W.Va. First Foundation Picks Director

West Virginia Attorney General Patrick Morrisey named Johnathan Board as the executive director of the West Virginia First Foundation (WVFF). 

The state foundation that will distribute nearly $1 billion in opioid settlement money finally has a director. 

West Virginia Attorney General Patrick Morrisey named Johnathan Board as the executive director of the West Virginia First Foundation (WVFF). 

“As neighbors, we recognize when there’s a problem in one place of the state, it’s a problem in another place,” he said. “And West Virginians are very good neighbors. And so we’re privileged to look out for each other.”

Board’s background includes external and governmental affairs, program management and substance use disorder (SUD) policy, financial oversight and fundraising. 

He has served in many capacities as executive director, CEO, director and chairman of the board of businesses and nonprofits, most recently serving as vice president of external affairs for Vandalia Health.

Board graduated with a law degree from West Virginia University (WVU) in 2009 and holds a Bachelor of Science degree from Fairmont State University, 2004.

The WVFF board consists of 11 members — six elected by each region and five appointed by the governor. Board will run the day to day operations of the foundation.

“This is a major step toward healing the battered communities in this state caused by the opioid epidemic,” Morrisey said. “I am confident that with Jonathan’s expertise and dedication to this cause, our mission to heal the wounds of the past is on solid ground.”

Through settlements from various lawsuits with opioid manufacturers and distributors, West Virginia stands to gain about $1 billion over the next 10 to 15 years to be spent for recovery and prevention programs.

To ensure the money is used correctly, the West Virginia Legislature created the West Virginia First Foundation to distribute those settlement funds.

The foundation will handle 72.5 percent of the state’s settlement funds, while 24.5 percent will go to local governments. The remaining 3 percent will be held by the state in escrow to cover any outstanding attorney’s fees.

Board was previously elected to the WVFF to represent Region 4. That region includes Barbour, Braxton, Doddridge, Gilmer, Harrison, Lewis, Marion, Monongalia, Preston, Randolph, Taylor, Tucker and Upshur counties. That region will now have to pick a new representative. 

He was planning to run for the state Senate as well, but his campaign website consists of a letter announcing that he is suspending his campaign.

Senate Passes Bill To Teach Adolescents Dangers Of Fentanyl

The bill, known as Laken’s Law, is named after Morgan Laken, who died from a fentanyl overdose in 2021. It requires students to be taught about fentanyl, heroin, and opioid awareness, prevention and abuse, addiction, community resources, substance abuse among young people, and how to administer opioid reversal agents like Narcan. The instruction will begin in the 2024-2025 school year. 

The Senate passed a bill Saturday that would mandate public schools to teach about fentanyl in grades 6-12. 

The bill, known as Laken’s Law, is named after Morgan Laken, who died from a fentanyl overdose in 2021. It requires students to be taught about fentanyl, heroin, and opioid awareness, prevention and abuse, addiction, community resources, substance abuse among young people, and how to administer opioid reversal agents like Narcan. The instruction will begin in the 2024-2025 school year. 

Sen. Mike Caputo, D-Marion, said that likely if Laken had known the dangers of fentanyl she might still be alive. 

“(She) would have never chosen to leave that beautiful baby of hers, and that beautiful family of hers,” Caputo said. “So maybe… maybe we can help the future of West Virginia. You know, I’ve always said we teach our kids at a very early age not to play with matches. And it works. We’ve got to spend more time teaching them about fentanyl.”

Laken’s mother, father, and four-year-old daughter watched as the bill was passed in the Senate. 
The bill passed unanimously in both the Senate and the House of Delegates , and now heads back to the House to consider Senate changes.

Federal, State And Local Officials Warn Against ‘Tranq Dope’

Federal authorities are calling the emergence of fentanyl mixed with xylazine a public safety threat.

The U.S. Drug Enforcement Administration issued an alert Monday warning of a “sharp increase in the trafficking of fentanyl mixed with xylazine,” which is also known as “tranq” or “tranq dope.”

Xylazine has flown under the radar of federal officials because of its status as a veterinary drug. Meaning, it is not a controlled substance and therefore not subject to review by federal authorities.

The United States Food and Drug Administration (FDA) originally approved xylazine in 1972 as a sedative and analgesic for use in veterinary medicine.

