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CORP/BIZ OxyContin Maker Purdue Pharma Files For Bankruptcy As Dozens Of States Decline Proposed Settlement
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  1. #1

    OxyContin Maker Purdue Pharma Files For Bankruptcy As Dozens Of States Decline Proposed Settlement

    https://www.zerohedge.com/health/pur...sed-settlement

    Just hours after the company's board signed off on a proposed settlement with more than 2,000 litigants, including dozens of US states, the embattled US drugmaker Purdue Pharma filed for Chapter 11 bankruptcy protection, a long-anticipated move aimed at shielding the company and its owners, the Sackler family, from financial ruin as they shoulder the brunt of the blame for igniting the opioid crisis with their aggressive marketing tactics of OxyContin.

    At a time when some 130 Americans are dying every day from opioid-related overdoses, Purdue is hoping that its settlement will placate most of these plaintiffs, allowing the company to restructure and emerge from bankruptcy, likely under new ownership. Though many litigants agreed to the company's settlement proposal last week, a number of holdouts, including two dozen states, refused, insisting on more onerous terms for Purdue, the New York Times reports.

    The company was the first to introduce fast-acting OxyContin to market in the 1990s, the drug that more than any other pharmaceutical has been blamed for jump-starting the opioid crisis.

    Purdue faces lawsuits from nearly every state, as well as some 2,600 cities, counties, Native American tribes, hospitals and other entities seeking compensation for the costs of the opioid epidemic, according to the Wall Street Journal.

    But last week, the Attorney General of New York uncovered wire transfers from Purdue to Swiss bank accounts controlled by the Sacklers, which revived critics' anger at the Sacklers, who have maintained that they did nothing wrong in the marketing of OxyContin.

    According to a series of leaks, terms of the proposal include: The Sacklers surrendering ownership of the company and paying $3 billion in cash to the plaintiffs over seven years, and selling their UK-based drug company, Mundipharma. The proceeds from that sale would add "substantial further monetary contributions" to the settlement pot.

    Purdue has assessed the value of the settlement at $10 billion, while the 26 states that are opposing the settlement insist that Purdue's numbers are bogus, and rely on overly optimistic projections.

    Rumors of a bankruptcy filing have been circulating since the summer of 2018, when Purdue named restructuring specialist Steve Miller as chairman and hired law firm Davis, Polk & Wardwell.

  2. #2
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    Aren't the doctors who hand these drugs out the responsible party? Purdue Pharma does not write the prescriptions.

  3. #3
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    What about the people taking them? No personal responsibility required any more. Jeez, how many warnings are slapped all over the prescription bottle?

    Let ya all in on a little something here I personally got from a doctor friend. Back in the beginning of O-care, the GOVERNMENT required doctors to manage all pain. After all, no one in this day and age should ever have to suffer from pain of any kind. We have the drugs to deal with it. If you failed to do so, you were "dinged" and your reimbursement for treatment was lowered. Surveys were sent out to patients regarding their satisfaction with treatment. Pain management was one of the questions. As a result, addicts did what addicts do. They "needed" stronger and stronger pain management, which led to increased use of opioids and stronger meds. As a result, we now are dealing with opioid crisis. What does the government now do? Tell the doctors to get people off the pain meds (easier said than done) and the blame was shifted to everyone but the government. And let me tell you that many, many of these now addicts will do whatever they need to do to get their fix. He has had patients lie to him, threaten him when he suggested treatment for abuse and walk out of appointments or hang up on him when they realize there would be no more drugs. Then they go doctor shopping. Or some will just show up to the ER with excruciating, unmanageable pain and expect treatment. Problem is that around these parts, ER's at different hospitals talk to each other. People's names become known. I was walking up to the hospital once and overheard a conversation a woman was having on her cell phone. She was pretty much screaming at her cell phone and the parking lot was dead on a Sunday morning. I didn't have to be present for her ER visit. I got the entire gist of her failed attempt to secure another fix. She very loudly claimed that she wouldn't accept treatment like this for her dog. No, idiot! You wouldn't because we don't allow our pets to become addicted to chemicals. We reserve that privilege for humans.

