*
Proposed deal has not yet been reviewed by most of
Purdue's
creditors
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Key terms of the deal to be revealed next week, attorney
says
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Settlement will allow opt-out for those that prefer to sue
Purdue owners
By Dietrich Knauth
NEW YORK, Jan 24 (Reuters) - Purdue Pharma said on
Friday it needs more time to build support for a new $7.4
billion settlement that could complete the company's years-long
effort to resolve thousands of lawsuits over its addictive pain
medication OxyContin.
The company still needs to hammer out remaining details and
seek buy-in from states, local governments, and other creditors
that have sued the company and its Sackler family owners over
their roles in the deadly U.S. opioid epidemic.
Purdue attorney Benjamin Kaminetsky said at a court hearing
in White Plains, New York that the company is "almost there" on
a deal that was announced on Thursday by several states'
attorneys general and would propose a formal bankruptcy plan
before the end of February.
U.S. Bankruptcy Judge Sean Lane, who is overseeing Purdue's
Chapter 11 proceedings, said the company is making concrete
progress toward a deal and approved its request to pause all
opioid lawsuits against the Sacklers at least until the end of
February.
The bankruptcy case has stopped litigation from proceeding
against the Sacklers and Purdue, since the company entered
Chapter 11 in 2019, and Lane has granted several short-term
extensions of the litigation ceasefire in recent months.
"We've been doing this for some time now, and the hope is
that we're getting toward the end," Lane said on Friday.
Purdue filed for bankruptcy in 2019 in the face of thousands
of lawsuits accusing it and Sackler family members of fueling
the epidemic through deceptive marketing of OxyContin. Drug
manufacturers, distributors, pharmacy operators and others have
collectively agreed to pay about $50 billion to resolve similar
lawsuits and investigations related to the U.S. opioid crisis.
The new deal, supported by 15 states, offers the company a
fresh chance to conclude its long-running bankruptcy after the
U.S. Supreme Court scuttled its previous opioid settlement. But
it faces a long and uncertain road before the settlement is
approved and funds can begin flowing to states, communities and
individuals that were harmed by the crisis.
The deal has not yet been reviewed by most of Purdue's
creditors, including the states, local governments, and
individuals that have legal claims against the Sacklers.
Key terms of the settlement will be published next week,
said David Nachman, an attorney representing New York state. The
states that negotiated the deal, including New York, California,
Texas and West Virginia, are circulating it to other states to
encourage them to support the deal.
"We have work to do to build that consensus, and we are
confident that we will be able to do so," Nachman said.
The new settlement comes seven months after the Supreme
Court ruled that the Sacklers, who did not file for bankruptcy
themselves, were not entitled to sweeping legal protections
meant to give bankrupt debtors a fresh start.
The settlement does not fully shut off lawsuits from states,
local governments, or others who would prefer to opt out of the
deal and instead sue the Sacklers, who have said they would
vigorously defend themselves in court.
The deal is not yet binding even for the 15 states that
negotiated it. West Virginia currently supports the deal, but it
retains the ability to opt out and litigate separately,
according to a spokesman for attorney general John McCuskey.
Lane said creditors, including individuals who were
personally harmed by the opioid crisis, will need to be patient
as the settlement develops.
"People need to know what benefits the bankruptcy case can
bring them before they decide whether other options are the best
way to proceed," Lane said.