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Supreme Court overturns opioid settlement with Purdue Pharma that shielded Sacklers

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Supreme Court overturns opioid settlement with Purdue Pharma that shielded Sacklers


After the Supreme Court struck down a controversial bankruptcy plan from Purdue Pharma, the maker of OxyContin, those who sued the drug company were left uncertain about when promised funds would be available to combat addiction and other damage from the ongoing drug epidemic.

The ruling upended a carefully-crafted settlement worth roughly $8 billion, and involving the Sackler family, which owns Purdue, and all the individuals, states and local governments that had sued over harms from the opioid epidemic.

In a 5-4 decision, the justices focused on the part of the Purdue bankruptcy plan that shielded members of the Sackler family from future opioid-related lawsuits.

In the majority opinion, Justice Neil Gorsuch wrote: “In this case, the Sacklers have not filed for bankruptcy or placed all their assets on the table for distribution to creditors, yet they seek what essentially amounts to a discharge. No provision of the [bankruptcy] code authorizes that kind of relief.”

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Some relatives of overdose victims praised the decision. Ed Bisch’s son — also named Ed — overdosed on Oxycontin in 2001, at age 18. Bisch now leads Relatives Against Purdue Pharma, and wants the Sacklers held personally accountable.

“We did not want to give them exactly what they want,” Bisch said. “Today is a very good day for justice.”

Purdue Pharma was facing thousands of lawsuits for falsely marketing OxyContin as non-addictive and fueling the opioid crisis. The company filed for bankruptcy in 2019.

Before that, the Sackler family, which owns Purdue, had moved about $11 billion of profits into personal accounts. In his ruling, Gorsuch said members of the family had created a “milking program” designed to shelter opioid profits from their company’s bankruptcy.

During the bankruptcy negotiations, the family offered to pay $6 billion in exchange for immunity from future lawsuits.

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A federal bankruptcy judge approved that deal in 2021, but Gorsuch ruled that it was an overreach.

“The court is doing a reset here,” said Melissa Jacoby, an expert on bankruptcy law at the University of North Carolina. “[The Court is] saying there is no authority to protect the Sacklers, who are not bankruptcy filers themselves, at least against claimants who have not agreed to settle with them.”

Many on both sides are unhappy about new delays

The total settlement would have amounted to roughly $8 billion directed towards states, local governments, personal injury victims, schools, and hospitals.

In a statement, Purdue Pharma called the ruling “heart-crushing.” It also said Purdue would immediately reach out to the parties to work on a new agreement: “The decision does nothing to deter us from the twin goals of using settlement dollars for opioid abatement and turning the company into an engine for good.”

The recent death toll from the ongoing opioid crisis exceeds 100,000 Americans every year.

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In the dissenting opinion, Justice Brett Kavanaugh wrote: “Today’s decision is wrong on the law and devastating for more than 100,000 opioid victims and their families.”

Many relatives of overdose victims considered the bankruptcy deal the best they could hope for — a way to funnel money from the Sacklers to communities to fund addiction treatment programs, and to individuals harmed by Oxycontin. Now that money is on hold, potentially for years.

Calls for swift return to negotiating table

Advocates called for new negotiations as soon as possible.

“I think everybody wants this done in an expeditious way. It’s important to get to the table and negotiate something that puts victims first very quickly,” said Ryan Hampton, an author and activist on addiction issues who supported the bankruptcy settlement.

Some suggested the Sacklers could use their personal funds to compensate victims, rather than waiting for a formal bankruptcy deal to be finalized for Purdue.

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“The Sackler family should begin the process today of compensating the thousands of individuals who lost loved ones to an overdose from their company’s product. There’s no need to wait — and no time to waste,” said Regina LaBelle in a statement. LaBelle is a former acting director of the Office of National Drug Control Policy and an addiction policy scholar at Georgetown University.

In a statement sent to NPR, members of the Sackler family, who deny any wrongdoing, said they would work to renegotiate a settlement, but they also expressed some defiance, describing themselves as the victims of “profound misrepresentations about our families and the opioid crisis.”

