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How I Exposed the Biggest Pharma Scandal of Our Lifetime Barry Meier

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Purdue Pharma boss Richard Sackler (back row, second from left, with other members of the Sackler family) still claims he was unaware of his company’s crimes. (Photo illustration by The Free Press)

When I walked into the diner my source was already there, sitting in a booth. It was late summer of 2001 and, earlier that year, I had started writing articles for The New York Times about the growing abuse of a then little-known painkiller, OxyContin. Its maker, Purdue Pharma, was promoting the powerful narcotic to doctors as a “wonder” drug that was far safer from abuse and addiction than other pain pills.

My involvement in the story started simply. An editor asked me to check out a tip that OxyContin, despite its manufacturer’s claims, was finding its way onto the streets of small towns throughout Appalachia. At the time, I knew nothing about prescription narcotics, or “opioids,” addiction, or Purdue’s owners, the wealthy, secretive Sackler family. I had no idea I soon would become an eyewitness to the biggest prescription drug scandal of our lifetime or be the first national reporter to shine a spotlight on it.

One day, I got a call from a Purdue insider who wanted to meet. We agreed to get together at a diner, located about midway between New York and Stamford, Connecticut, where Purdue was based. My source was nervous but dismayed by what Purdue was doing. Then, I was given a lined sheet of notebook paper. It had the word Toppers handwritten on it. 

Purdue used the term, I was told, to identify its top-selling sales reps—the ones paid the biggest bonuses and awarded free vacations. There was a list of ten names, the geographic territories those reps covered, and the dollar amount of OxyContin they had sold in the previous three months. My source then explained a secret Purdue was guarding: every one of those locations contained thriving “pill mills” where doctors prescribed OxyContin for cash, often to people pretending to be patients in pain.

The area serviced by Purdue’s leading “topper” was Myrtle Beach, South Carolina, and when I got back to the Times, I did some research. It turned out that the DEA had just shut down one pill mill there operating as a pain clinic. When I went to Purdue’s headquarters, its three top executives all claimed to me in an interview they didn’t know anything unusual was happening in Myrtle Beach. But thanks to my source, I knew that wasn’t true.

I spent several months doing more reporting and traveled to Myrtle Beach. There, shop owners in the same strip mall as the pain clinic described how hundreds of cars regularly waited in the parking lot for its doors to open. I interviewed patients at the clinic, including some now cut off from medication, and found that five people prescribed OxyContin there had died by overdose. Local pharmacists also told me how they repeatedly warned Purdue officials about what was happening and how those complaints were ignored.

In late 2001, after that trip, I confronted Purdue executives with what I had found and asked them why they hadn’t responded to the situation in Myrtle Beach when their own sales data was flashing red. The company downplayed the chaos and a Purdue spokesman claimed, providing no evidence, that the huge demand for OxyContin in Myrtle Beach was coming from local retirees dealing with arthritis pain. 

The OxyContin story became so big that in 2003, I published a book, Pain Killer: An Empire of Deceit and the Origin of America’s Opioid Epidemic, about the unfolding catastrophe we now call the opioid epidemic. Now, twenty years later, it is the basis of a Netflix series that began airing this month. My book documents how Purdue turned OxyContin, a drug valuable for treating severe pain caused by cancer or chronic health issues, into a billion-dollar blockbuster by launching the biggest-ever pharmaceutical marketing campaign for a powerful and potentially addictive narcotic.

Matthew Broderick stars as Richard Sackler in the Netflix hit Painkiller, which began airing this month. (Keri Anderson via Netflix)

It was built on the lie, pushed by Purdue’s sales team, that OxyContin’s special formulation made it safe to use for back pain, dental pain, and other common problems. In fact, a single tablet of OxyContin contained up to sixteen times the amount of oxycodone, a powerful narcotic, than found in traditional painkillers. 

Purdue’s promotional strategies included falsely claiming to well-meaning doctors that scientific studies showed the risk of patient addiction from OxyContin was “less than one percent.” Such studies didn’t exist, but Purdue and its medical allies engaged in an ideological “War on Pain” by cherry-picking data from clinical trials and distorting their findings. The company also used its money to buy influence, by hiring physicians to promote OxyContin, giving money to law enforcement organizations, and making contributions to professional medical groups.

A U.S. attorney in Maine who first sounded the alarm in that state soon went on Purdue’s payroll, as did the FDA official who, at the company’s urging, approved the specious labeling claim that OxyContin’s time-release formula might reduce its potential to be abused. While researching Pain Killer, I discovered the founder of the Sackler dynasty, Dr. Arthur Sackler, developed many of these techniques in the 1950s when he pioneered the prescription drug advertising industry.