Xylazine is a non-opioid agent that’s been linked to a growing number of overdose deaths across the country. As a non-opioid, the drug poses a threat to humans in part because it does not respond to typical revival methods like Narcan.

Leigh Brooks, the medical director of the medically assisted treatment program at Bluestone Primary Care in Princeton, W.Va., has seen firsthand the effects that xylazine and other novel psychoactive substances (NPS) have had on people’s lives.

“I see a positive xylazine test, probably one or two a week and this has been since August of 2022,” Brooks said. “But we do know that some of the side effects that happens, like dry mouth, they get drowsy, at first, an increase in blood pressure and increase in heart rate, then heart rate, lowers blood sugar goes up, patients develop hypothermia, and then they go into respiratory distress. And also at the injection site, they can get necrotic tissue.”

Federal authorities are calling the emergence of fentanyl mixed with xylazine a public safety threat.

Joshua Schrecker is the Senior Director of Clinical Affairs at Aegis Sciences Corporation, a toxicology and medication monitoring laboratory that has been tracking the use of xylazine for years.

“We had the prescription opioid epidemic, and then it became the illicitly manufactured fentanyl epidemic,” Schrecker said. “And now we’re seeing adulteration of illicit opioids, traditional illicit substances, like cocaine, with sort of a hodgepodge, or mixing of drugs.”

The DEA reported 23 percent of fentanyl powder contained xylazine in 2022. Despite this alarming report and many others about the rise of xylazine, federal, state, and local law enforcement do not have the tools necessary to effectively monitor its spread or put prevention measures in place.

On Tuesday, federal lawmakers, including Sens. Shelley Moore Capito and Joe Manchin, introduced the “Combating Illicit Xylazine Act” to classify the drug as a controlled substance, among other measures.

The Combating Illicit Xylazine Act, if passed, would:

  • Classify its illicit use under Schedule III of the Controlled Substances Act.
  • Enable the DEA to track its manufacturing to ensure it is not diverted to the illicit market.
  • Require a report on the prevalence, risks, and recommendations to best regulate the illicit use of xylazine.
  • Ensuring all salts and isomers of xylazine are covered when restricting its illicit use.
  • Declaring xylazine an emerging drug threat.

Xylazine is essential in veterinary medicine with large animals. According to Sen. Manchin this legislation would not infringe upon the rights of veterinarians, farmers, cattlemen or ranchers. 

“In the last year, more than 106,000 Americans and 1,400 West Virginians died from drug related overdoses,” Manchin said. “It’s heartbreaking to lose so many of our fellow Americans and West Virginians to this devastating epidemic, and Congress must take meaningful action to address the crisis, which includes the surging threat of the highly dangerous xylazine drug. I’m proud to introduce this bipartisan, bicameral legislation to ensure our law enforcement agencies have the tools they need to monitor and control the spread of illicit xylazine, while ensuring its continued access for veterinary medicine.”

Jan Rader Discusses Her Career And The State Of Public Health In Huntington

After 27 years of service, Huntington’s Fire Chief, Jan Rader, is stepping down and transitioning to another role with the city. After officially becoming Huntington’s Fire Chief in 2017, Rader gained global recognition for her approach toward overcoming the opioid epidemic. She spoke with David Adkins to discuss her career serving the public.

This interview has been lightly edited for clarity. 

David Adkins: With redefining the role of a first responder, you once said it needs to change from cavalry to something else. In what ways has that role been redefined during your tenure?

Jan Rader:  Any first responder role is going to evolve over time because the world evolves, and we have to keep up with that. We need more education, when it comes to what addiction really is and how it affects people. We need more education on how we can refer people to services, things of that nature, and we also need education on mindfulness and keeping ourselves healthy mentally. Because people working today in the first responder role, they’re seeing overdoses of their friends, people they went to high school with, maybe family members, so it affects them in a very deep way versus not going on overdose calls.

David Adkins: With the introduction of COMPASS, which is a wellness program for first responders, how do you think that has helped?

Jan Rader: It’s been amazing and I actually got to be a part of that on the ground level. I’ve seen a need for years and I think that we’re showing first responders throughout the country in the world that it’s okay to take care of yourself even though you know you’re kind of like a superhero without the cake. But if we’re not safe, physically and mentally, then how can we help others?

David Adkins: There’s been a lot of collaboration interdepartmentally, with the fire department, the Huntington health department, and quick response teams. That’s a group of people with different fields that are collaborating together. What is the importance of that collaboration going forward?