    So go after the Pharma and the doctors if you want. That's a finite pool to milk. But it doesn't address the problem. The problem will just go black market and continue until that person kills themselves from abuse. In the meantime, addicts will turn to more crime to secure their next good feeling.
    Needs more cowbell.
    "The Constitution only gives people the right to persue happiness. You have to catch it yourself." --Benjamin Franklin
    Proud member of fly-over country

  4. #4
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    Quote Originally Posted by Rabbit View Post
    Aren't the doctors who hand these drugs out the responsible party? Purdue Pharma does not write the prescriptions.
    Purdue had every reason to suspect wrongful prescribing and even scheduled diversion (pre-planned theft along the supply routes) for years, but chose to ignore it so long as they were pulling in the bux. It's not like Penicillin suddenly exploded in demand by a few thousand percent. Rather it was a seriously abusable narcotic. Doubtful bone cancer suddenly infected 10% of America.

    RR
    Survival and Austere Medicine: An Introduction - 2nd and 3rd Editions Contributing author and editor

    Get your FREE copy of the 3rd edition here:NNPG Download Site

    Reddit AustereMedicine/

  5. #5
    Our docs on the Saturday morning talk radio have said that the minimum doses available were larger than what was really needed. And the push was that patients were not to experience pain for even the most minor of surgeries. This was especially in the late 90' and through the 00's. Any evaluation of a doctor by a patient included a question about whether they had pain and a doc could be marked down for that.

  6. #6
    Quote Originally Posted by Reasonable Rascal View Post
    Purdue had every reason to suspect wrongful prescribing and even scheduled diversion (pre-planned theft along the supply routes) for years, but chose to ignore it so long as they were pulling in the bux. It's not like Penicillin suddenly exploded in demand by a few thousand percent. Rather it was a seriously abusable narcotic. Doubtful bone cancer suddenly infected 10% of America.

    RR
    As I've written multiple times before, they also blatently LIED about the addiction potential, telling doctors (who then passed on the lies to their patients, who had no reason to disbelieve them) that because the drug held "steady levels" in the bloodstream (it didn't) it would be abused less and wouldn't cause abuse and addiction like the "take as needed every 4 hour" pills.

    Believe me, I'm all for personal responsibility (and I personally have had enough experience with opiates for severe pain I would have been *extremely* skeptical of the claims), but in this case, the company should be shut down, it's patents distributed to competitors, and its executives and the marketing team (amd especially the "researchers" who gave the company the exact results they demanded) should get tossed into prison for life for mass murder.

    Summerthyme

  7. #7
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    Quote Originally Posted by Josie View Post
    What about the people taking them? No personal responsibility required any more. Jeez, how many warnings are slapped all over the prescription bottle?
    Doctors and patient were lied to about its addictability.
    People are quick to confuse and despise confidence as arrogance but that is common amongst those who have never accomplished anything in their lives and who have always played it safe not willing to risk failure.

  8. #8
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    Quote Originally Posted by packyderms_wife View Post
    Doctors and patient were lied to about its addictability.
    What about people taking Meth?

    Maybe we should sue Paint Manufacturers and plastic bucket companies?

    Opium and heroin come from a flower, maybe sue God for making dirt? John Deere?
    "It ain't no secret I didn't get these scars falling over in church."


    "My Shoes are too Tight. But it is ok as I have forgotten how to Dance."

  9. #9
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    Quote Originally Posted by Josie View Post
    What about the people taking them? No personal responsibility required any more. Jeez, how many warnings are slapped all over the prescription bottle?

    [snip]

    So go after the Pharma and the doctors if you want. That's a finite pool to milk. But it doesn't address the problem. The problem will just go black market and continue until that person kills themselves from abuse. In the meantime, addicts will turn to more crime to secure their next good feeling.
    The people who became addicted because of medical mismanagement is but a small percentage of those who abuse them. Many are addicted precisely BECAUSE they sought to get high/wasted/with the groove/whatever their motivation.

