CLARKSBURG, W.Va. (AP) — A West Virginia county has opted out of a federal opioid lawsuit negotiation class, allowing the county to pursue the case in state court.

The Exponent Telegraph reports the Harrison County Commission opted out of the negotiation last week and on Tuesday, county prosecutor Rachel Romano agreed with the move.

U.S. District Judge Dan Aaron Polster created the class to consolidate cases against opioid manufacturers, distributors and retailers accused of fueling the nationwide opioid crisis.

Under the negotiation class if a settlement were reached, Harrison County might have received $364,641 per $1 billion in settlement funds.

Attorney Samuel Madia represents several counties. He says that’s not enough for Harrison County. Madia says he believes the defendants will offer a fair settlement and if not, the county is ready for trial.

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