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    Sacklers deny responsibility for opioid crisis and claim lawyers ‘invented false narrative’

    A branch of the Sackler family has launched a website denying responsibility for the US opioid epidemic even after agreeing to pay billions of dollars to settle lawsuits over the crisis.The website, called Judge for Yourselves, claims that the family and the company it owns, Connecticut-based Purdue Pharma, are victims of a smear campaign by lawyers seeking to profit from a “strategically invented false narrative” that the firm’s high-strength prescription painkiller, OxyContin, drove an epidemic that has ultimately claimed more than 500,000 lives over the past two decades.It says the Sackler family regrets that the drug “unexpectedly became part of the opioid crisis” but that those members who ran Purdue “acted lawfully and ethically”.However, the site also downplays Purdue’s guilty pleas to federal crimes on two occasions, in 2007 and last year, over its huge marketing push to sell OxyContin to the masses, which included false claims that the drug was less addictive than other narcotic painkillers.It claims that the family is prepared to hand over a part of its fortune, even though it insists there was no wrongdoing, because it “does not want funds available for a public benefit to be consumed by attorneys’ fees”.The publicity campaign by the branch of the family descended from Raymond Sackler, one of two brothers who owned Purdue Pharma when the company entered the opioid painkiller market, comes amid accusations that it is misusing bankruptcy proceedings to keep hold of some of the billions of dollars the family made from OxyContin.Last week a judge approved a plan for the two branches of the Sackler family who have made their multibillion-dollar fortune from OxyContin to pay $4.5bn to settle more than 3,000 civil lawsuits. The plan would also turn Purdue Pharma into a non-profit company.But, in a highly unusual move, the deal would shield the Sacklers from further lawsuits, although not criminal prosecutions, and allow them to keep billions of dollars in profits from opioids even though the family itself has not sought bankruptcy.The publicity drive also follows publication of a damning biography of the family, Empire of Pain by the New Yorker writer, Patrick Radden Keefe.The Sacklers said the website was intended to counter “the many false allegations” by lawyers seeking to “vilify Purdue and the Sackler family”.At the core of the denial is a selective use of statistics to assert that OxyContin never accounted for more than 4% of prescription opioid sales in the US and therefore could not have been a cause of the epidemic.Analysts have called the claim “a legal and a public relations strategy” that cherry-picked data on the sales of individual pills without taking account of the impact of their high narcotic content or their leading role in creating addiction.When the amount of opioid in the drugs is taken into account, OxyContin accounted for about 20% of the market.The Sacklers’ claims are at odds with a wide body of studies into the roots of the epidemic.In 2017, Donald Trump’s presidential Commission on Combatting Drug Addiction and the Opioid Crisis said Purdue’s “aggressive promotion” of OxyContin, and its broader impact on the use of opioids for pain treatment, was a leading cause of the epidemic.Two years ago, the National Bureau of Economic Research released a study of the impact of OxyContin which concluded that “the introduction and marketing of OxyContin explain a substantial share of overdose deaths over the last two decades”.Purdue used its wealth to influence politicians and regulators, keeping open the floodgates to ever larger prescribing of opioids in the US, far beyond other developed countries, even as the evidence grew of a public health crisis in the making.The billionaire Sacklers face a struggle to restore the reputation of a family whose name is stamped on museums, art galleries and medical centres around the world thanks to their large donations from the profits of OxyContin.Raymond Sackler sat on Purdue’s board from 1990 until his death in 2017. His son, Richard Sackler, was the company’s head of marketing and ramped up sales of OxyContin while painting people who overdosed on the drug as criminals to blame for their own condition.At hearings last year, one member of Congress referred to the Sacklers who own Purdue as the “most evil family in America”, after Kathe Sackler, a powerful former member of Purdue’s board, drew scorn when she said that while “my heart breaks for the parents who have lost their children”, the company was not at fault.“There’s nothing that I can find that I would have done differently,” she said.Chris McGreal is the author of American Overdose, The Opioid Tragedy in Three Acts More

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    Empire of Pain review: the Sacklers, opioids and the sickening of America

