"Purdue Bankruptcy Deal Eliminates Sacklers' Legal Protection"

“Purdue Bankruptcy Deal Eliminates Sacklers’ Legal Protection”


### Historic $7.4 Billion Tentative Settlement for Purdue Pharma and the Sackler Family: A Key Moment in the Fight Against the Opioid Crisis

In a pivotal development in the ongoing struggle against the opioid crisis in the United States, fifteen states have negotiated a tentative $7.4 billion (£6 billion) settlement with Purdue Pharma and its owners, the Sackler family. The proposed settlement aims to replace the controversial 2021 agreement that was overturned by the U.S. Supreme Court in June 2024 due to its infringement of bankruptcy laws. Importantly, the new settlement does not provide the Sacklers with blanket immunity from civil litigation, representing a major shift in accountability.

If this deal gains approval, it signifies a crucial moment in tackling the opioid epidemic that Purdue Pharma—largely through its aggressive and misleading marketing of the painkiller OxyContin—helped instigate. The settlement seeks to direct resources straight to communities afflicted by the crisis, offering funding for opioid addiction treatment, prevention, and recovery initiatives.

### **What Prompted This New Settlement?**

The U.S. Supreme Court’s rejection of the 2021 settlement marked a significant turning point. The court determined that the initial agreement violated bankruptcy statutes by granting the Sacklers legal immunity from civil lawsuits despite Purdue’s corporate bankruptcy filing. This condition provided the Sacklers—a privately affluent family who gained vast profits from opioid sales—with protection from facing direct legal repercussions for their involvement in the crisis.

The amended settlement, while increasing the Sacklers’ financial input to $6.5 billion (up from $6 billion in the earlier agreement), introduces a new legal stipulation. Rather than obtaining automatic immunity, the Sacklers will gain access to a legal defense fund totaling up to $800 million. This fund is intended to manage potential lawsuits from states, municipalities, and individuals. Although specifics about the operation of the defense fund remain ambiguous, it indicates a shift away from the unregulated legal protections initially pursued by the Sacklers.

### **Financial Overview and Contributions**

According to the conditions of the new settlement:
– The Sacklers will pay nearly $3 billion within the first three years of the 15-year agreement.
– Purdue Pharma will contribute $900 million during the same timeframe.
– The Sacklers’ governance of Purdue Pharma will cease, and the family will be permanently prohibited from selling opioids in the U.S.
– A board of trustees, appointed by the participating states, will oversee Purdue’s future operations.

The magnitude of this settlement positions it as the largest financial resolution related to the opioid crisis in U.S. history. Funding from the settlement will be distributed to communities in need, providing them with tools to address the long-term repercussions of addiction and overdose.

### **Transparency and Accountability**

One of the most noteworthy aspects of the settlement is the requirement for Purdue Pharma and the Sacklers to disclose their internal documents, which includes over 30 million communications related to their opioid business. These encompass:
– Records of Purdue’s correspondence with the U.S. Food and Drug Administration (FDA) during OxyContin’s approval process.
– Internal marketing strategies that contributed to widespread overprescription.
– Documents that were previously protected by attorney-client privilege.

This unprecedented level of openness is expected to illuminate the strategic decisions made by Purdue and the Sacklers that led to the saturation of the market with OxyContin while minimizing its addiction risks.

New York Attorney General Letitia James, a key supporter of the settlement, highlighted its historic importance: “The Sackler family relentlessly pursued profit at the expense of vulnerable patients and played a critical role in starting and fueling the opioid epidemic. While no amount of money will ever fully repair the damage they caused, this massive influx of funds will bring resources to communities in need so that we can heal.”

### **A Long Journey to Accountability**

The opioid crisis has wrought a catastrophic toll of addiction, overdoses, and shattered families across the United States. Purdue Pharma filed for bankruptcy in 2019 in response to numerous lawsuits from states, municipalities, and individuals. These legal actions claimed that Purdue executives misled both the public and healthcare providers about OxyContin’s addictive qualities, resulting in its overuse and soaring addiction rates.

Litigation was temporarily halted after Purdue’s bankruptcy declaration; however, this new settlement presents a potential end to years of legal disputes. The final approval of the settlement will hinge on broader consensus from local governments, individuals with claims against the Sacklers, and other creditors. The U.S. Bankruptcy Court for the Southern District of New York will oversee the concluding decision-making process.

### **What Lies Ahead?**

If the settlement receives approval, it will be executed over a 15-year period:
1. Financial payments from the Sacklers and Purdue will be allocated to communities for opioid-specific health programs.
2. Purdue’s future will be governed by a board of trustees appointed by the state.
3. The public will gain access to Purdue’s internal documents, providing a framework for averting future public health crises related to corporate greed.