I hoped Pain Killer, along with my reporting, would lead to national action from doctors, politicians, and government officials. But for years, the toll of overdose deaths involving prescription opioids continued to mount. Over the past two decades, that figure has exceeded 280,000 Americans. (Most overdose deaths today involve counterfeit fentanyl.)

My work did get plenty of attention from Purdue, which from the beginning dispatched lawyers and paid mouthpieces to attack me. From the start, Times editors had fortunately waved them away. But then Purdue’s executives found a sympathetic ear at the paper: its brand-new “public editor,” Daniel Okrent. 

In 2003, the Times was embroiled in several scandals involving fabricated or inaccurate reporting, and Okrent, a magazine and book writer, was appointed to address newsroom standards. That November, the month after Pain Killer came out, Rush Limbaugh, the late radio personality, disclosed he was addicted to opioids. I was promoting my new book, so I got permission to write an article for the Times about the science of pain treatment and addiction. Purdue’s name appeared only in the eleventh paragraph, and to avoid any conflict of interest, my book was never mentioned.

I correctly anticipated that Purdue executives would attack me. They went to Okrent to complain that I was using the paper to sell my book. In his debut column, Okrent took their side. Apparatchiks at the Times didn’t have the stomach to blow off Okrent, his first time out of the box. After that, I was barred for a time from writing about Purdue, the opioid crisis, and related topics. (Years later, Okrent, whose term as public editor was set for 18 months, told Patrick Radden Keefe for his book, Empire of Pain, that he had often wondered if he “made a mistake.” He described me as being “batshit”—a fair description, since, as I told Keefe, I believed Okrent had been “played for a chump.”) 

I soon learned why Purdue was so desperate to get me off their case. At the same time its executives were complaining to Okrent, federal prosecutors were using my reporting as a road map for a criminal investigation into Purdue. By 2007, my ban was over, and the Justice Department’s inquiry had quietly culminated in charges against Purdue and those executives for misleading doctors and patients about the dangers of OxyContin.

An official with the United States Attorney’s office in Roanoke, Virginia, alerted me about the development before it was publicly announced. The Purdue executives planned to fly on a corporate jet into Abingdon, Virginia, enter their pleas in a courthouse, and fly back to Stamford, Connecticut. Their lawyers asked the U.S. attorney in Roanoke, John Brownlee, not to alert the media. He made one exception: me.

On a May evening in 2007, I had dinner with Brownlee at a Mexican restaurant. He showed me the draft version of a press release his office planned to issue the next day after the executives entered their pleas. In it, he personally thanked me for my work both at the Times and in Pain Killer. I felt vindicated but asked him to delete those sentences.

The Justice Department hailed the case as a victory. It wasn’t. Prosecutors in Virginia wanted to charge the Purdue executives with felonies that carried prison sentences. But Purdue and the men hired the most politically connected lawyers money could buy: Rudolph Giuliani, who needs no introduction; Mary Jo White, who at the time was a former U.S. attorney then in private practice; and Howard Shapiro, the former chief counsel of the FBI. Political appointees in the Bush administration Justice Department caved and forced the Virginia prosecutors to negotiate a deal under which the company’s three men—its president, top lawyer, and former chief medical officer—pleaded guilty to a misdemeanor that held them solely liable for being Purdue Pharma’s “responsible” executives while the company was committing crimes, but did not personally charge them with wrongdoing. 

Almost a decade passed before I wrote another big Times story about Purdue and the Sacklers. Then, around 2017, a source gave me a secret Justice Department prosecution memo that brought me back into the OxyContin saga. It was filled with evidence prosecutors planned to present when seeking felony indictments against the Purdue executives back in 2007, including secret company emails and grand jury testimony. But because the case never went to trial, this explosive memo had been buried.

The evidence gathered by prosecutors pointed to the depth of Purdue’s crimes and deceit. They found that almost immediately after OxyContin’s introduction in 1996, doctors began telling company sales reps that the drug had a high “street value” and that users were crushing tablets and snorting the powder. And by 1999, according to prosecutors, Purdue executives were getting regular reports about pharmacy break-ins and other crimes related to OxyContin, including the arrests of doctors for illegally prescribing it. “I feel like we have a credibility problem with our product,” one company sales rep wrote Purdue executives in 1999. 

The memo also contained emails sent by top Purdue executives to Richard Sackler, who was the company’s president during the boom years of OxyContin sales, and other Sackler family members, about the abuse of the drug and another company opioid. My reporting for the Times was also cited in it.