    By 2016, opioids had torn a piece out of Appalachia and the rust belt. The deep drop in life expectancy among white Americans without four-year degrees would no longer be ignored. OxyContin, Purdue Pharma’s highly addictive painkiller, helped elect Donald Trump.In Empire of Pain, Patrick Radden Keefe methodically and meticulously chronicles this tale of woe and crisis, indifference and corruption. His Secret History of the Sackler Dynasty lays bare the price exacted by the family’s drive for wealth and social mountaineering.The Sackler name came to dot the Metropolitan Museum of Art, the Smithsonian, Tate Modern and the Louvre. They rose – others paid dearly.Keefe is a veteran writer at the New Yorker. His 2019 bestseller, Say Nothing, chillingly examined the convergence of youth, zealotry and destruction in Northern Ireland. He even solved the mystery behind a disappearance.Like Say Nothing, Empire of Pain is drenched in misery, this time the byproduct of OxyContin, the go-to drug for Purdue. Since 1999, opioid-related deaths have risen more than fivefold. By the numbers, opioids have killed more than 450,000 in the US in two decades.Keefe’s book builds upon The Family that Built an Empire of Pain, a 2017 long read. Empire of Pain is filled with firsthand interviews and takeaways from confidential and original documents. It is a chilling and mesmerizing read, “substantially built on the family’s own words”. Which is what makes it so damning.The Sacklers did not cooperate. Indeed, they sought to derail publication. Keefe raises the possibility he was placed under surveillance, an attempt to intimidate him and his family. Nonetheless, the Sacklers’ indifference and smugness rise off the pages like steam from a sewer.In one 1996 email, Richard Sackler, Purdue’s chairman and president, demands the company become as feared as a “tiger with claws, teeth and balls”. Asked repeatedly at deposition years later if Purdue played any role in the opioid crisis, he steadfastly answers: “I don’t believe so.”A cousin, Kathe Sackler, actually boasts that OxyContin was a “very good medicine” and a “safe medicine”. She also claims credit for coming up with the “idea”. But she doesn’t end there.Confronted with the question, “Do you recognize that hundreds of thousands of Americans have become addicted to OxyContin?”, she can only muster: “I don’t know the answer to that.”The drumbeat surrounding the monster birthed by Purdue is as old as the century itself. Barry Meier, then of the New York Times, published Pain Killer: An Empire of Deceit and the Origin of America’s Opioid Epidemic, in 2003.Yet faced with pushback from Purdue and the Sacklers, the powers that be swept the crisis under the rug. Even the Times came down with a case a temporary case of cold feet.In 2007, under George W Bush, the US justice department only delivered a relative slap on the wrist. The Sacklers, major Republican donors, had unleashed a full-scale counter-attack starring Rudy Giuliani, Mary Jo White, formerly in charge of the southern district of New York and the Securities and Exchange Commission, and a bevy of high-priced legal talent.Strings were seemingly pulled, career prosecutors’ findings and recommendations discounted and binned. Purdue agreed to pay $600m to resolve a felony charge of misleading and defrauding physicians and consumers. Three executives entered guilty pleas and agreed to $34.5m in penalties. None of the individuals criminally charged were Sacklers.In the words of a former DoJ lawyer, this was “a political outcome that Purdue bought”. The company named its in-house law library after one of the designated-offenders and paid millions in post-employment compensation: a reward for taking a bullet for the team.Paul McNulty, then deputy attorney general, helped handcuff justice. John Brownlee, the federal prosecutor for the western district of Virginia, clashed with McNulty over the disposition of the case. Word spread that Brownlee’s job tenure was shaky. He resigned in April 2008. For the record, James Comey, McNulty’s predecessor as deputy AG, resisted Purdue’s entreaties.Among hundreds of interviews, Keefe spoke to Brownlee and Rick Mountcastle, the line prosecutor and career lawyer who handled the case. Still at DoJ, Mountcastle raises the possibility Purdue had an inside man at the Food and Drug Administration who enabled OxyContin in exchange for the prospect of future employment.Based on a 1995 email, Mountcastle began to suspect that Curtis Wright, then an FDA examiner, had turned a blind eye to the dangers posed by OxyContin. Purdue would later tap Wright to be an executive director. In 2003, Wright testified that he still believed addiction to OxyContin was “rare”.“I think there was a secret deal cut,” Mountcastle tells Keefe. “I can never prove it, so that’s just my personal opinion. But if you look at the whole circumstances, nothing else explains it.”Regardless, the FDA helped pave the way for an opioid epidemic. Dr David Kessler, FDA commissioner when OxyContin received the agency’s approval, acknowledged “certainly one of the worst medical mistakes”.Donald Trump spoke of the toll of the opioid crisis but in 2020, as election day loomed, his Department of Justice announced a “global resolution” of the government’s investigation into Purdue and the Sacklers. By then, the company was in bankruptcy and the target of a barrage of civil lawsuits.The Sacklers agreed to pay a $225m civil penalty, little more than the 2% they had taken from Purdue. But no one would be prosecuted. Asked why the government had not brought criminal charges against the Sacklers, Jeffrey Rosen, Bill Barr’s deputy attorney general, declined to say.The government, Keefe writes, was “so deferential toward the Sacklers that nobody even bothered to question them”. More