    The PTB (Joint Commission and other hospital accrediting agencies) are no small part of the problem with their insistence that pain be considered the 5th vital sign. For that matter the nursing profession is also guilty because they have promoted that concept.

    But in the end it is the 'patient' themselves who is most responsible overall. The majority willingly accepted addiction in return for what was temporary relief of a painful situation, or because they wanted escape, or even because they were wimps who rated a hangnail as a 10/10 as far as pain. I have had patients who claim with a very straight face their pain is a "40. A 44. Even worse." Sorry, unless you have 3rd degree burns over 80% of your body or osteosarcoma your pain is not off the scale.

    Harsh words? You bet. They apply to patients, and caregivers, and docs and nurses and pharm companies alike. You can't address everything at once, so start at the beginning and work backwards. Meantime the medical profession needs to grow a spine and tell the junkies "no."

    End patient satisfaction surveys, end the ER gravy train, call spades spades, start low and stick to it, and for the love of all that is holy will somebody PLEASE develop an accurate lab test, or even better something like a pulse oximeter that will actually determine and express pain as numeric reading. Because junkies and wimps will lie and caregivers will give in for a few moments of peace.

    RR
    Survival and Austere Medicine: An Introduction - 2nd and 3rd Editions Contributing author and editor

    Get your FREE copy of the 3rd edition here:NNPG Download Site

    Reddit AustereMedicine/

  10. #10
    Yep, and people in severe pain will accept "addiction" if it means they can stop the pain enough to get out of bed, go to the bathroom on their own and maybe even take a walk once in a while.

    Funny, they don't call it "addiction" when a type I diabetic needs insulin; I am not saying addiction isn't real but even for the type of addict that got into for "kicks" rather than pain control; a huge amount of the human and criminal damage could be averted if people could simply register as addicts and take their drugs under supervision (so they can't sell them).

    Nightwolf told me one of his professors in medical school used to say "one of the dirty little secrets of the medical profession is that many people can function quite well even when addicted to opioids as long as they are under medical supervision and the drugs are actual pharmaceuticals and not street drugs of unknown strength or composition."

    The man wasn't advocating pushing wholesale addiction on society, what he was saying that people once addicted don't have to become wasted criminals who die in a ditch; if they are willing and the legal system was willing their conditions could largely be managed without having to commit crimes to get the drugs or dying from overdoses from unknown illegal drug dens.

    This same teacher also pointed out that the proper use of opiates in a similar system for pain patients could allow many people to continue to hold jobs (obviously not a truck driver but most jobs), go to school, raise their families and at the very least have some quality of life.

    Right now, the horrible thing is that while things may have swung too far in one direction with this "families" drug company lying every which way about their products being safer than regular opiates, the bad news is that now regular pain patients are sometimes left to suffer to the point of either feel forced to turn to street drugs and/or committing suicide.

    The proper "solution" is in the middle, neither the extreme of handing out powerful drugs like candy nor forcing pain patients to become weeping heaps tied to their beds.

    Even those who get addicted for stupid reasons, like looking for kicks, still have a serious medical problem once they are addicted - throwing them in jail won't solve it, any more than jailing a drunk makes them anything more than temporarily sober.
    expatriate Californian living in rural Ireland with husband, dogs, horses. garden and many, many cats

  11. #11
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    The Slacker Family, owners of Perdue Pharma, his their company's wealth overseas so they wouldn't have to pay out copious amounts to families, states, and companies suing them.


    Fair use

    How Purdue Pharma's Sackler family hid their cash

    Updated on: August 30, 2019 / 1:17 PM / AP

    The Sackler family, who control Purdue Pharma, could be on the hook for $3 billion of their own money as the OxyContin-maker negotiates a potential settlement with the federal government over the drugmaker's role in the opioid crisis. But one challenge could be pinning down just where the money withdrawn from Purdue ended up, as well as determining how much of that fortune state and local governments should consider fair game.

