Equity Technologies & Resources (fka ETCR)

[Al Tillis]

Federal Judge in Kentucky Rejects Injunction on OxyContin
Ruling Protects Patient Access to Appropriate Pain Medications

LONDON, Ky., Jan. 2 /PRNewswire/ -- Judge Jennifer B. Coffman of the U. S. District Court for the Eastern District of Kentucky in an order dated December 27, 2001 denied plaintiffs' motion in Foister, et al. v. Purdue Pharma L.P., et al. that sought to impose a variety of restrictions on access to OxyContin(R) (oxycodone HCL controlled-release) Tablets, even by legitimate pain patients with valid physician prescriptions. In denying plaintiffs' motion in its entirety, Judge Coffman also rejected plaintiffs' efforts to restrict how the medication is marketed in Kentucky.

The plaintiffs in Foister claim to represent a proposed class of persons allegedly harmed by OxyContin after developing an addiction to it when it was prescribed to them by a physician for pain relief.

Following an evidentiary hearing, during which Judge Coffman took testimony under oath from plaintiffs' witnesses, the Court, in a 14-page order and decision, denied both a preliminary injunction and a temporary restraining order, finding that plaintiffs lacked standing and failed to show a likelihood of irreparable harm. Judge Coffman said:

"The plaintiffs have failed to produce any evidence showing that the
defendants' marketing, promotional, or distribution practices have ever
caused even one tablet of OxyContin to be inappropriately prescribed or
diverted."

"We are extremely pleased with Judge Coffman's ruling rejecting an attempt by plaintiffs' lawyers to hinder legitimate patients in pain in Kentucky from receiving proper medication. OxyContin has helped thousands of Kentuckians in pain to have a better quality of life," said Dr. Paul Goldenheim, Executive Vice President, Worldwide R&D and senior physician at Purdue Pharma L.P., the Stamford, Connecticut based manufacturer of OxyContin.

Howard R. Udell, Executive Vice President and General Counsel at Purdue Pharma noted that this was the first test in a series of so called class actions brought by people who claim that they have been damaged as a result of their use or misuse of OxyContin tablets.

"Purdue will challenge each of these baseless lawsuits and we are confident that this will be the first of many similar decisions. We believe that when judges consider the law and the facts, as contrasted with the claims of plaintiffs' lawyers looking to profit from these groundless lawsuits, they will conclude that the facts just don't support the claims," said Udell.

Purdue Pharma L.P., headquartered in Stamford, Conn., is a privately-held pharmaceutical company engaged in the research, development, production, sales and marketing of both prescription and over-the-counter medicines and hospital products.

The labeling for OxyContin tablets contain the following warnings:

-- OxyContin is an opioid agonist and a Schedule II controlled substance
with an abuse liability similar to morphine.
-- Oxycodone can be abused in a manner similar to other opioid agonists,
legal or illicit. This should be considered when prescribing or
dispensing OxyContin in situations where the physician or pharmacist
is concerned about an increased risk of misuse, abuse, or diversion.
-- OxyContin Tablets are a controlled-release oral formulation of
oxycodone hydrochloride indicated for the management of moderate to
severe pain when a continuous, around-the-clock analgesic is needed
for an extended period of time.
-- OxyContin Tablets are NOT intended for use as a prn analgesic.
-- OxyContin 80 mg and 160 mg Tablets are for use in opioid-tolerant
patients only. These tablet strengths may cause fatal respiratory
depression when administered to patients not previously exposed to
opioids.
-- OxyContin Tablets are to be swallowed whole and are not to be broken,
chewed, or crushed. Taking broken, chewed, or crushed OxyContin
Tablets leads to rapid release and absorption of a potentially fatal
dose of oxycodone.

Full prescribing information for OxyContin Tablets can be found online at the Purdue website at http://www.purduepharma.com/PRESSROOM/PI/OXYCONTIN_PI.PDF.

This and other recent announcements are available on the Purdue Pharma web site at http://www.purduepharma.com.

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SOURCE Purdue Pharma L.P.

/CONTACT: Tim Bannon of Purdue Pharma L.P., [phone]/

/Web site: http://www.purduepharma.com

http://www.purduepharma.com/PRESSROOM/PI/OXYCONTIN_PI.PDF/