Pubdate: Sat, 21 Jul 2007
Source: St. Petersburg Times (FL)
Copyright: 2007 St. Petersburg Times
Contact: http://www.sptimes.com/letters/
Website: http://www.sptimes.com/home.shtml
Details: http://www.mapinc.org/media/419
Author: Abbie Vansickle
Bookmark: http://www.mapinc.org/find?232 (Chronic Pain)
Bookmark: http://www.mapinc.org/oxycontin.htm (OxyContin/Oxycodone)

OXYCONTIN EXECS HEAR TAMPA MOM'S ANGUISH AT SENTENCING

Julie Rinaldi Drove North to Tell of Her Daughter's Death. Still, No 
Jail for the Executives Who Misbranded the Drug

ABINGDON, VA - The federal judge had people just like Julie Rinaldi 
in mind when he invited anyone victimized by powerful painkiller 
OxyContin into his rural Virginia courtroom to speak before he 
sentenced drug executives.

The Tampa mom packed a snapshot of her dead daughter with her on the 
trek to the tiny town tucked into the Appalachian hills. Another mom 
brought her son's ashes into court in an urn. Others carried the 
painful memories of young lives ended.

U.S. District Judge James Jones sentenced three top executives with 
Purdue Pharma Friday, accepting a plea agreement that fined the 
Connecticut company and executives $634.5-million. The judge agreed 
to the deal, but added three years probation with community service 
for each executive.

They were pleading guilty to a misdemeanor charge of misbranding a 
drug, and could have been sentenced to up to a year in jail.

Jones was visibly troubled that the agreement did not include 
incarceration or designate a specific amount of money for 
rehabilitation and education, but prosecutors said the deal would 
bring justice in the long-running case.

After hearing more than two hours of poignant stories from the 
victims, the judge decided to add a personal touch to the sentence.

He required that each of the three executive spend their probation 
doing community service helping people who are dealing with 
prescription drug abuse.

"It's not perfect - I'm the first one to admit that - but it's fair, 
and it's just," said U.S. Attorney John Brownlee.

Julie Rinaldi's daughter, Sarah, was 17 when she died in June 2006 of 
a combination of OxyContin and other drugs. A New Tampa high 
schooler, Sarah took a deadly dose of drugs after a night at an Ybor 
City nightclub.

Since then, her mother and circle of suburban friends have gotten 
quite an education in the painkiller and addiction.

Online they learned of the U.S. attorney's case against the makers of 
OxyContin, a case set against the backdrop of the rural poverty of 
southwestern Virginia, among the first communities to report a 
connection between the painkiller and addiction.

Online the women also learned OxyContin-maker Purdue Pharma claimed 
the drug's marketing campaign was a victimless crime. So when Rinaldi 
and her friends heard the judge wanted to hear from anyone who felt 
otherwise, they headed north.

Kim Lang, 43, another Tampa mom whose son struggles with prescription 
drug abuse, drove more than 12 hours to get to the courthouse. She 
brought her son, Justin Skamarycz, 20, with her. They stopped to pick 
up Rinaldi, 47, who was vacationing in Gatlinburg, Tenn. They wore 
matching pink-and-black T-shirts that read "Pink Star," the 
foundation Rinaldi started to help others battling drug abuse.

Rinaldi and Lang want to tell other parents they're not alone, that 
prescription drug abuse is not the fault of teens or bad parenting.

"I played jazz music to him, I read books to him when I was 
pregnant," Lang said. "They blame the kids. When they're done blaming 
the kids, they blame the parents."

As rain beat down, Rinaldi and Lang wrapped clear plastic scarves 
over their heads and tried to stay dry, joining about 50 people for a 
rally in an Abingdon park. They carried pink signs with Sarah's 
picture and a banner.

They listened as people from around the country shared their pain. A 
group of mothers from Massachusetts in blue T-shirts. A California 
doctor and his wife whose son died. A Largo man who hosts a radio 
show on prescription drug abuse.

The judge gave each person two minutes to tell their story.

Rinaldi wanted to show the judge Sarah's face, but photos weren't 
allowed. Soaked to the bone, she changed into fresh clothes for court 
and carried a few notes to calm her nerves.

People spoke in alphabetical order, and the judge let them exceed the 
time limit. Many spoke firmly, and directed comments at the three 
executives: Michael Friedman, the company's former president, 
attorney Howard Udell and former medical director Dr. Paul Goldenheim.

As Rinaldi walked to the lectern, she thought of Sarah. She was doing 
this for her girl.

"I'm just here as a mom, a mom that will never be called Grandma," 
she told the judge, her voice steady and clear. She didn't say what 
punishment she hoped for, only that she wanted accountability for the 
executives. She told him about the deaths in the Tampa Bay area, that 
on the drive up she got a call about another teen's death.

"Nobody is being held responsible for anything these days," she said.

As Lang sat watching her friend, she wanted to stand up and demand 
answers, like in one of those movies.

"Right now, I want to be Erin Brockovich," she said.

Attorneys for the three defendants said their clients were all moral 
and upstanding men. They also said none of them participated in the 
false marketing of the drug, which violated company policy.

The defense also put on witnesses who said they had been helped by OxyContin.

Dillie R. Walker, 48, a tool and die maker from Bay City, Mich., who 
suffered a back injury on the job, said that after he started taking 
OxyContin, "I felt better for the first time in years."

It was 4:20 p.m. by the time the judge announced his decision.

"While this may not be a popular decision, my job is not to make 
popular decisions but to follow the law," Jones said.

The executives didn't have any comment on the sentence. The 
prosecutors said they were pleased with the sentence.

"The judge got it right," Lang said. "It sends a message to corporate 
America. You will be held accountable."

Rinaldi felt she had done right.

"I was just thinking about my girl and getting her some kind of 
justice," she said.

[sidebar]

Fast Facts:

ABOUT OXYCONTIN

OxyContin contains oxycodone, a very strong narcotic pain reliever 
similar to morphine. Because OxyContin is time-released, breaking, 
chewing or crushing it may result in overdose. It is intended to 
relieve moderate to severe pain that is present all the time. 
Combining OxyContin with sleeping pills, tranquilizers and other pain 
medications, or with alcohol, may result in injury or death. Taking 
OxyContin daily can result in physical dependence.

Source - U.S. Food & Drug Administration 
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MAP posted-by: Richard Lake