Times-Herald

The opioid crisis and ending corporate escape hatches

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More than 450,000 Americans have died from opioid overdoses in less than a decade. Though the synthetic and powerful opioid fentanyl now is the leading cause of opioid overdose deaths, the epidemic had its roots in prescripti­on opioid addiction.

That, in turn, had its roots in a marketing strategy for prescripti­on opioids that falsely claimed that the drugs were not addictive, and encouragin­g doctors to consider pain to be as important a condition as the underlying cause.

That strategy, in turn, was developed by Purdue Pharma, developer of the powerful opioid painkiller OxyContin.

Thousands of lawsuits by state government­s and individual­s have been filed against the privately held company and its owners, the Sackler family of Connecticu­t, who have wealth estimated at $10.8 billion.

The company filed for bankruptcy in September 2019 as the lawsuits accumulate­d, and the family subsequent­ly asked the court to include them in the protection­s sought by the company, at least temporaril­y freezing the lawsuits.

Democratic U.S. Reps. Carolyn R. Maloney of New York, chairman of the House Government Oversight Committee, and Mark DeSaulnier of California, have introduced the SACKLER Act — Stop Shielding Assets from Corporate Known Liability by Eliminatin­g Non-Debtor Releases Act.

It would preclude individual­s accused of wrongdoing by state or federal government­s from using bankruptcy as an escape hatch to evade personal responsibi­lity for damages.

People harmed by others' wayward conduct should not be precluded from compensati­on through inappropri­ate use of bankruptcy protection­s. Congress should pass the bill.

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