Marion County family who lost son to opioid addiction reflects on Supreme Court decision

LAWRENCE, Ind. — The U.S. Supreme Court announced a major decision Thursday against a drug manufacturer at the center of the opioid epidemic.

Justices rejected a nationwide opioid settlement with OxyContin maker Purdue Pharma. That settlement would have protected the company’s owners from any future lawsuits, but it also would have provided billions of dollars to combat the opioid epidemic.

But for some families who have been personally impacted by the opioid crisis, Thursday’s decision came as very welcomed news.

“A victory today is a win for us and I’m certainly not going to go away now,” said Kristy Nelson, who lost her son to an opioid overdose more than 15 years ago.

Kristy Nelson and her husband Bill vividly remember when their son Bryan Fentz struggled with addiction.

“It was just so strong,” Kristy described. “It was stronger than he was at the time. And he’s one of the few that didn’t make it out to the other side.”

Bryan had been prescribed OxyContin by a doctor after a serious car wreck. Kristy said she still remembers the doctor’s reassuring words at the time.

“‘Don’t worry about it, you can’t get addicted,'” she recalled. “And of course now, we know the information the doctor had was false from Purdue Pharma.”

But the Nelsons said their son, a straight ‘A’ student who dreamt of studying law, quickly became dependent on the drug. Then one morning, unimaginable tragedy unfolded.

“How horrific that morning was and how it changed our lives forever,” Kristy reflected.

Bryan was only 20 years old when he overdosed. Early one January morning in 2009, Kristy found Bryan in his bedroom unresponsive. She frantically called 911. The Nelsons have relived that horror every single day and they have been fighting for justice ever since.

While not admitting any wrongdoing, Purdue Pharma paid billions in settlements. However, the Nelsons said no amount of money can bring their son back.

“[Paying] $3,500 for the loss of our son over 18 years; that’s about $194 a year,” Bryan’s stepfather William “Bill” Nelson said. “Purdue Pharma at the time was making $3 billion a year. It’s a slap in the face.”

As a part of Purdue Pharma’s settlement, the company’s owners, the Sackler family, would be guaranteed protection from any future lawsuits. But on Thursday, the Supreme Court rejected that plan.

Families like the Nelsons hope this opens the door to criminal charges down the road.

“It’s really not about the money,” Kristy said. “We wanted a chance to go to the DOJ and now we have time to get the DOJ on board and say, ‘Hey, there was criminal activity here. Somebody needs to be held liable.’ They think they can buy their way out of it, but hopefully not this time.”

Opponents of the decision argue it delays urgently getting the money to victims’ families, states, native tribes and other groups impacted by the opioid crisis.

It is still unclear what happens next, but those involved in the case said they expect talks to resume. The members of the Sackler family suggested they would return to negotiations.

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