美国国家公共电台 NPR--A landmark appeals court ruling clears way for Purdue Pharma-Sackler bankruptcy deal

A landmark¹ appeals court ruling clears way for Purdue Pharma-Sackler bankruptcy² deal

Transcript³

In a landmark ruling Tuesday, a federal appeals court in New York cleared the way for a bankruptcy deal for opioid manufacturer Purdue Pharma.

The deal will shield members of the Sackler family, who own the company, from future lawsuits⁴.

The 2nd Circuit Court of Appeals spent more than a year reviewing the case after a lower court ruled it was improper⁵ for Purdue Pharma's bankruptcy deal to block future opioid-related lawsuits against the Sackler family.

The Sacklers earned billions of dollars from the sale of OxyContin and other opioid pain medications.

This latest ruling overturns the lower court's December 2021 decision and clears the way for a deal hashed out with thousands of state and local governments.

As part of the bankruptcy settlement, the Sacklers are expected to pay roughly $5 to $6 billion and give up control of Purdue Pharma.

Roughly $750 million from that payout will go to individuals across the U.S. who became addicted⁶ to OxyContin and to the families of those who died from overdoses.

Lindsey Simon, who studies bankruptcy law at the University of Georgia School of Law, described this ruling as a solid victory for proponents⁷ of the deal.

"It's very clear that in the 2nd Circuit this kind of [bankruptcy] remedy is appropriate under certain circumstances," Simon said. "There were some questions about whether it would be permitted going forward. It is."

The decision follows years of complex litigation

The bankruptcy settlement, first approved in September 2021, has been controversial from the outset. Even the bankruptcy judge who presided over the deal, Judge Robert Drain, described it as a "bitter result."

Nan Goldin, an activist⁸ who helped publicize Purdue Pharma's role in the national opioid crisis, told NPR at the time that the deal amounted to a miscarriage⁹ of justice.

"It's shocking. It's really shocking. I've been deeply depressed¹⁰ and horrified," Goldin said in 2021.

Purdue Pharma's aggressive marketing¹¹ of OxyContin, under the Sackler family's ownership, is widely seen as a spur to the national opioid crisis.

Prescription¹² pain pill overdoses have killed hundreds of thousands of Americans. Public health experts say the spread of OxyContin and other pain medications also opened the door to the wider heroin-fentanyl epidemic¹³.

In a statement Tuesday, Sackler family members praised the ruling.

"The Sackler families believe the long-awaited implementation¹⁴ of this resolution is critical to providing substantial resources for people and communities in need," they said in a statement sent to NPR.

"We are pleased with the Court's decision to allow the agreement to move forward and look forward to it taking effect as soon as possible."

Purdue Pharma, which has pleaded guilty twice to federal criminal charges relating to opioid sales and marketing, also sent a statement to NPR calling the ruling proper.

"Our focus going forward is to deliver billions of dollars of value for victim compensation, opioid crisis abatement¹⁵, and overdose rescue medicines," the company said in a statement.

"Our creditors¹⁶ understand the plan is the best option to help those who need it most."

The ruling only applies to New York, Connecticut and Vermont

Tuesday's ruling is also controversial because it extends the power of federal bankruptcy court to shelter wealthy members of the Sackler family who never declared bankruptcy.

However, this ruling only applies to the 2nd Circuit region of the U.S. in New York, Connecticut and Vermont.

A national resolution of the debate over the power of bankruptcy courts to shelter non-bankrupt companies and individuals from lawsuits still requires action by Congress or the U.S. Supreme¹⁷ Court.

"Until Congress steps in and provides clarity to the issue or the Supreme Court takes up this issue and gives us an opinion, we don't know nationwide how this will come down," Simon told NPR.

She predicted that the ruling will spur other companies to attempt to limit their liability and legal exposure using federal bankruptcy courts.

