State Attorneys General Reach $450 Million Nationwide Settlement as Part of Opioid Maker Endo's Bankruptcy
(Hartford, CT) -- Attorney General William Tong has reached an agreement in principle with opioid maker Endo International plc and its lenders that would provide up to $450 million to participating states and local governments, ban promotion of Endo’s opioids, and require Endo to turn over millions of documents related to its role in the opioid crisis for publication in a public online archive.
The agreement in principle with Endo, which filed for Chapter 11 bankruptcy protection Tuesday night in the Southern District of New York, resolves allegations that Endo boosted opioid sales using deceptive marketing that downplayed the risk of addiction and overstated the benefits. Endo, an Ireland-based drugmaker with its U.S. headquarters in Malvern, Pennsylvania, makes generic and branded opioids including Percocet and Endocet, and also made Opana ER, which was withdrawn from the market in 2017. The states allege that Endo falsely promoted the benefits of Opana ER’s so-called abuse-deterrent formulation, which did nothing to deter oral abuse and led to deadly outbreaks of Hepatitis and HIV due to its widespread abuse via injection.
“Endo falsely peddled its opioids as abuse-deterrent with deadly consequences. They downplayed risks, overpromoted benefits, and reaped profits while people suffered and died. Our settlement forces Endo to pay $450 million to states across the country to support treatment and prevention, bans the marketing of their opioids forever, and forces disclosure of millions of documents,” said Attorney General Tong. “One by one, we are taking on every player in the addiction industry and holding them accountable for the lives they destroyed.”
The resolution, which is contingent on final documentation and Bankruptcy Court approval, involves the following:
• Requires payment of $450 million in cash over 10 years to participating states and subdivisions.
• Requires Endo to turn over its opioid-related documents for publication online in a public document archive and pay $2.75 million for archival expenses.
• Bans the marketing of Endo’s opioids forever.
The negotiations are being led by the following states: Maine, Massachusetts, New Hampshire, Pennsylvania, Tennessee, Vermont, and Virginia. The settlement is also joined by the attorneys general of Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, North Carolina, North Dakota, Rhode Island, South Carolina, South Dakota, Utah, Washington, Wisconsin, Wyoming, and the U.S. Virgin Islands.
Previous Opioid Settlements
Purdue Pharma and the Sacklers: Attorney General Tong announced last March that Purdue Pharma and the Sackler family will pay $6 billion to victims, survivors, and states for their role in the opioid epidemic. Connecticut will receive up to $95 million to support opioid treatment and prevention, and provide aid to victims and survivors.
Distributors and Johnson & Johnson: In July 2021, Attorney General Tong announced an historic $26 billion agreement with pharmaceutical distributors Cardinal, McKesson, and AmerisourceBergen and manufacturer Johnson & Johnson to bring desperately needed resources to fight the opioid crisis. Connecticut will receive approximately $300 million as part of the landmark settlement. The first $11 million payment to Connecticut and its cities and towns arrived this month.
McKinsey: In February 2021, Attorney General Tong announced Connecticut had helped lead a coalition of attorneys general from 47 states, the District of Columbia and five U.S. territories in a $573 million settlement with McKinsey & Company. Connecticut will receive $7,513,087.22, which will be used to abate the opioid epidemic.
Mallinckrodt: In October 2020, Attorney General Tong announced a $1.6 billion global settlement framework had been reached between state attorneys general and opioid manufacturer Mallinckrodt. The company has since declared bankruptcy. Connecticut will receive $13.9 million.
Allergan: In July 2022, Attorney General Tong announced a $2.37 billion agreement framework with Allergan and states regarding the generic drug manufacturer’s role in the opioid epidemic.
Teva: In July 2022, Attorney General Tong announced a $4.25 billion agreement framework with Teva Pharmaceuticals and states regarding the generic drug manufacturer’s role in the opioid epidemic.