The ruling in bankruptcy court caps a long legal battle over the fate of a company accused of fueling the opioid epidemic and the family that owns it.
By Jan Hoffman Sept. 1, 2021, 4:42 p.m. ET
Purdue Pharma, the maker of the highly addictive painkiller OxyContin, was dissolved on Wednesday in a wide-ranging bankruptcy settlement that will also require the company’s owners, members of the Sackler family, to turn over billions of their fortune to address the deadly opioid epidemic.
But the agreement includes a much-disputed condition: It largely absolves the Sacklers of Purdue opioid-related liability. And as such, they will remain among the richest families in the country.
Judge Robert Drain of the U.S. Bankruptcy Court in White Plains, N.Y., provisionally approved the plan, saying he wanted modest adjustments. The painstakingly negotiated plan will end thousands of lawsuits brought by state and local governments, tribes, hospitals and individuals to address a public health crisis that led to the deaths of more than 500,000 people nationwide.
The settlement terms have been harshly criticized for shielding the Sacklers. They are receiving protections that are typically given to companies that emerge from bankruptcy, but not necessarily to owners who, like the Sacklers, do not themselves file for bankruptcy.
Several states were preparing to file an appeal as soon as the judge approved the settlement.
In exchange for the protections, the Sacklers agreed to turn over $4.5 billion, including federal settlement fees, paid in installments over roughly nine years. Those payments, and the profits of a new public benefit drug company rising from Purdue’s ashes with no ties to the Sackler family, will mainly go to addiction treatment and prevention programs across the country.
Judge Drain delivered his ruling orally from the bench in a marathon session that ran to six hours, meticulously working through his reasoning in a case he called the most complex he had ever faced. “This is a bitter result,” he said. “B-I-T-T-E-R,” he spelled out, explaining that he was incredibly frustrated that so much of the Sackler money was parked in offshore accounts. He said he had expected and wished for a higher settlement.
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