Jan Rader: What we’re doing is working, we are making a difference, and that started with the leadership of Mayor Williams. He has guided us and shown us how great it can be to collaborate and partner with other agencies. We’re all in this together. It’s going to take all of us working together. And we have to be able to guide people to the programs that they need to get help. No one department, no one organization can do it alone. So we must work together, and we have and we involve the faith community in everything, and that’s amazing as well.

David Adkins: And having that community involvement for responding to the opioid crisis, that gives people the support system they need.

Jan Rader: It’s so needed. It’s so needed. We have people come here to see what we’re doing from all over the country, and even from other countries, to see how it’s working, and they all comment on the collaboration and the partnerships that we have formed.

David Adkins: A lot of people, when they think about our city, they think of some sort of infamy.

Jan Rader: But look at us West Virginians now. We’re working together and we’re making headway in a very difficult situation. We’re the city of solutions.

David Adkins: How does it feel to be the city of solutions, kind of more of a beacon of positivity and innovation?

Jan Rader: It feels good. You know, it doesn’t take a lot of energy to do the right thing, and that’s what we’re doing. We’re doing the right thing.

David Adkins: Greg Fuller was announced as the new chief. What are your thoughts?

Jan Rader: Greg and I have been friends for years. In fact, he was my chief for 10 years on the fire department. And I was very sad when he decided to retire. He’s a gentleman who has many connections. He has an incredible amount of knowledge when it comes to leadership and dealing with budgets, and he has many connections in the federal government and the state government. He’s just a great guy. He’s a good fit.

David Adkins: You gave your life to public service. What has that been like?

Jan Rader: I feel good about it. I think that I was raised by two very caring parents who taught me that you help those who can’t help themselves. Even if you are not rich yourself, you help others. And that’s how we grew up, and I think we’re all here to help each other, lift each other up. And you know, I think we make a difference when we do that. So I feel good about it. It’s surreal coming to the end of a 27 and a half-year career. It’s a very odd feeling, but it’s time and I love the Huntington Fire Department. I will continue to be their biggest cheerleader, they do amazing things day in day out, sometimes with very little sleep or not the right equipment, but they are my second home. And I’m very grateful for the 27 and a half years I’ve had and I know that they will continue to be superstars in the first responder world.

David Adkins: What are your thoughts on the future of public health in Huntington?

Jan Rader: I think that as long as we keep an open mind, and we collaborate, that we’ll be okay. I think time will tell what we’re going to see in the future.

Note: Jan Rader stepped down as Huntington’s Fire Chief on Friday, February 11, to assume a new role as director of Huntington’s Council on Public Health and Drug Control Policy. Fire Chief Greg Fuller assumed the position Monday, February 14.

Away From The Opioid Trial, Life Carries On In Huntington

This story was originally published by Mountain State Spotlight. Get stories like this delivered to your email inbox once a week; sign up for the free newsletter at https://mountainstatespotlight.org/newsletter

On an early Wednesday morning, four teams of attorneys — dressed in suits and flanked by paralegals rolling trolleys stacked high with boxes of court materials — parade into the Robert C. Byrd U.S. Courthouse in Charleston.

By 9 a.m., a vice president of one of the nation’s largest drug distributors is seated at the witness stand.

It’s the third week of a trial that’s drawn international attention, as Cabell County and the City of Huntington take on the “Big Three” drug distributors that flooded the area with highly addictive prescription opioids in earlier years.

For up to 12 weeks, the attorneys will argue whether the companies — AmerisourceBergen, Cardinal Health and McKesson — are at fault for fueling an addiction crisis that has resulted in thousands of lives lost, traumas endured and long-lasting damages to the broader community.

But while lawyers make their case in court, and the nation turns its eyes to the Mountain State, it’s business as usual for the people on the frontlines in Huntington working to help their city and their neighbors make it through the day.

Still, what happens in the trial will have major implications for the future of the city’s resources, as $2 billion is on the line. For those people in Huntington, that’s money that they say is desperately needed.

9:15 a.m., Lily’s Place

A mother rocks her baby daughter. The sound of crying newborns fills the narrow hall.

The cries aren’t the coo of a baby calling for food or wanting to be held. It’s a sound of discomfort; a newborn experiencing drug withdrawal.