Money already flowing from other opioid-related lawsuits

Most states are already participating in other opioid-related settlements with opioid manufacturers Johnson & Johnson, Teva Pharmaceutical Industries, and Allergan; pharmaceutical distributors AmerisourceBergen, Cardinal Health, and McKesson; and retail pharmacies Walmart, Walgreens, and CVS. Many are also settling with the national supermarket chain Kroger.

It’s estimated that the total payout from multiple settlements could come to about $50 billion.

Several of these deals began paying out in the second half of 2023, leading to bumps in states’ opioid settlement pots.

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There is no national database on how settlement dollars are being spent, but efforts by journalists and advocates to track the money flows have revealed some of the more common ways the funds are being used.

Wide leeway in how to spend opioid settlement funds

One of the biggest is investing in treatment. Many jurisdictions are building residential rehab facilities or expanding existing ones. They’re covering the cost of addiction care for uninsured people and trying to increase the number of clinicians prescribing medications for opioid use disorder, which have been shown to save lives.

Another common expense is naloxone, a medication that reverses opioid overdoses. Wisconsin is spending about $8 million on this effort. Kentucky has dedicated $1 million. And many local governments are allocating smaller amounts.

Some other choices have sparked controversies. Several governments used settlement dollars to purchase police patrol cars, technology to help officers hack into phones, and body scanners for jails. Supporters say these tools are critical to crack down on drug trafficking, but research suggests law enforcement efforts don’t prevent overdoses.

This article was produced in partnership with KFF Health News, a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF.

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Copyright 2024 NPR





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South-Carolina

South Carolina Athletics See Major Coaching Overhaul

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South Carolina Athletics See Major Coaching Overhaul


A deep dive into the coaching changes that have occurred with the South Carolina Gamecocks during the offseason across all sports.

The University of South Carolina’s athletic department recently shook up its coaching staff, bringing in new leadership to bolster its sports programs. The most significant changes are new head coaches for the softball and baseball teams. There were also strategic additions to the football coaching staff. Shawn Elliott’s return to the football program also adds excitement and experience.

Ashley Chastain Takes the Helm for Softball

Ashley Chastain steps in as the new head coach of the South Carolina softball team, the first change in this position since 2010. Chastain, a former player and graduate assistant for the Gamecocks, brings extensive experience and a fresh perspective. She aims to build on the solid foundation left by former coach Beverly Smith, who departed on June 8, 2024. Chastain’s familiarity with the program and her vision promise to propel the Gamecocks to new heights​.

Paul Mainieri Leads the Baseball Team

Paul Mainieri takes over as the head baseball coach. Mainieri’s hiring comes after Mark Kingston’s seven seasons and a disappointing first-round exit in the NCAA Tournament. Mainieri, who led LSU to a national championship in 2009, brings a wealth of experience and a proven track record. His ability to develop talent and lead successful teams will be crucial as he steers the Gamecock baseball program forward.

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Football’s Strategic Coaching Hires

The football program saw several key additions to its coaching staff. Joe DeCamillis joined as the special teams coordinator, bringing over 30 years of NFL experience, including two Super Bowl victories. His expertise aims to enhance the Gamecocks’ special teams performance significantly. This hiring followed Pete Lembo’s departure to become the head coach at the University of Buffalo.

Marquel Blackwell came on board as the running backs coach. This hire is part of a broader strategy to strengthen the team’s offensive capabilities and provide a more dynamic and run game.

Shawn Elliott’s Return

Shawn Elliott rejoined the South Carolina football coaching staff, adding his extensive experience to the team. Elliott, who previously served as an assistant coach for the Gamecocks and recently as the head coach at Georgia State, returned as the run game coordinator and tight ends coach. With 23 winning seasons and 21 postseason appearances in his career, Elliott brings a wealth of knowledge and success. During his tenure at Georgia State, he led the team to five bowl games and established a formidable rushing attack, highlighting his ability to elevate the Gamecocks’ performance.

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Elite crop of JuCo players joining South Carolina baseball program ranked among best in America

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Elite crop of JuCo players joining South Carolina baseball program ranked among best in America


New South Carolina baseball coach Paul Mainieri will have the luxury of an elite group of junior college talents joining the program in his first year with the Gamecocks.

