OXYCONTIN PLAINTIFFS LOSE DECISION

Federal Judge Denies Class-Action Status For Suit

The first group of Kentuckians to sue the maker of the much-abused
painkiller OxyContin has lost a key decision.

Half a dozen southeast Kentucky residents, and the estates of two people
who died, had asked to have their lawsuit against Purdue Pharma L.P.
certified as a class action. That could have added hundreds of people to
the suit, making for a much higher potential damage award against the
Connecticut company.

U.S. District Judge Danny C. Reeves denied the request this week.

Among other things, Reeves ruled that the proposed class of plaintiffs was
so large and diverse that it was not adequately defined, and that the claim
of each plaintiff would involve unique facts and questions, and so didn't
have enough in common to justify joining as a class.

"This is an important legal victory in this case," said Tim Bannon, a
spokesman for Purdue Pharma.

There are about 50 OxyContin lawsuits pending against Purdue Pharma around
the country. Reeves' ruling was the first barring class-action status in
any of those cases.

Bill Hayes, a Middlesboro attorney who represents those suing Purdue
Pharma, said they weren't surprised by Reeves' ruling and will continue
their individual claims against the company.

The lawsuit, filed last June, alleges that aggressive, deceptive marketing
by Purdue Pharma and over-prescription of the drug led to serious problems
with addiction, crime and overdose deaths in southeastern Kentucky. It
seeks unspecified damages.

Purdue Pharma argues that its marketing has been legal and responsible.
Illegal diversion is to blame for problems with abuse of the drug in
Kentucky and elsewhere, the company has said.

OxyContin has helped hundreds of thousands of chronic pain sufferers, but
the powerful painkiller also became one of the most abused drugs in some
rural areas of Kentucky and other states the last two years, playing a role
in thefts and overdose deaths.