I wrote a front-page article for the Times about the memo, which became the subject of a Times television documentary. Meanwhile, state attorneys general were bringing a new wave of lawsuits against Purdue and, for the first time, individual members of the Sackler family. 

For decades, the Sacklers had successfully shielded themselves from scrutiny by hiding behind layers of lawyers, lobbyists, and hired mouthpieces. But one by one, their allies, enablers, and supporters would slip away. 

In 2017, a celebrated photographer, Nan Goldin, started a campaign that convinced some museums to strip the family’s name from their walls (the Sacklers were major collectors and art philanthropists). New books appeared about the Sacklers and the opioid epidemic, ones in which I had the curious experience of seeing myself depicted as a character in the story.

Around the time I retired from the Times in 2017, two screenwriters, Micah Fitzerman-Blue and Noah Harpster, approached me about turning my book into a television series. Earlier this month, Painkiller, a six-part dramatic series about the Sacklers and the origins of the opioid epidemic based on my book and the work of The New Yorker’s Patrick Radden Keefe, began streaming on Netflix. (A new paperback edition of Pain Killer is also out.)

On the same day the Netflix show started airing, the Supreme Court made a surprise decision about a long, ongoing bankruptcy proceeding involving Purdue Pharma. The court froze a deal under which the Sacklers would contribute $6 billion to a fund for OxyContin victims, and in return, get lifetime protection against being personally named in further lawsuits. The Biden administration has taken the position that allowing the deal to go forward will create a way for the rich to use the bankruptcy system to buy their way out of liability. The Court will hear the case later this year.

As for Sacklers, they have never been charged with any crimes. Richard Sackler and other family members involved with Purdue Pharma insist they did nothing wrong and knew nothing about the crimes committed by their company. They have cast their $6 billion settlement agreement as an act of generosity. I have long believed, however, that if the Justice Department had the guts in 2007 to put the Purdue executives on trial, then the arc of the opioid epidemic might have bent in the right direction.

In the Netflix show there is some fictionalizing of how things unfolded. For one, Arthur Sackler, the patriarch of the Sackler family, appears as a character, despite the fact he was long dead before the first tablet of OxyContin was sold. In the series, Arthur, the advertising huckster who built the Sackler name and fortune, is a ghost advising his nephew, Richard Sackler, as he oversees another chapter of the family’s history: the transformation of the Sacklers into public pariahs.

Back in 1996, Richard Sackler proclaimed that “the launch of OxyContin will be followed by a blizzard of prescriptions that will bury the competition.” It did that. It also started a blizzard of chaos and despair that has touched millions of lives. 

Barry Meier is the author of Pain Killer: An Empire of Deceit and the Origin of America’s Opioid Epidemic. Read Maya Sulkin’s Free Press piece “America’s Love Affair with Adderall” here.

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July 26, 2024 Heather Cox Richardson

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Yesterday, U.S. officials arrested Ismael Zambada García, or “El Mayo,” cofounder of the violent and powerful drug trafficking organization the Sinaloa Cartel, and Joaquín Guzmán López, a son of its other cofounder. That other cofounder, Joaquín Guzmán Loera, or “El Chapo,” is already incarcerated in the U.S., as are another of El Chapo’s sons, alleged cartel leader Ovidio Guzmán López, and the cartel’s alleged lead hitman, Néstor Isidro Pérez Salas, or “El Nini.” 

In a statement, Attorney General Merrick Garland said: “Fentanyl is the deadliest drug threat our country has ever faced, and the Justice Department will not rest until every single cartel leader, member, and associate responsible for poisoning our communities is held accountable.” El Mayo has been charged with drug trafficking and money laundering.

U.S. officials exploited rifts in the cartel to get Guzmán López to bring El Mayo in. The successful and peaceful capture of the two Sinaloa Cartel leaders contrasts with Trump’s insistence that the U.S. must bomb or invade Mexico to damage the cartels, a position echoed by Republican vice presidential candidate J.D. Vance and increasingly popular in the Republican Party. Mexico, which is America’s biggest trade partner, staunchly opposes such an intervention. Opponents note that such military action would do nothing to decrease demand for illegal drugs in the U.S. and would increase the numbers of asylum-seekers at the border as their land became a battleground. 

Trump seems to think that governance is about dominance, but that approach often runs afoul of the law. Today the Justice Department reached a $2 million settlement with former FBI counterintelligence agent Peter Strzok and former FBI lawyer Lisa Page, who became the butt of Trump’s attacks after their work on the FBI investigation into the ties between the 2016 Trump campaign and Russian operatives. Trump’s Department of Justice released text messages between the two journalists. Today’s settlement appears to reflect that the release likely violated the Privacy Act, which bars the government from disclosing personal information. 