    A review by The Associated Press reveals that the Sacklers' wealth is shielded in a web of companies and trusts, some registered in offshore tax havens far from Purdue's Connecticut headquarters. The complexity of those structure, coupled with their offshore reach, could affect the calculus for government lawyers as they weigh how to go after Purdue, including how to calibrate demands in settlement talks.

    "The Sacklers allegedly moved significant money offshore, which potentially would make it harder for any judgment creditor to reach," said Mark Chalos, a lawyer representing counties and cities including Nashville, Tennessee, in suits against opioids makers.

    All but two U.S. states and 2,000 local governments have taken legal action against Purdue, other drugmakers and distributors. Sixteen states have sued family members by name, alleging they steered Purdue while draining more than $4 billion from the company since 2007. That's when the Oxycontin maker pleaded guilty to misleading doctors, patients and regulators about the drug's risks.

    "This is the real question and you're seeing it playing out in a lot of different states in different ways," said Elizabeth Chamblee Burch, a professor of law at the University of Georgia. "How do you make sure that they (the Sacklers) are not siphoning off those assets and hiding them away?"

    A representative for the family of Purdue co-founder Mortimer Sackler declined to comment for this story, as did a company spokeswoman. A representative for the relatives of Raymond Sackler, Purdue's other scion, did not respond to a request for comment.

    Purdue and the Sacklers have long relied on a coterie of attorneys and accountants, as well as the family's closely held ownership of the company, to keep their business and personal dealings private.

    But AP's review of court papers, securities filings by companies that have had dealings with Purdue, and documents leaked from an exclusive Bermuda law firm, show how the family has tried to protect their wealth.

    Purdue controlled through layers of limited partnerships, holding companies and trusts is at the center of the family's web. But it hardly ends there.

    In Purdue's 2007 plea agreement with federal prosecutors, it listed 215 companies under its corporate umbrella. But that list did not include a number of companies used to manage property and investments for family members or the trusts, some offshore, set up to administer their fortunes.

    Some offshore entities "appear to have served as conduits for monies from Purdue," a lawyer for New York's attorney general wrote recently to the judge presiding over the state's lawsuit.


    "Clawed back"


    New York has issued subpoenas to 33 Sackler companies, advisers and banks in the U.S., seeking details about money transferred out of Purdue.
    It is asking for court assistance to demand that four offshore entities also provide information about millions of dollars that "should be clawed back."

    Many companies set up limited partnerships and country-specific subsidiaries to cap liabilities for shareholders, and many wealthy individuals manage their investments through opaque entities.

    But an examination of the Sacklers' web shows striking complexity and a desire for secrecy, while revealing links between far-flung holdings.

    The British estate, known as Rooksnest and acquired before Purdue introduced Oxycontin, is one example.
    The manor is the domain of Theresa Sackler, widow of one of Purdue's founders and, until last year, a member of the company's board of directors. Set in the West Berkshire countryside, it includes a stone mansion that dates to the 16th century, 10 acres of formal gardens and expansive pastures for heritage cattle, red deer and wheat.

    It's run by a Bermuda company called Earls Court Farm Limited, records filed with UK authorities show. But some of the land is owned by five more companies, three also in Bermuda. Earls Court is owned by yet another offshore company. And all the companies are controlled by a trust, based on Jersey in the Channel Islands.

    Complicated ownership

    Public filings don't show who actually owns the estate, and gardeners at the site told an AP photographer they could not answer questions. But documents leaked from Appleby, a Bermuda law firm employed by numerous wealthy clients, show that the companies belong to the Sacklers, among at least 30 island-based entities controlled through family trusts.

    Indeed, the leaked documents show that the trustee of the British estate also controls a Sackler company named in U.S. securities filing as one of Purdue's two "ultimate parents."

    --------------------------

    "Wealth defense benefit"

    The Sacklers' use of offshore holding companies and trusts is telling, said Jeffrey Winters, a Northwestern University professor whose research focuses on how the powerful protect their fortunes.

    "One would not put those trusts there if you didn't see some wealth defense benefit," Winters said. "It's very hard to see what's in there and it's very hard to seize what's in there. That's the purpose."