At the time of this writing, USC has received commitments from seven junior college prospects as pitchers Brandon Stone (Johnson County Community College), Brandon Clarke (State College of Florida), Jackson Soucie (Wabash Valley College), Kemper Nix (Spartanburg Methodist College), and Brendan Sweeney (Blinn College) and position players Jase Woita (Kansas City Kansas Community College) and Cayden Gaskin (Northwest Florida State College) will join the program this fall.

The group of JuCo players are sure to make a major impact on the team next season.

According to Dream Big Athletics and former MLB scout Tad Slowick, the Gamecocks have five of the top-54 junior college prospects in the country committed in the class.

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Right-handed pitcher Brandon Stone slots in as the #1 overall JuCo player in DBA’s rankings and, obviously, the #1 pitcher and right-handed pitcher.

Brandon Clarke, a left-handed pitcher, is ranked #11 regardless of position and #6 among pitchers. He ranks as the 3rd-best lefty in the junior college class.

Another left-handed pitcher, Jackson Soucie, is the #14 JuCo product according to DBA. He also is the 8th-highest pitcher in the rankings and the 4th-best lefty.

First baseman/third baseman Jase Woita is 23rd on DBA’s list, and he is also the 11th-ranked position player in the rankings. No players listed as first basemen are ranked higher than Woita.

Cayden Gaskin, a utility player who can play middle infield or outfield, is ranked 54th in DBA’s junior college rankings. He is the 27th-rated position player, and only two players ranked ahead of him are listed with realistic multi-positional versatility on their DBA page.

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All of these junior college stars are eligible for the 2024 MLB Draft, but only Brandon Clarke (who pitched for the Alabama Crimson Tide before heading to junior college) attended the 2024 MLB Draft Combine. Clarke likely will be selected in the draft, and depending on how high he is picked, he could opt to head to the professional ranks instead of enrolling at the University of South Carolina.

dark. Next. South Carolina Baseball won its first title 14 years ago; how the world looked back then. South Carolina Baseball won its first title 14 years ago; how the world looked back then



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Missing Inmate Caught On Camera At South Carolina Walmart – FITSNews

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Missing Inmate Caught On Camera At South Carolina Walmart – FITSNews


“DO NOT APPROACH HIM …”

Agents of the South Carolina Law Enforcement Division (SLED) are searching for an escaped inmate last seen at a Walmart in Greenville County, according to agency spokesperson Renée Wunderlich.

Billy Reed Fletcher, 43, is said to have escaped from the Carter County Detention Center in Elizabethton, Tennessee, on Thursday, June 20, 2024. Come Monday, June 24, 2024, Fletcher was recorded leaving Walmart Supercenter #641 on White Horse Road in Greenville County, S.C. 

“On June 20, 2024, Billy Fletcher … walked off from his work detail at the Carter County Jail,” wrote the Carter County Sheriff’s Office (CCSO) on Facebook. “Billy Fletcher was being housed for a Violation of Probation. There is an active warrant for Billy Fletcher for Escape.”

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Authorities describe Fletcher as 6-foot-2 and approximately 230 pounds with brown hair and blue eyes. They encourage anyone with information to contact SLED by calling 803-737-9000 or emailing tips@sled.sc.gov.

They can also submit an anonymous tip to Crime Stoppers of Greenville by calling 864-23-CRIME (or 864-232-7463), going online at 23crime.com, or using the P3 Tips Mobile app. An anonymous tip through Crime Stoppers can be worth up to $1,000.

This story may be updated.

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PRESS RELEASE …

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ABOUT THE AUTHOR …

Andrew Fancher (Travis Bell)

Andrew Fancher is a Lone Star Emmy award-winning journalist from Dallas, Texas. Cut from a bloodline of outlaws and lawmen alike, he was the first of his family to graduate college which was accomplished with honors. Got a story idea or news tip for Andy? Email him directly and connect with him socially across Twitter, Instagram and Facebook.

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Got something you’d like to say in response to one of our articles? Or an issue you’d like to proactively address? We have an open microphone policy here at FITSNews! Submit your letter to the editor (or guest column) via email HERE. Got a tip for a story? CLICK HERE. Got a technical question or a glitch to report? CLICK HERE.





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