When Lily’s Place opened in Huntington in 2014, it was one of the first medical facilities in the country designated specifically to caring for babies born with neonatal abstinence syndrome (NAS) — or what occurs when newborns withdraw from drugs that they were exposed to while in the womb.

Lauren Peace
/
Lily’s Place in Huntington provides care to newborns with neonatal abstinence syndrome and their mothers during the first weeks of life.

A nurse at Cabell Huntington Hospital’s neonatal intensive care unit saw the number of drug-addicted babies increase amid the opioid epidemic, and she realized the need for more specialized treatment.

Lily’s Place is a refuge. It’s a calm and caring environment where moms and babies go to heal and where families receive support after birth. The organization offers a range of recovery, counseling and social services, but it’s also a full-fledged medical facility with a doctor who makes rounds and nurses on call. It’s a lifeline to some of Huntington’s newest and most vulnerable residents and the people who love them.

It’s Jennifer Chapman’s job to make sure there’s enough money to keep the invaluable operation afloat.

Chapman, the director of development for Lily’s Place, writes the grants that bring in money to keep the place open.

On this morning, she’s sitting in her office next to coworker Ryan Massie, and the two are talking fundraising strategies. They’re planning a major donor event for next year.

Lily’s Place gets by on community and foundation support. In a typical year, there isn’t enough to cover all that the facility hopes to offer — they’ve recently expanded to include family development services that go beyond postnatal care, but finding a qualified counselor on a small budget is hard and the position hasn’t been filled.

This wasn’t a typical year. Chapman and Massie agree that the pandemic has hurt.

The grants are getting smaller. The donations are too.

“There are so many things that we want to do that we’re not able to do right now,” Chapman says. “I feel the pressure. I think we both do.”

Massie agrees.

Lauren Peace
/
Jennifer Chapman and Ryan Massie lead fundraising efforts for Lily’s Place in Huntington.

“Every amount big or small helps,” he says. “There’s a guy that sends a $3 check every month. And every month he sends a memo with it that says ‘I wish we could do more.’ It takes the big ones and the little ones and everything in between to keep this place going.”

Chapman and Massie say they’ve been watching the trial in Charleston. Attorneys for Huntington and Cabell County are seeking more than $2 billion that they say is needed to help make up for the cost of the opioid epidemic. Chapman says that money could help provide a more sustainable source of funding to organizations like Lily’s Place.

“I’ve got a Google alert on my computer,” Chapman says. “It’s definitely something we’re thinking about.”

But when they do think about it, it’s not for long. There’s work on the ground to be done: phone calls to be made, grants to be written, support offered to the patients and the staff.

“Every now and then we need to take a walk and see the babies,” Chapman says. “If a day goes by and there are no checks in the mail, it can get kind of disheartening. But then we remember why we’re here.”

11 a.m., ReBUILD House

If you pass by 1128 9th Ave., you’re likely to see people gathered around the porch. They look like longtime friends.

But many of those who gather here are strangers. The house is a community hub where anybody and everybody is invited in, arms open wide, for connection, a hug, a washing machine, a bite to eat.

That’s exactly what Renee Law intended for when she began an outreach project called ReBUILD in the house nearly eight years ago.

Lauren Peace
/
Eric Runyon sits on the porch swing at ReBUILD in Huntington.

“This is a crossroads for anybody battling any type of thing,” says Law from the porch, the smell of biscuits wafting from the window. “We’re not a recovery house or a resource for only people in the throws of it, but because of where we’re located, a lot of our friends are battling addiction.”

Meanwhile, Eric Runyon leans back on a porch swing and gently rocks.

Creak, curk … creak, curk …

“Oh yeah, the opioid addiction, it’s real bad. It’s just a shame. It is,” he chimes in. “It seems like it’s every day [people overdose]. Two or three times a day. It’s a terrible thing.”

Runyon is relatively new to the porch. He’s been coming to the house for the last year, when he was out of work and struggling with housing. He stopped by one day because he heard there was food.

At 52, Runyon doesn’t have gray hair on his head. But it’s not for a lack of challenges. He entered the foster care system at birth, and bounced from shelter to shelter until he was 10 years old. The trauma left him with his vices.

“But you just come in here and these ladies make you feel like you’re at home,” Runyon says, gesturing toward Law. “I’ve been by here a couple of times in a bad mood, not feeling good and she just cheers me right up.”

