended complaint against additional defendants now that the court has granted such permission.
The second complaint involves a drinking water well that was shut down by the Colorado Department of Public Health and Environment in 2003 due to contamination of volatile organic compounds. The City has engaged an engineering firm to quantify the damages of the lost use of the well and the removal of equipment. Staff are seeking approval from the City Council to file a complaint against the fueling station from which the volatile organic compounds likely leaked from underground fuel tanks causing the contamination. The City would be seeking to recoup its costs and damages from the inability to use the well for over two decades.
OPTIONS FOR COUNCIL CONSIDERATION
City Council may adopt the resolution, request modifications, or deny the approval of the resolution.
ATTACHMENTS
Resolution