A Suffolk Superior Court judge has denied Purdue Pharma's request to dismiss Massachusetts Attorney General Maura Healey's civil lawsuit against the company.
The suit alleges that Purdue and its owners, the Sackler family, pursued an aggressive marketing campaign of its opioids, despite knowing they were highly addictive, and profited from the epidemic.
Healey is one of 26 attorneys general not accepting a settlement deal with Purdue. The company filed for bankruptcy on Sunday as part of the settlement deal that estimates it is valued at more than $10 billion.
Healey told Boston Public Radio Thursday the judge's ruling means her office can continue to pursue more accountability against the Sackler family and Purdue, which she argued knowingly harmed the public and contributed to the opioid epidemic.
"We are sticking strong in opposition to this in rejecting it, because what it would do is basically not require the Sackler family to pay back a dime from the nearly $11 billion we think they took out of the company through profits of oxy sales over the years," said Healey. "Almost as bad, the settlement would be funded through future oxy sales. ... They want to fund the settlement over a seven-year period through continued sales of what is a deadly and addictive drug."
In addition to the bankruptcy filing, the settlement would not require the company to make their documents public, which Healey argued does not hold the company accountable.
"Bankruptcy is not for billionaires. The Sacklers should not enjoy bankruptcy as a vehicle for further shielding their assets," she said.
"However they value it, Purdue wants you to believe it's worth $10-12 billion. We don't think it's worth nearly that. But even if it were, that money would be split up over seven years, across 1,400 cities, counties, states, and the federal government," Healey said. "It just isn't good enough."
In the court's denial of Purdue's motion to dismiss the attorney general's lawsuit, Judge Janet Sanders wrote that some of the issues Purdue raised are not relevant reasons to dismiss a case, and are actually more suited to be aired during trial.
"(Purdue) argues that addiction is complex and multifaceted, and that the commonwealth has itself contributed to the problem. It argues that OxyContin makes up only a small fraction of the opioids prescribed nationally and that Purdue is being unfairly scapegoated for a problem not of its making," Sanders wrote in the judgment. "Such arguments are better made to the fact finder at trial."
Healey's public nuisance claim was affirmed, according to the ruling.
"The Complaint's allegations are sufficient to support a claim that Purdue's conduct has interfered with public health and safety," it reads.
Attorney General Maura Healey joins Boston Public Radio monthly for the segment "Ask The AG."