Lauren Peace
/
Renee Law sits on the porch at ReBUILD in Huntington with ‘Bev’ and ‘Becky Sue’.

That a trial is happening against the drug distributors several miles away is not on the minds of people like Law and Runyon. Not because they don’t care, but because they’re focused on the work that’s directly in front of them.

“We’re focused on building community and living life,” Law says. “The people here are not paying attention to [the trial] because the people here are in the middle of just trying to survive.”

Runyon agrees.

Then, for a moment, it’s quiet. They listen to the sounds of the cars passing by and birds chirping in the breeze.

“Hey, is there any chance I can bum something to drink,” Runyon asks.

Law laughs.

“You can’t bum it, but you can have one,” she says.

Law goes into the house and grabs Runyon a water bottle and he goes on his way.

1 p.m., Cabell County EMS station

“One of the things that really encourages me is when I run into someone, who is actively living free of drugs when I know where they were before,” says Pastor Fred McCarty. “That’s the measurement we need to be tracking.”

McCarty leans back in a black leather chair. He’s sitting in a conference room at the Cabell County EMS station in downtown Huntington, with friend and colleague Steven Little. CPR dummies rest against a wall in the back corner of the room.

Lauren Peace
/
Pastor Fred McCarty.

McCarty and Little are among a growing number of faith leaders in the Huntington community who are working to address the overdose crisis in their backyards. Both pastors are people in long-term recovery themselves. When they saw the toll that addiction was taking within their own congregations, it hit home, and they began encouraging people to talk about substance use disorders, in order to decrease stigma and help find solutions.

That work extends beyond the walls of their churches.

McCarty and Little are members of the Huntington Quick Response Team. The team, operated by Cabell County EMS, was founded in 2017 to provide follow-up checks on suspected overdose calls. If somebody overdoses and calls 911 the day before, the Quick Response Team will visit the site of the overdose the next day to offer additional services.

“As faith leaders, we’re not here to proselytize, we’re here for spiritual support,” says Little. “And it’s not just for the clients, but also for the first responders. There’s a lot of suffering out there whether you’re in it or witnessing it and people need encouragement and support.”

On a typical shift, McCarty and Little are handed a stack of papers with details of overdose runs made by paramedics the day before. Then, alongside a peer recovery coach, a dressed-down police officer, and Larrecsa Cox, who heads the team, the pastors hop in a car and make runs around the city until they’ve visited each overdose site.

Last night, there were five overdose calls, which means five follow-up visits to make this afternoon. But before that, McCarty and Little chat about how people measure success and healing.

Before last year, which saw spikes in overdoses nationwide, the number of overdose deaths has trended down. But Little and McCarty say that just because fewer people are dying because of overdose reversal drugs like naloxone, it doesn’t mean the problem is going away.

Lauren Peace
/
Jason Smith, Larrecsa Cox and Steven Little (left to right) get ready to go out on a Quick Response Team run.

“The Quick Response Team follows up the day after the overdose. And now, we try to follow up with the person six months after to see how they’re doing then,” McCarty says. “But the stat that we’re missing is what happens next. Where are these people one year from now? Where are they five years from now?”

It’s hard to know, says Little, because the resources aren’t there.

“We’re having great success through the QRT team but it’s just the beginning of what’s needed to get somebody through,” he says. “We need mental health services. We need support for the family. There needs to be a continuation of care.”

3 p.m., First Steps drop-in center

In the federal courthouse in Charleston, attorneys for the “Big Three” drug distributors have argued that they’re not at fault for the prevalence of drug use in Cabell County and the effects on the wider community.

They’ve also suggested that the crisis isn’t actually linked to the number of legally prescribed opioids poured into the community, but rather illicit drug trafficking and trade.

“Bullshit,” says Terry Collison, while seated at her desk on Wednesday afternoon.

Collison is the director of First Steps drop-in center in Huntington, a basic service center for people who are directly or tangentially impacted by substance use. It’s a place for people to stop in and hang out. There’s a TV in the back that folks will gather around and spend time cooling off in summer or warming up in winter. And there are computers in the front that are used for filling out paperwork and applying for jobs. Most importantly, it’s a place that people can come to and trust for help when they need it.

Lauren Peace
/
Terry Collison is the director of First Steps drop-in center in Huntington.

Collison is warm and kind. She has bright blue eyes and an infectious smile, but she tells it like it is. And she says it’s indisputable that prescription opioids fueled the rise in substance use disorders in Huntington and across West Virginia.

