Get 40% Off
👀 👁 🧿 All eyes on Biogen, up +4,56% after posting earnings. Our AI picked it in March 2024.
Which stocks will surge next?
Unlock AI-picked Stocks

Purdue Pharma can protect Sackler owners in opioid bankruptcy, court rules

Published 05/30/2023, 10:24 AM
Updated 05/30/2023, 12:20 PM
© Reuters. FILE PHOTO: Bottles of prescription painkiller OxyContin pills, made by Purdue Pharma LP sit on a counter at a local pharmacy in Provo, Utah, U.S., April 25, 2017.   REUTERS/George Frey/File Photo

By Dietrich Knauth

NEW YORK (Reuters) - Bankrupt OxyContin maker Purdue Pharma can shield its owners, members of the wealthy Sackler family, from opioid lawsuits in exchange for a $6 billion contribution to the company's broader bankruptcy settlement, a U.S. appeals court ruled on Tuesday.

The New York-based 2nd U.S. Circuit Court of Appeals said that U.S. bankruptcy law allows legal protections for non-bankrupt parties, like the Sacklers, in extraordinary circumstances.

In a majority opinion written by 2nd Circuit Judge Eunice Lee, the court ruled that the legal claims against Purdue were inextricably linked to claims against its owners, and allowing lawsuits to continue targeting the Sacklers would undermine Purdue's efforts to reach a bankruptcy settlement.

Judge Richard Wesley wrote a separate opinion "reluctantly" agreeing that protections for the Sacklers were legal, based on the court's past decisions. But U.S. bankruptcy law does not explicitly allow courts to wipe away lawsuits against non-debtors like the Sacklers, and Congress or the U.S. Supreme Court should step in to clarify an issue that has divided courts across the U.S., Wesley wrote.

Purdue has sought to use its bankruptcy case to resolve thousands of lawsuits, many filed by state and local governments, alleging that OxyContin helped kickstart an opioid epidemic that caused more than 500,000 U.S. overdose deaths over two decades.

Purdue has pleaded guilty to charges related to its opioid marketing, while its owners have expressed regret but denied wrongdoing.

The Sackler family members have agreed to contribute up to $6 billion to a trust that will be used to pay the claims of states, victims of addiction, hospitals and others who have sued Purdue over its misleading marketing of OxyContin.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

In exchange, the Sacklers will receive broad legal protection from lawsuits related to the opioid crisis.

The families of the late Mortimer Sackler and the late Raymond Sackler said in a joint statement that they looked forward to moving ahead after the lengthy wait for a 2nd Circuit decision.

"The Sackler families believe the long-awaited implementation of this resolution is critical to providing substantial resources for people and communities in need," the families said.

The Sackler contribution accounts for most of the cash payment in a broader bankruptcy settlement that Purdue values at more than $10 billion.

A federal judge blocked that settlement in December 2021, ruling that it could not protect the Sackler family members from lawsuits because they were not bankrupt themselves, leading to Purdue's appeal to the 2nd Circuit.

With the appeal concluded, Purdue will now return to court to seek final approval of the settlement and end its long-running Chapter 11 bankruptcy.

"Our focus going forward is to deliver billions of dollars of value for victim compensation, opioid crisis abatement, and overdose rescue medicines," Purdue said in a statement.

In addition to the Sackler payment, Purdue will pay an additional $1.4 billion in opioid settlements, contribute "substantial" additional insurance recoveries, and restructure itself into a new company committed to developing and distributing overdose reversal and addiction treatment medicines for no profit.

U.S. overdose deaths have accelerated in recent years, with more than 100,000 in 2021, over 75% of which involved an opioid drug, according to the U.S. Centers for Disease Control and Prevention.

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

The lawsuits against Purdue allege that the drugmaker misled doctors about how addictive OxyContin was, causing many patients to become hooked on opioids. Many of those patients later turned to illegal drugs like heroin, sometimes laced with dangerously potent fentanyl, causing even wider damage, according to the lawsuits.

Similar lawsuits related to the U.S. opioid crisis have resulted in more than $50 billion in settlements with opioid manufacturers, drug distributors and pharmacy chains.

Latest comments

Commit mass murder, judge says thats okay. All i see here.
Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.