Tonight, speaking to Christians at the Turning Point Action Believers’ Summit in West Palm Beach, Florida, Trump made his plans to become a strongman clear: “Get out and vote. Just this time. You won’t have to do it anymore. Four more years, you know what: it’ll be fixed, it’ll be fine. You won’t have to vote anymore, my beautiful Christians…. Get out, you’ve got to get out and vote. In four years, you don’t have to vote again, we’ll have it fixed so good you’re not going to have to vote.”

This chilling statement comes after Trump praised autocratic Hungarian prime minister Viktor Orbán in his speech at the Republican National Convention last week and then publicly praised China’s president Xi Jinping for being “brilliant” because he “controls 1.4 billion people with an iron fist.” It should also be read against the backdrop of the Supreme Court’s decision in Donald J. Trump v. United States that a president cannot be prosecuted for crimes committed as part of his “official duties.” 

The Harris campaign reacted to Trump’s dark statements by ridiculing them, and him: “Tonight, Donald Trump couldn’t pronounce words [he mispronounced “landslide” as “land slade], insulted the faith of Jewish and Catholic Americans, lied about the election (again), lied about other stuff, bragged about repealing Roe, proposed cutting billions in education funding, announced he would appoint more extremist judges, revealed he planned to fill a second Trump term with more criminals like himself, attacked lawful voting, went on and on and on, and generally sounded like someone you wouldn’t want to sit near at a restaurant—let alone be President of the United States.

“America can do better than the bitter, bizarre, and backward looking delusions of criminal Donald Trump. Vice President Kamala Harris offers a vision for America’s future focused on freedom, opportunity, and security.”

Harris continually refers to Trump as a criminal in her speeches, but her campaign has taken the approach of referring to him and J.D. Vance as weirdos. On Tuesday, Minnesota governor Tim Walz said, “These guys are just weird.” Senators Chris Murphy of Connecticut and Brian Schatz of Hawaii recorded a video together about Vance’s “super weird,” “bananas,” and “offensive” idea that people with children should be assigned additional votes for each child, making their wishes count more than people without children. 

As J.D. Vance continues to step on rakes, the “weird” label seems correctly to label the MAGAs as outside the mainstream of American thought. Today, Vance doubled down on his denigration of women who have not given birth as “childless cat ladies” but assured voters he has nothing against cats. In addition, a video surfaced of Vance calling for the federal government to stop women in Republican-dominated states from crossing state lines to obtain abortions.

Mychael Schnell of The Hill reported today that while MAGA Republican lawmakers like Vance, a number of House Republicans are bashing his selection as the vice presidential candidate. “He was the worst choice of all the options,” one said. “It was so bad I didn’t even think it was possible.”

“The prevailing sentiment is if Trump loses, [it’s] because of this pick,” another said, a sentiment that suggests Vance will be a scapegoat if Trump loses. Considering what happened to Trump’s last vice president after Trump blamed him for an election loss, Vance might have reason to be concerned.

Last night’s “Answer the Call” Zoom has now raised more than $8.5 million for Harris; the organizers thanked Win With Black Women “for showing us how it’s done.” Today the Future Forward PAC, which had threatened to hold back $90 million in spending if Biden stayed at the head of the ticket, began large advertising purchases in swing states for Harris. 

Carl Quintanilla of CNBC reported that a week ago, those on a phone call of more than 400 people from Bank of America’s Federal Government Relations Team believed that a Trump victory was a “foregone conclusion.” Now that conviction is gone. “[T]here’s been a palpable sentiment reversal.”

The Harris campaign announced that it will launch 2,600 more volunteers into its ground game in Florida, a state where abortion rights will be on the ballot this fall, likely turning out voters for the Democratic ticket. The volunteers will write postcards, make phone calls, and knock on doors. 

Today, Vice President Kamala Harris filled out the paperwork officially declaring her candidacy for president of the United States. 

