Attorney General James secures $ 50 million for opioid reduction from drugmaker Endo Health Solutions

Endo was separated from an ongoing opioid trial in Suffolk County,
The trial against two other defendants is still ongoing

AG James has now made deals that could bring in up to $ 1.5 billion
Opioid Manufacturers, Distributors and Consultants in NYS

NEW YORK – New York Attorney General Letitia James today announced a deal with Endo Health Solutions that will immediately provide $ 50 million to tackle the ongoing opioid epidemic and pull the opioid maker out of business. opioid trial underway in New York, currently pending before the Suffolk County State Supreme Court. The funds will be transferred to New York State and Nassau and Suffolk counties today and will be used to further fund prevention, treatment and recovery programs.

“Every dollar we receive today from an opioid manufacturer is another dollar that can be spent to fight the current opioid crisis and potentially save the life of another New Yorker,” said Attorney General James. “For more than two decades, the opioid epidemic has wreaked havoc in countless communities across New York City and the rest of the country, killing hundreds of thousands of friends and family and rendering dependent on millions of others. Like other opioid makers, Endo distributed opioids regardless of the national crisis they were helping fuel. But today we hold them accountable for their illegal conduct in New York State and are recovering $ 50 million which will go towards prevention, treatment and recovery programs. Over the past several months, our office has negotiated up to $ 1.5 billion in New York City alone, which will stop further death and destruction. While no amount of money will ever make up for the millions of addictions, the hundreds of thousands of deaths, or the countless families torn apart by opioids, that money will be vital in preventing future devastation.

In March 2019, Attorney General James filed the nation’s largest lawsuit to hold the various manufacturers and distributors responsible for the opioid epidemic accountable. The manufacturers named in the complaint included Purdue Pharma and its affiliates, as well as members of the Sackler family (owners of Purdue) and trusts they control; Janssen Pharmaceuticals and its subsidiaries (including its parent company Johnson & Johnson); Mallinckrodt LLC and its affiliates; Endo Health Solutions and its affiliates; Teva Pharmaceuticals USA, Inc. and its subsidiaries; and Allergan Finance, LLC and its affiliates. The distributors named in the complaint were McKesson Corporation, Cardinal Health Inc., Amerisource Bergen Drug Corporation and Rochester Drug Cooperative Inc.

The cases against Mallinckrodt and Rochester Drug Cooperative are now proceeding separately in the United States bankruptcy court. In June, a settlement ending the sale of opioids by Johnson & Johnson nationwide that will bring in $ 230 million in New York City alone was announced. In July, an agreement with McKesson, Cardinal Health and Amerisource Bergen that will provide up to $ 1 billion to New York State to fight the opioid epidemic was announced. The deals with Johnson & Johnson, McKesson, Cardinal Health and Amerisource Bergen are worth around $ 26 billion overall. Earlier this month, a settlement that secured more than $ 4.5 billion – of which at least $ 200 million will go to New York – from the Sackler family and the foundations they control, put The Sacklers’ ability to re-manufacture opioids and shut down Purdue Pharma has been announced to end.

The trial against the two remaining defendants – Teva Pharmaceuticals USA and Allergan Finance – is currently ongoing and will continue in state court.

Of the $ 50 million negotiated under today’s deal, $ 22.3 million will go to New York State, with the remaining $ 27.7 million being split evenly among the Counties of Nassau and Suffolk. Additionally, if Endo files for bankruptcy or a global settlement is reached between the company and a larger group of plaintiffs, neither the State of New York, nor the counties of Nassau or Suffolk will be precluded from receiving a share. amount to which they would be entitled under such bankruptcy or comprehensive settlement.

Under new legislation establishing the Opioid Settlement Fund, the $ 22.3 million distributed today to New York State will be used to reduce spending in communities devastated by the opioid epidemic, not the general state fund.

Additionally, today’s deal does not release Endo from any claims by the New York State Department of Financial Services or a number of plaintiffs still suing the company in New York State.

Separately, but in connection with his opioid work, last February, Attorney General James co-led a coalition of nearly every attorney general in the country, issuing more than $ 573 million – including more than $ 32 million were destined for New York State – towards opioid treatment and reduction in an agreement and consent judgment with McKinsey & Company. The deal with one of the world’s largest consulting firms resolved investigations by attorneys general into the company’s role in its work for opioid companies, helping these companies promote their drugs and profiting million dollars from the opioid epidemic.

At the New York Attorney General’s office, this case was led by Senior Deputy Attorney General Jennifer Levy, Senior Advisor and Special Advisor Mr. Umair Khan, and the former Legal Advisor for Opioids and Impact Litigation David Nachman, with additional support from the Assistant Attorney General. Louis Testa of the Bankruptcy Litigation Unit. The settlement was also prompted by work led by Senior Enforcement Counsel John Oleske and Deputy Attorney General Monica Hanna, as well as Assistant Attorneys General Conor Duffy, Carol Hunt, Diane Johnston, Leo O’Toole, Jeremy Pfetsch, Noah Popp, Michael Reisman and Lois Saldana; project lawyers Wil Handley, Stephanie Torre and Eve Woodin; Paralegal Ketty Dautruche; Legal Assistant David Payne; director of research and analysis Jonathan Werberg; Data Scientist Gautam Sisodia; Data Analyst Anushua Choudhury; IT specialists Hewson Chen and Paige Podolny; and Kristin Petrella, Electronic Discovery Document Review Specialist.