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    Walmart sued by US over alleged role in fuelling America's opioid crisis

    The US Department of Justice filed a lawsuit against Walmart on Tuesday, alleging that the retail giant filled “thousands of invalid prescriptions” for powerful painkillers, helping fuel America’s opioid crisis.Walmart runs more than 5,000 pharmacies across the country. Until 2018, the chain was a wholesale distributor of controlled substances for its own pharmacies, giving it extensive reach into many communities.The civil complaint points to the role Walmart’s pharmacies may have played in the crisis by filling opioid prescriptions and by unlawfully distributing controlled substances to the pharmacies during the height of the opioid crisis.“As a nationwide dispenser and distributor of opioids, and given the sheer number of pharmacies it operates, Walmart was uniquely well positioned to prevent the illegal diversion of opioids,” the 160-page civil suit, filed in Delaware federal court, said.“Yet, for years, as the prescription drug abuse epidemic ravaged the country, Walmart abdicated those responsibilities,” the suit added.In response, Walmart said the suit was “riddled with factual inaccuracies”.The DoJ document said the company “knowingly violated well established rules requiring it to scrutinize controlled-substance prescriptions to ensure that they were valid – that is, issued by prescribers in a legitimate manner for legitimate purposes, not for purposes of abuse or other diversion,” the suit continued. While Walmart was legally required to check potential red flags, it “made little effort to ensure that it complied with them”.Instead, Walmart made it hard for pharmacists to abide by these regulations. Managers pressured pharmacists to fill high volumes of prescriptions as quickly as possible “while at the same time denying them the authority to categorically refuse to fill prescriptions issued by prescribers the pharmacists knew were continually issuing invalid prescriptions”, the complaint charged.Even though Walmart’s compliance arm had amassed extensive information showing that people were repeatedly trying to get invalid narcotic prescriptions filled, the unit kept that data from pharmacists, authorities also said.Walmart filled prescriptions from prescribers who its own pharmacists had “repeatedly reported were acting as egregious ‘pill mills’ – even when Walmart was alerted that other pharmacies were not filling prescriptions for those prescribers. In fact, some of those pill-mill prescribers specifically told their patients to fill their prescriptions at Walmart.”So intense were the pressures on pharmacists that managers told them to “[h]ustle to the customer, hustle from station to station” because completing prescriptions “is a battle of seconds”, federal authorities alleged.As early as 2013, Walmart adopted a plan that used the number of prescriptions processed by an employee’s store as a factor in determining if the pharmacy staffer “was entitled to monetary incentive awards”.The DoJ contends that Walmart has committed “hundreds of thousands of violations” of the Controlled Substances Act. If Walmart is found liable for violating this act, each unlawfully filled prescription could result in a $67,627 penalty. Each suspicious order that was not reported to authorities could result in a penalty of up to $15,691. Civil penalties could reach “billions”, the DoJ said.More than 232,000 people died in the US from opioid-involved overdoses between 1999 and 2018, according to the DoJ.In a statement, Walmart said that the DoJ’s investigation was “tainted by historical ethics violations, and this lawsuit invents a legal theory that unlawfully forces pharmacists to come between patients and their doctors, and is riddled with factual inaccuracies and cherry-picked documents taken out of context”.“Blaming pharmacists for not second-guessing the very doctors the Drug Enforcement Administration (DEA) approved to prescribe opioids is a transparent attempt to shift blame from DEA’s well-documented failures in keeping bad doctors from prescribing opioids in the first place,” the company said.Walmart recently sued the DoJ and DEA, alleging that authorities wrongly ascribed blame to the company. The retailer’s suit wants a federal judge to determine that the government doesn’t have grounds to pursue civil damages, according to the Associated Press. More

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    'An evil family': Sacklers condemned as they refuse to apologize for role in opioid crisis

    House committee is investigating Purdue Pharma and billionaire family’s role in epidemic that has killed almost 500,000 AmericansTwo members of the billionaire Sackler family that owns Purdue Pharma, the US pharmaceutical manufacturer of the prescription painkiller OxyContin, refused to apologize for their role in the opioids crisis that has killed almost half a million Americans, during a hearing in Washington on Thursday. Continue reading… More