STAMFORD — Bankruptcy judge Robert Drain delivered a six-hour explanation of his ruling to approve OxyContin-maker Purdue Pharma’s settlement plan. But it was not enough to persuade Connecticut Attorney General William Tong to accept the deal.
Connecticut is set to appeal Drain’s confirmation of Stamford-based Purdue’s plan, which would settle several thousand lawsuits alleging the firm fueled the opioid crisis with deceptive OxyContin marketing and ultimately dissolve the company.
An appeal would hinge on an argument that Drain cannot compel the state to accept Purdue’s settlement terms, which also include sweeping legal protections for the Sackler family members who own the firm — a framework that has also been criticized by many opioid victims’ relatives and grassroots activists.
“This is an outrage,” Tong said in an interview. “I don’t think that Judge Drain addressed one of our central concerns — the fact that he does not have the power and authority to force Connecticut to give up its claims and release the Sacklers.”
During his bench ruling Wednesday, Drain acknowledged that he had concerns about Purdue’s plan and that he had expected that the bankruptcy negotiations would have yielded a “higher settlement.” But he said he could not reject the proposal, which originated when Purdue filed for Chapter 11 bankruptcy in September 2019.
“I do not have the ability to impose what I would like on the parties. A judge is not given that power,” Drain said. “I can only turn...
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