Opioid company may back out of $20 million owed to Virginia

One of the major pharmaceutical companies accused of flooding America with generic, addictive painkillers is floating a plan to avoid paying over $1 billion as part of a national settlement for victims of the opioid epidemic.

Mallinckrodt Pharmaceuticals, which produced more than a third of the opioids in circulation from 2006 to 2012, is one of several companies that stood accused of ignoring free-wheeling drug sales, often known as pill mills, as it pursued profits.

In the face of over 3,000 lawsuits, the company filed for bankruptcy in October 2020. The move allowed it to forge an agreement with every state in the nation: $1.7 billion to make all the lawsuits go away, end future litigation, and admit no fault.

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Virginia Attorney General-Interview

Attorney General Jason Miyares speaks during an interview at his office in Richmond on May 9. A spokesperson for Miyares, Victoria LaCivita, said the office is reviewing the Mallinckrodt reorganization plan approved by the bankruptcy court and evaluating potential options for the states.




The Wall Street Journal reported last month that Mallinckrodt is exploring ways to wriggle out of its payment. So far, the company has paid $450 million of its $1.7 billion debt.

The Dublin-based company owes the state of Virginia a total of $21.1 million, according to the office of Attorney General Jason Miyares.

Filings with the Securities and Exchange Commission hint at the companys internal deliberations, which appear to have resulted from pressure by investors. The Wall Street Journal has reported that these are primarily two hedge funds that are seeking to recoup money they say is owed to them.

The Board is actively evaluating the Companys capital needs in light of its obligations under its opioid settlement and its long-term debt, the filing reads.

It is not clear whether a second bankruptcy proceeding will be accepted in court. But if accepted, it would likely pay out money from the struggling company to creditors first and victims of the opioid epidemic afterward. NPR has reported that the total sum withdrawn is around $1 billion.

A spokesperson for Miyares, Victoria LaCivita, said the office is reviewing the Mallinckrodt reorganization plan approved by the bankruptcy court and evaluating potential options for the states.







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John Shinholser, co-founder of the McShin Foundation, listens as CEO Honesty Liller speaks during the community meeting time in the McShin chapel on March 8. Liller wants to see Mallinckrodt Pharmaceuticals held accountable. These funds would help families and our community heal from the pain these medications have caused, she said.




Honesty Liller, CEO of recovery nonprofit McShin, said the company should be held accountable. She said meeting families who have lost a loved one to opioids has been heartbreaking for many years.

You cant put a price on a life, but you can do what is right for your wrongs, Liller said. These funds would help families and our community heal from the pain these medications have caused.

In Virginia, much of the opioid settlement money is being managed by a newly formed state body, the Opioid Abatement Authority. The OAA is distributing the money from companies to Virginia localities that apply and show the agency that the funds will be used for abatement.

Some early projects have already been funded, such as a womens shelter in Washington County in Southwest Virginia. The company, which was approved $116,000 from the OAA, says it will be used to build a 54-bed shelter in downtown Abingdon.

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