    But David S. Neufeld, an international tax lawyer who works with wealthy clients and closely held companies, said the layered, partly offshore structure used to control Purdue, while not typical, is also not that uncommon.

    "Somewhere in this picture is a desire to limit exposure to business liabilities. That's not, in and of itself, a problem.
    That's the very nature" of setting up a corporation, Neufeld said.

    -------------------

    $13 billion net worth


    The Sacklers had an estimated net worth of $13 billion as of 2016, making them America's 19th-richest family, according to Forbes magazine. One of their largest holdings outside pharmaceuticals appears to be an estimated $1.7 billion portfolio in a family company, Cap 1 LLC, that recently sold a stake in 17 U.S. ski resorts.

    Massachusetts, New York and other states are alleging that the family has worked methodically to move money out of Purdue to insulate their fortune.

    -----------------------

    At a meeting in December 2010, for example, the Sacklers and other board members approved the withdrawal of $261.3 million from Purdue, according to company records recently made public in the Massachusetts case, the first to name individual family members. Until recently, eight Sacklers served on Purdue's board.

    The board instructed that the money be passed through three layers of holding companies, then split equally between Beacon Co. and Rosebay Medical Co., the other "ultimate parent" of Purdue. Both are controlled by Sackler trusts.


    "Do you know whether any of these sums distributed between 2008 and 2011 made their way into any bank account over which you had control?" an attorney asked Dr. Kathe Sackler, one of the family members who approved the transfers, during a deposition this past April.

    "I hope so," she answered, according to a partial transcript recently made public in court filings. "I think so."

    Taking money out of the business

    The family's withdrawal of substantial sums from Purdue was noted by Dr. Richard Sackler, the former president and chairman, in a 2014 email to his sons, filed as an exhibit in court proceedings.

    "In the years when the business was producing massive amounts of cash," he wrote, "the shareholders departed from the practice of our industry peers and took the money out of the business."

    He did not need to remind his sons that the only shareholders of Purdue are Sacklers.

    It is not clear where the money drawn from Purdue ended up. New York's attorney general alleges that the Sacklers sent it offshore to "unknown trusts, partnerships, companies" and other entities they control.

    The possibilities are numerous. When family members directed payments to Rosebay Medical, for example, the company served as much more than a parent of Purdue. It is also the owner-of-record for Sackler companies spread from Poland to New Zealand, corporate registries in those countries show.

    $22.5 million mansion

    Rosebay is run from an office in Oklahoma City that manages many family holdings. When David Sackler, son of one of Purdue's founders, paid $22.5 million last year for a mansion in Los Angeles' Bel Air neighborhood, the executive who administers Rosebay served as his representative for the purchase.

    Lawsuits allege that the Sacklers' money management decisions were framed by their awareness of state investigations of Purdue.

    "Despite this knowledge, the Sackler defendants continued to vote to have Purdue pay the Sackler Families significant distributions and send money to offshore companies," Nevada's lawsuit says.

    Family members voiced concerns about threats to their holdings.

    "While things are looking better now," Mortimer D.A. Sackler wrote to his cousins months after Purdue's 2007 guilty plea, and quoted in Connecticut's lawsuit, "I would not count out the possibility that times will get much more difficult again in the future and probably much sooner than we expect."

    ---------------------
    Oklahoma settlement

    Purdue agreed in March to a $270 million settlement with the state of Oklahoma to avoid going to trial. That included $75 million from the Sacklers.

    A federal judge in Cleveland overseeing suits by local governments has pushed all parties to work toward a nationwide settlement. The resulting negotiations have included representatives for some of the state attorneys general who have filed suit.

    The first federal trials are scheduled to start in October. Unless there's a settlement, family members could face more questions about their decisions to move money out of Purdue, some of it offshore.

    [...] Bankruptcy issues

    If Purdue files for bankruptcy, all the company's assets would be considered fair game for creditors. But the company's coffers are separate from the family's own wealth.

    Unless a state had already won their case by that point, a bankruptcy filing by Purdue would put lawsuits against it on hold,
    said Jessica Gabel Cino, a professor of law at Georgia State University.

