The Oklahoman

OxyContin maker deal leaves families angry

No apology given from Purdue Pharma owners

- John Seewer and Geoff Mulvihill

Among the families who lost children and other loved ones in the nation’s opioid crisis, many had held out hope of someday facing OxyContin maker Purdue Pharma and its owners in a courtroom.

That prospect all but vanished Wednesday after a bankruptcy judge conditiona­lly approved a settlement worth an estimated $10 billion. It was a deal that left many of those families feeling they didn’t get what they really wanted.

There was no apology from members of the Sackler family who own Purdue Pharma, they weren’t forced to give up all of their vast fortune, and there was no chance to confront them face-to-face about the lives lost to opioids.

Instead, the individual victims, thousands of state and local government­s and other entities that sued Purdue Pharma agreed to a deal in which the Sacklers will pay $4.5 billion and give up ownership of the company, which will be reorganize­d.

The company’s profits and the Sacklers’ contributi­on will go toward fighting opioid addiction through treatment and education programs. Also, victims of drug addiction can receive payments ranging from $3,500 to $48,000.

The conclusion to the case left families conflicted, deflated and still angry.

“Am I happy they don’t have to admit guilt and give up all their money? Of course not,” said Lynn Wencus, of Wrentham, Massachuse­tts. “But what would that do? It doesn’t bring my son back, and it doesn’t help those who are suffering.”

In the first years after her son Jeff died of an overdose in 2017, all she wanted was vengeance. While her anger remains, she is hopeful the settlement will finally bring help to communitie­s ravaged by overdoses.

“I know people disagree with that and want the Sacklers to suffer,” she said. “But the reality is we need money to get into the states, into education, into treatment.”

A half-million Americans have died from opioids over the past two decades, a toll that includes victims of prescripti­on painkiller­s like OxyContin and Vicodin and illicit drugs such as heroin and street-grade fentanyl.

In one of the hardest-fought provisions in the settlement, the family will be protected from any future opioid lawsuits. While the Sacklers weren’t given immunity from criminal charges, there have been no indication­s they will face any.

Despite the settlement, the family could see its wealth rise from an estimated $10.7 billion to more than $14 billion over the coming decade, according to a group of state attorneys general who based their projection on investment returns and interest. Lawyers for Purdue and the Sackler family disputed the estimate.

“Their lives aren’t going to change. It’s a shame there can’t be something done that would make them suffer with the rest of us,” said Tamara Graham, of St. Petersburg, Florida.

But she was willing to accept the outcome because it gives her a sliver of hope the money for treatment could save her youngest brother, who has struggled with addiction for longer than she can remember.

“I wish that I could stand up there,” she said. “I would love to make them watch a video of him going through withdrawal­s, the pain, the vomiting, him begging us to kill him.”

The settlement came nearly two years after the Stamford, Connecticu­tbased company filed for bankruptcy while facing some 3,000 lawsuits that accused Purdue of fueling the crisis by aggressive­ly pushing sales of OxyContin.

“You don’t take the architects of the opioid crisis and give them a sweetheart deal,” said Ed Bisch, whose 18-year-old son died of an overdose nearly 20 years ago. “Where is the deterrent?”

Bisch, who has spent more than a decade pushing for the Sacklers to be criminally prosecuted, is leading a group of families that are asking the U.S. Justice Department to appeal the settlement.

“The Sacklers are buying immunity with blood money,” said Bisch, of Westampton, New Jersey. “The only silver lining is their name is mud, and it will forever be mud.”

Purdue Pharma will be reorganize­d into a new company with a board appointed by public officials and will funnel its profits into government-led efforts to prevent and treat opioid addiction.

The drugmaker said in a statement that the settlement will avert years of costly litigation and instead ensure that billions will go to help people and communitie­s hurt by the crisis.

“I feel like the victims are once again at the bottom of the list,” said Dede Yoder, of Norwalk, Connecticu­t. “I don’t know what the states feel that their loss was. I can tell them what my loss is.”

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