She’s seen the pattern first-hand.

“I’ve had two nieces that have come here to stay with me so they can get the services here,” Collison said. “They started out with pills. One was because the boyfriend had gotten them for an injury.”

By the time his prescription dried up, he was already hooked. When he turned to the street for his supply, Collison’s niece started using, too.

“For a long time, Oxys and Opanas were really easy to get [on the street]. But when the pills dried up, that’s when we started seeing the heroin come in,” Collison says.

The stories are endless. Collison knows teenagers who have gotten hooked. She knows a woman who became addicted at 83 years old.

Bryan Littlejohn, who works with Collison at the center, has been through the experience himself.

He’s seated at a desk at the front of the room, with a thermometer and a sign-in sheet, ready to greet whoever stops by. Normally the place would be buzzing with activity, but this day — like most days since the pandemic began and the center has had to limit services — is a quiet one.

“I used with my parents, and my parents were getting scripts of Oxys from doctors. It was all prescribed,” Littlejohn says. He’s talking with Collison and another co-worker, Wesley Alexander. They’re a team of three.

A sign overhead reads: “Naloxone Saves Lives.”

Lauren Peace
/
Bryan Littlejohn.

“I was using [prescribed] Oxys when I went to jail. When I came out, the pills were gone, but heroin was there,” Littlejohn says. “I just jumped right into that.”

Everybody who works at the center has lived experience. Littlejohn has been in recovery for three years now. Collison and Alexander have been in recovery longer. And while all three echoed the sentiments shared across the city — that there’s a need for sustainable funding and increased mental health services, Collison says the trial in Charleston is about something more.

“I want the people that are responsible held accountable,” Collison says. “You just want them to say sorry, we messed up, instead of acting like it’s all West Virginia’s fault.”

4:45 p.m., Cabell Huntington Hospital

Leah Ching is nose-deep in her medical textbooks. For the last two months, her days have looked the same. Wake up, bite to eat, head over to Cabell Huntington Hospital. There, she spends her days from 9 a.m. to 9 p.m. studying for exams and working in the hospital’s Health Sciences Library.

Ching is a Huntington native and a second-year student at Marshall University’s Joan C. Edwards School of Medicine. She’s also the founder and president of the Substance Use Disorder and Recovery student interest group, which she started after an introductory lecture.

“I asked if we were going to have any more lectures on the topic and was told that we weren’t,” Ching says from a third-floor study room. “It’s obviously a huge problem in Huntington and it’s our responsibility as students to seek out information and resources.”

And that’s what Ching did. The group, with at least 50 members across the medical school, is homebase for the future doctors to come together and discuss substance use and treatment. It also plays a role in community health. Ching has organized naloxone training and distribution. The group has taken part in mobile clinics.

Lauren Peace
/
Leah Ching.

“I try to stay away from things that are going to make the group a resume builder. I’m not really interested in that,” says Ching. “For me, it’s about chasing down opportunities to learn.”

Ching says growing up in Huntington sparked her interest and helped motivate her to learn more about substance use disorders and recovery. She says that drugs don’t discriminate and no one’s untouchable.

And while she doesn’t know what area of medicine she’s going to pursue, being knowledgeable about substance use disorders will always be useful, she says.

“I don’t know what I want to go into. But anything that I go into, I think that this is applicable,” Ching says. “You want to see your hometown prosper in every way that it can, and unfortunately we do have this cloud hanging over our heads. I’d love to be a part of the solution.”

Ching shrugs her shoulders. She gets back to work.

Forty-nine miles away in Charleston, court adjourns for the day.

Reach reporter Lauren Peace at laurenpeace@mountainstatespotlight.org

OxyContin Maker Purdue Pharma To Plead Guilty To 3 Criminal Charges

Purdue Pharma, the company that makes OxyContin, the powerful prescription painkiller that experts say helped touch off an opioid epidemic, will plead guilty to three federal criminal charges as part of a settlement of more than $8 billion, Justice Department officials announced Wednesday.

The company will plead guilty to three counts, including conspiracy to defraud the United States and violating federal anti-kickback laws, the officials said. The resolution will be detailed in a bankruptcy court filing in federal court.