    As states decide how to proceed, they could find lessons in efforts to recover money lost in broker Bernard Madoff's infamous Ponzi scheme.

    A court-appointed trustee has long sought money Madoff paid out to investors in offshore "feeder funds," using cash others entrusted to him. Madoff was arrested in December 2008. But just this February, a federal judge ruled that the money Madoff directed offshore had to be returned.

    The ruling, though, is likely to be appealed.

    https://www.cbsnews.com/news/purdue-...-opioid-maker/
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  12. #12
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    Quote Originally Posted by Buick Electra View Post
    [B][COLOR="red"]How Purdue Pharma's Sackler family hid their cash
    So in a nut shell they were nothing but legal drug dealers complete with money laundering, etc., wonder if they were involved in human trafficking as well?
    People are quick to confuse and despise confidence as arrogance but that is common amongst those who have never accomplished anything in their lives and who have always played it safe not willing to risk failure.

  13. #13
    Trusts and off-shore accounts are an old way of keeping money "in the family" as is the formation of a corporation to protect personal wealth and keep it separated from the businesses assets and liabilities.

    But the same laws that can allow a small business start-up without too much risk to the family home can be severely abused when it gets to the level of multi-billion of dollars.

    At some point, the laws may need to be revised especially for family own corporations - perhaps more protections for people on the small end (to encourage the creation of small businesses) but tightening it up on the higher ends (say over 5 million to 10 million dollars) to make it harder to just hide things and/or directly launder money from the business to the personal family trusts and accounts.
    expatriate Californian living in rural Ireland with husband, dogs, horses. garden and many, many cats

  14. #14
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    The Slacker Family, owners of Perdue Pharma, his their company's wealth overseas so they wouldn't have to pay out copious amounts to families, states, and companies suing them.


    Well, that's a fine-how-do-you-do!! Now what? I'm betting they will go after the doctors that prescribed, nurses that administered, pharmacies that fill and even the FedEx guy that delivered! In the end, it will only be the lawyers that come out of this with anything.
    Needs more cowbell.
    "The Constitution only gives people the right to persue happiness. You have to catch it yourself." --Benjamin Franklin
    Proud member of fly-over country

  15. #15
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    Quote Originally Posted by Josie View Post
    The Slacker Family, owners of Perdue Pharma, his their company's wealth overseas so they wouldn't have to pay out copious amounts to families, states, and companies suing them.


    Well, that's a fine-how-do-you-do!! Now what? I'm betting they will go after the doctors that prescribed, nurses that administered, pharmacies that fill and even the FedEx guy that delivered! In the end, it will only be the lawyers that come out of this with anything.

    Like I said these people are nothing more than drug dealers... they got away with it because they hide behind the auspices of a corporate name. If the money were followed far enough they're probably also involved with the illegal shit that's brought into the country.
    People are quick to confuse and despise confidence as arrogance but that is common amongst those who have never accomplished anything in their lives and who have always played it safe not willing to risk failure.

  16. #16
    So someone please inform me how folks are able to acquire this online.
    https://buyheroinonline.se/product/b...powder-online/

  17. #17
    Quote Originally Posted by summerthyme View Post
    As I've written multiple times before, they also blatently LIED about the addiction potential, telling doctors (who then passed on the lies to their patients, who had no reason to disbelieve them) that because the drug held "steady levels" in the bloodstream (it didn't) it would be abused less and wouldn't cause abuse and addiction like the "take as needed every 4 hour" pills.

    Believe me, I'm all for personal responsibility (and I personally have had enough experience with opiates for severe pain I would have been *extremely* skeptical of the claims), but in this case, the company should be shut down, it's patents distributed to competitors, and its executives and the marketing team (amd especially the "researchers" who gave the company the exact results they demanded) should get tossed into prison for life for mass murder.
    . . . and, don't forget legal claw-backs of their ill-gotten gains, from all convicted individuals involved.


    intothegoodnight
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    Rage, rage against the dying of the light."

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