1 landmark   

n.陆标，划时代的事，地界标

参考例句：

• The Russian Revolution represents a landmark in world history.俄国革命是世界历史上的一个里程碑。
• The tower was once a landmark for ships.这座塔曾是船只的陆标。

2 bankruptcy   

n.破产；无偿付能力

参考例句：

• You will have to pull in if you want to escape bankruptcy.如果你想避免破产，就必须节省开支。
• His firm is just on thin ice of bankruptcy.他的商号正面临破产的危险。

3 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

4 lawsuits   

n.诉讼( lawsuit的名词复数 )

参考例句：

• Lawsuits involving property rights and farming and grazing rights increased markedly. 涉及财产权，耕作与放牧权的诉讼案件显著地增加。 来自辞典例句
• I've lost and won more lawsuits than any man in England. 全英国的人算我官司打得最多，赢的也多，输的也多。 来自辞典例句

5 improper   

adj.不适当的，不合适的，不正确的，不合礼仪的

参考例句：

• Short trousers are improper at a dance.舞会上穿短裤不成体统。
• Laughing and joking are improper at a funeral.葬礼时大笑和开玩笑是不合适的。

6 addicted   

adj.沉溺于....的，对...上瘾的

参考例句：

• He was addicted to heroin at the age of 17.他17岁的时候对海洛因上了瘾。
• She's become addicted to love stories.她迷上了爱情小说。

7 proponents   

n.（某事业、理论等的）支持者，拥护者( proponent的名词复数 )

参考例句：

• Reviewing courts were among the most active proponents of hybrid rulemaking procedures. 复审法院是最积极的混合型规则制定程序的建议者。 来自英汉非文学 - 行政法
• Proponents of such opinions were arrested as 'traitors. ' 提倡这种主张的人马上作为“卖国贼”逮捕起来。 来自辞典例句

8 activist   

n.活动分子，积极分子

参考例句：

• He's been a trade union activist for many years.多年来他一直是工会的积极分子。
• He is a social activist in our factory.他是我厂的社会活动积极分子。

9 miscarriage   

n.失败，未达到预期的结果；流产

参考例句：

• The miscarriage of our plans was a great blow.计划的失败给我们以巨大的打击。
• Women who smoke are more to have a miscarriage.女性吸烟者更容易流产。

10 depressed   

adj.沮丧的，抑郁的，不景气的，萧条的

参考例句：

• When he was depressed,he felt utterly divorced from reality.他心情沮丧时就感到完全脱离了现实。
• His mother was depressed by the sad news.这个坏消息使他的母亲意志消沉。

11 marketing   

n.行销，在市场的买卖，买东西

参考例句：

• They are developing marketing network.他们正在发展销售网络。
• He often goes marketing.他经常去市场做生意。

12 prescription   

n.处方，开药；指示，规定

参考例句：

• The physician made a prescription against sea- sickness for him.医生给他开了个治晕船的药方。
• The drug is available on prescription only.这种药只能凭处方购买。

13 epidemic   

n.流行病；盛行；adj.流行性的，流传极广的

参考例句：

• That kind of epidemic disease has long been stamped out.那种传染病早已绝迹。
• The authorities tried to localise the epidemic.当局试图把流行病限制在局部范围。

14 implementation   

n.实施，贯彻

参考例句：

• Implementation of the program is now well underway.这一项目的实施现在行情看好。

15 abatement   

n.减(免)税，打折扣，冲销

参考例句：

• A bag filter for dust abatement at the discharge point should be provided.在卸料地点应该装设袋滤器以消除粉尘。
• The abatement of the headache gave him a moment of rest.头痛减轻给他片刻的休息。

16 creditors   

n.债权人，债主( creditor的名词复数 )

参考例句：

• They agreed to repay their creditors over a period of three years. 他们同意3年内向债主还清欠款。 来自《简明英汉词典》
• Creditors could obtain a writ for the arrest of their debtors. 债权人可以获得逮捕债务人的令状。 来自《简明英汉词典》

17 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。