The deal does not release any of the company’s executives or owners — members of the wealthy Sackler family — from criminal liability, and a criminal investigation is ongoing. One state attorney general said the agreement fails to hold the Sacklers accountable, while family members said they had acted “ethically and lawfully.”

The settlement is the highest-profile display yet of the federal government seeking to hold a major drug maker responsible for an opioid addiction and overdose crisis linked to more than 470,000 deaths in the country since 2000.

“Purdue deeply regrets and accepts responsibility for the misconduct detailed by the Department of Justice in the agreed statement of facts,” Steve Miller, who became chairman of the company’s board in 2018, said in a statement. No members of the Sackler family remain on that board, though they still own the company.

Family members, in a statement, expressed “deep compassion for people who suffer from opioid addiction and abuse and hope the proposal will be implemented as swiftly as possible to help address their critical needs.”

The deal comes less than two weeks before a presidential election where the opioid epidemic has taken a political back seat to the coronavirus pandemic and other issues. It does give President Donald Trump’s administration an example of action on the addiction crisis, which he promised early in his term.

But to Massachusetts Attorney General Maura Healey, the Justice Department “failed” and she said in a statement that she was not done with either Purdue or the Sacklers.

“Justice in this case requires exposing the truth and holding the perpetrators accountable, not rushing a settlement to beat an election,” she said.

Ed Bisch, who lost his 18-year-old son to an OxyContin overdose nearly 20 years ago, said he wants to see people associated with Purdue prosecuted.

“The fact that this doesn’t grant anyone immunity, I’m heartened by that,” he said after the deal was announced.

As part of the resolution, Purdue is admitting that it impeded the Drug Enforcement Administration by falsely representing that it had maintained an effective program to avoid drug diversion and by reporting misleading information to the agency to boost the company’s manufacturing quotas, the officials said.

Purdue is also admitting to violating federal anti-kickback laws by paying doctors, through a speaking program, to induce them to write more prescriptions for the company’s opioids and for using electronic health records software to influence the prescription of pain medication, according to the officials.

Purdue will make a direct payment to the government of $225 million, which is part of a larger $2 billion criminal forfeiture. In addition to that forfeiture, Purdue also faces a $3.54 billion criminal fine, though that money probably will not be fully collected because it will be taken through a bankruptcy, which includes a large number of other creditors. Purdue will also agree to $2.8 billion in damages to resolve its civil liability.

Purdue would transform into a public benefit company, meaning it would be governed by a trust that has to balance the trust’s interests against those of the American public and public health, officials said. The Sacklers would not be involved in the new company and part of the money from the settlement would go to aid in medication-assisted treatment and other drug programs to combat the opioid epidemic, the officials said.

As part of the plea deal, the company admits it violated federal law and “knowingly and intentionally conspired and agreed with others to aid and abet” the dispensing of medication from doctors “without a legitimate medical purpose and outside the usual course of professional practice,” according to a copy of the plea agreement obtained by the AP.

First lady Melania Trump, who has focused many of her public efforts on health issues such as this epidemic, tweeted that the agreement was “another big step in defeating” the crisis.

But even before the deal was announced, it was facing resistance from state attorneys general, Democratic members of Congress and advocates who wrote Attorney General William Barr asking him not to make the bargain with the company and the family. They said it does not hold them properly accountable and they raised concerns about some of the details.

The Sackler family has already pledged to hand over the company itself plus at least $3 billion to resolve thousands of suits against the Stamford, Connecticut-based drug maker. The company declared bankruptcy as a way to work out that plan, which could be worth $10 billion to $12 billion over time. Family members said in their statement that the company’s value is more than twice as much as they profited from OxyContin.

About half the states oppose that settlement, and also wrote Barr to ask him not to make the federal deal that includes converting Purdue into a public benefit corporation. They say it would be wrong for governments to rely on earnings from the sale of more OxyContin to fund programs to mitigate the toll of an opioid crisis wrought by prescription drugs as well as heroin and illicitly produced fentanyl.

The Sackler family was once listed among the nation’s wealthiest by Forbes magazine. A 2019 court filing said they had made up to $13 billion over the years from the blockbuster drug, though a lawyer said they brought in far less after taxes and reinvestment in the company.

Until recently, the family’s name was on museum galleries and educational programs around the world because of gifts from family members. But under pressure from activists, institutions from the Louvre in Paris to Tufts University in Massachusetts have dissociated themselves from the family in the last few years.

Exit mobile version