Notes:

https://www.justice.gov/opa/pr/attorney-general-merrick-b-garland-statement-arrests-alleged-leaders-sinaloa-cartel-ismael

https://www.cnn.com/2024/07/25/us/sinaloa-cartel-ismael-zambada-custody-report/index.html

https://www.texasstandard.org/stories/mexico-surpasses-china-us-biggest-trading-partner-exports/

https://www.politico.com/news/2023/04/10/gop-bomb-mexico-fentanyl-00091132

​​https://www.salon.com/2024/07/18/america-first-foreign-policy-jd-vance-wants-to-abandon-ukraine-but-bomb-mexico-and-iran/

https://www.politico.com/news/2024/07/26/peter-strzok-lawsuit-settlement-00171498

https://www.politico.com/news/2024/07/26/at-south-florida-rally-trump-cycles-through-new-attacks-on-harris-00171503

https://www.msnbc.com/rachel-maddow-show/maddowblog/trump-raises-stakes-2024-race-praises-iron-fist-leaders-rcna163009

https://people.com/j-d-vance-says-he-wont-apologize-to-childless-women-over-cat-ladies-comment-8684740

https://www.vox.com/culture/363230/jd-vance-couch-sex-hillbilly-elegy-rumor-false

https://thehill.com/homenews/4793818-vance-vp-trump-house-republicans/

https://www.tallahassee.com/story/news/politics/elections/2024/07/26/kamala-harris-turns-to-florida-grassroots-in-race-against-donald-trump/74532978007/

https://ballotpedia.org/Florida_Amendment_4,_Right_to_Abortion_Initiative_(2024)

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July 25, 2024 Heather Cox Richardson

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TGIF: The Week Unburdened by the Week That Has Been Suzy Weiss

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Pro-Palestinian protesters gather outside of Union Station to protest Israeli prime minister Benjamin Netanyahu’s visit to the United States. (Probal Rashid via Getty Images)

Oh, no, it’s the sister again, for another slow news week. Let’s get to it.

Biden dropped out: Six years ago emotionally, but technically this past Sunday, Joe Biden dropped out of the presidential race. He did it via X and promptly threw his support (and cash) behind Vice President Kamala Harris. Then he got Covid and hunkered down in Delaware—or depending on what hooch you’ve been drinking, died and was reanimated so he could appear before the cameras on Wednesday to address the nation. Joe’s family, including Hunter, sat along the wall of the Oval Office as he spoke. The president talked about the cancer moonshot, ending the war in Gaza, putting the party over himself, and Kamala’s tenacity, as Kamala’s pistol dug ever-so-slightly harder into his back. Right after, Jill, the First Lady of passive aggression, who apparently wanted to outdo her heart emoji, tweeted a handwritten note “to those who never wavered, to those who refused to doubt, to those who always believed.” I respect a First Lady who stands by her man and her energetic stepson. A First Lady who sees the high road way up there and says to herself, “If they want us out of here so bad, they can clean out the fridge and strip the beds themselves!” 

Kamala is brat, Biden is boots, please God send the asteroid today: I’ve learned the hard way—and by that I mean my parents once asked me what “WAP” meant—that certain things should never be explained with words. It’s not that it’s impossible, it’s just that it embarrasses everyone.  

That’s how I feel about the whole Kamala-is-brat thing. Brat is a good album about partying and getting older and having anxiety that was released earlier this summer by Charli XCX. But it’s since been adopted by too-online and very young people as a personality, and by Kamala Harris’s campaign as a mode to relate to those very young people. Her campaign is leaning into the whole green look of the album to try and win over Gen Z, and generally recasting her many viral moments—“You think you just fell out of a coconut tree?” “I love Venn diagrams” “What can be, unburdened but what has been”—as calling cards. It’s like when Hillary went on Broad City, only this time more cringe.

And now we have Jake Tapper and Greg Gutfeld grappling with the “essence” and the “aesthetic” and overall vibe of brat girl summer. We used to be a serious country. We used to make things. 

Here’s the thing about Kamla: she is hilarious and campy, but unintentionally so. Any goodwill that her goofy dances or weird turns of phrase garner should be considered bonus points, not game play. Was there ever any doubt that Fire Island would go blue? We’ve been debating whether Kamala’s meme campaign is a good move for her prospects in the Free Press Slack, and here I’ll borrow from my older and wiser colleague Peter Savodnik: “There is nothing more pathetic than an older person who cares what a younger person thinks is cool.” 

Boomer behavior: While Kamala’s campaign is being run by a 24-year-old twink with an Adderall prescription, J.D. Vance’s speechwriter seems to be a drunk Boomer who just got kicked out of a 7-11. Vance, appearing this week at a rally in Middletown, Ohio, riffed, “Democrats say that it is racist to believe. . . well, they say it’s racist to do anything. I had a Diet Mountain Dew yesterday and one today, and I’m sure they’re going to call that racist too.” Crickets. Horror. Major “Thanks, Obama” energy. There was also a bit on fried bologna sandwiches and a lot of “lemme tell you another story.” The guy is 39 but sounds older than Biden. 

Fresher, 35-to-60-year-old blood is exactly what we’ve been begging for. Let the Boomers boom, let the Zoomers zoom. Kamala and J.D.: act your age. 


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