Purdue Pharma nears new bankruptcy deal with Sacklers, mediator says
Adds judge's ruling in paragraph 4
Mediator Shelley Chapman reports progress in settlement talks
Judge Sean Lane extends freeze on opioid lawsuits against Sacklers until Dec. 2
Supreme Court ruling prevents Sacklers from being shielded by Purdue's bankruptcy
By Dietrich Knauth
NEW YORK, Oct 31 (Reuters) -Purdue Pharma is close to a new bankruptcy settlement with its owners, members of the wealthy Sackler family, and state and local governments that have filed lawsuits alleging that its painkiller OxyContin spurred a deadly opioid-addiction crisis in the U.S., a court-appointed mediator said on Thursday.
Mediator Shelley Chapman said at a court hearing in White Plains, New York that Purdue has made progress in recent days on a comprehensive deal that would resolve the lawsuits, adding that she would soon file a written report on the results of mediation.
"The parties are getting closer and closer by the day and the remaining issues, in our view, are resolvable," Chapman said.
Based in part on Chapman's comments, U.S. Bankruptcy Judge Sean Lane ruled on Thursday that opioid lawsuits against the Sacklers should remain frozen until Dec. 2.
Chapman told the judge that allowing lawsuits to resume would undermine settlement talks and deplete resources that should be reserved for paying opioid creditors.
"You can't make war and peace at the same time," Chapman said. "In order for the mediation to succeed, we need the full, undistracted attention of all the parties."
Purdue was sent back to the drawing board after a landmark U.S. Supreme Court ruling upended its previous bankruptcy plan, which would have granted sweeping legal protections to the Sacklers in exchange for up to $6 billion that would have been spent addressing the harms caused by the opioid epidemic in the U.S.
Chapman did not discuss any terms of the deal. Attorneys representing state and local governments also declined to address the terms under discussion, while saying they were optimistic that a new deal could be reached before Dec. 2, the date when the current litigation stay is scheduled to expire.
The Supreme Court ruled on June 27 that Purdue Pharma's bankruptcy settlement cannot shield the Sacklers, who did not file for bankruptcy themselves, from lawsuits over their role in the opioid epidemic.
Opioid lawsuits against Purdue and the Sacklers have been on hold since 2019, when the Stamford, Connecticut-based drugmaker filed for bankruptcy.
The lawsuits against Purdue and Sackler family members by state and local governments, as well as by individual plaintiffs, have accused them of fueling the crisis through deceptive marketing of its pain medication. The company pleaded guilty to misbranding and fraud charges related to its marketing of OxyContin in 2007 and 2020.
If mediation fails, a court-appointed committee representing Purdue’s creditors has been allowed to sue the Sacklers over claims that the family drained over $11 billion from the company and that their conduct made Purdue liable for other lawsuits.
Reporting by Dietrich Knauth, Editing by Alexia Garamfalvi, William Maclean and Rod Nickel
Latest News
Disclaimer: The XM Group entities provide execution-only service and access to our Online Trading Facility, permitting a person to view and/or use the content available on or via the website, is not intended to change or expand on this, nor does it change or expand on this. Such access and use are always subject to: (i) Terms and Conditions; (ii) Risk Warnings; and (iii) Full Disclaimer. Such content is therefore provided as no more than general information. Particularly, please be aware that the contents of our Online Trading Facility are neither a solicitation, nor an offer to enter any transactions on the financial markets. Trading on any financial market involves a significant level of risk to your capital.
All material published on our Online Trading Facility is intended for educational/informational purposes only, and does not contain – nor should it be considered as containing – financial, investment tax or trading advice and recommendations; or a record of our trading prices; or an offer of, or solicitation for, a transaction in any financial instruments; or unsolicited financial promotions to you.
Any third-party content, as well as content prepared by XM, such as: opinions, news, research, analyses, prices and other information or links to third-party sites contained on this website are provided on an “as-is” basis, as general market commentary, and do not constitute investment advice. To the extent that any content is construed as investment research, you must note and accept that the content was not intended to and has not been prepared in accordance with legal requirements designed to promote the independence of investment research and as such, it would be considered as marketing communication under the relevant laws and regulations. Please ensure that you have read and understood our Notification on Non-Independent Investment. Research and Risk Warning concerning the foregoing information, which can be accessed here.
