Endo 1400 Atwater Drive Malvern, PA 19355 484.216.7752 610.884.5568 fax maletta.matthew@endo.com endo.com Matthew J. Maletta Executive Vice President, Chief Legal Officer
November 28, 2017 The Hon. Mike DeWine Ohio Attorney General 30 E. Broad St., 17th Floor Columbus, OH 43215 Re: State of Ohio ex rel. Mike DeWine v. Purdue Pharma, L.P., et al. Dear Mr. DeWine: Thank you for your October 30, 2017 letter to Endo Health Solutions, Inc.’s external counsel regarding the above-referenced matter. Given the substance of your letter and recent public statements, I feel compelled to respond directly. As you note, current opioid abuse levels constitute a national public health crisis. Any serious analysis of this crisis must recognize it as a complex problem with root causes that are difficult to disentangle. Any serious solution must therefore be multifaceted and not only consider the product supply chain, but also individual patient risk factors and the role of prescribing healthcare providers, together with scientific, legislative and regulatory measures, training, treatment and education. Criminal trafficking of opioids (including fentanyl), illegal Internet sales and importation must also be addressed. Finally, the legitimate access needs of the millions of patients suffering from acute or chronic pain who rely on opioids to improve their quality of life should be considered in connection with any potential solution. Given this reality, your letter’s assertion that the pharmaceutical industry “caused this epidemic” is—at best—a stunning oversimplification. I also found your associated public statement that pharmaceutical manufacturers “laid waste to Ohio as only the worst plague could” to be both misinformed and offensive. More importantly, your false political narrative does a disservice to the development and implementation of a comprehensive solution to the opioid crisis, which will only be achieved through collaboration and partnership among multiple stakeholders. Litigation and vilification, on the other hand, will not accomplish that shared goal. I further note that your characterization of the pharmaceutical industry as doing nothing more than “make public comments and express a desire to be part of the [opioid] solution” is false. Specifically, during the past year and despite facing significant financial challenges, Endo took meaningful action by voluntarily ceasing opioid promotion and eliminating its entire product salesforce. Endo also voluntarily withdrew Opana® ER from the market following FDA’s request despite having a statutory right to challenge that request (which was based on a novel interpretation of FDA’s statutory authority), implemented additional anti-diversion measures and terminated its new opioid product development programs. In closing and in responding to your letter’s invitation to meet, I welcome that opportunity and I am hopeful I will see you or a representative of your office at our next meeting with the coalition of state attorneys general already working on this critical issue. Very truly yours,
Matthew J. Maletta
cc:
Jonathan L. Stern, Arnold & Porter Kaye Scholer