US Judge Robert Drain: Recuse Yourself!

US Judge Robert Drain should not be presiding over the Purdue Pharma bankruptcy case.

(MYRTLE BEACH, SC) - The disgraced Sackler family, owner of Purdue Pharma maker of the criminally marketed opioid OxyContin, has been in the news over a bankruptcy case in NY.

This case is being presided over by U.S. Bankruptcy Judge Robert Drain of White Plains, New York.

The unprecedented interest in the court action in White Plains, NY is because of the deaths and addictions caused by OxyContin now reportedly in the millions.

To date, the bankruptcy court has implemented injunctions to halt proceedings in several hundred lawsuits charging that Sackler family members directed the aggressive marketing of OxyContin.

Gerald Posner, attorney and best selling author of "PHARMA" recently wrote an op-ed for the "NY Times" with University of Illinois law professor, Ralph Brubaker, calling for justice for victims of the Sacklers and Purdue Pharma entitled "The Sacklers Could Get Away With It." Here is a link to Posner and Brubaker's published piece: https://lnkd.in/dftbpai

Today, Gerald Posner was quoted as saying "Yesterday, the bankruptcy judge, Robert Drain, responded to this piece, and one I wrote in the "LA Times" in May that called for the appointment of a special examiner in the case.

Instead of indicating that he might weigh the issues we raised, he instead took the opportunity to rebuke the press for "IRRESPONSIBLE" coverage. In particular, he castigated "NUMBSKULL" writers and "MISGUIDED" law professors.

Unfortunately, not a very promising sign that he might change course and hold the Sacklers fully accountable for their role in the #opioidcrisis"

My first thought was how unprofessional and egregious for Judge Drain to lash out on a personal level against two attorneys using the degrading names "numbskull" and "misguided." Why the anger Judge Drain?

So I did some digging and connected some dots to uncover the good judge's anger and personal attack.

In June 2007, I testified against the three CEO's of Purdue Pharma in federal court in Abingdon, Virginia at their sentencing for the misbranding of their killer opioid, OxyContin. In front of me sat, Michael Friedman, Paul Goldenheim, MD and Howard Udell, Chief Counsel (now deceased).

Many did not know that Howard Udell had a son, Jeffrey A. Udell -- also an attorney. Jeffrey made the mistake of emailing me after the sentencing that his father was thought of as a "saint."

I replied that his father was the furthest person to be considered a saint. He was responsible (at that time) for thousands of deaths and addictions.

So why am I calling for Judge Drain to recuse himself -- or be removed from the Purdue Pharma bankruptcy court action?

Most judges and prosecutors will automatically recuse themselves if they feel there is a conflict of interest. If they do not, a motion can be filed to have the judge recused.

Jeffrey A. Udell was an associate in the New York law firm of Paul, Weiss, Rifking, Wharton & Garrison from 1996 - 1999.

Judge Robert Drain was a partner in the New York law firm of Paul, Weiss, Rifking, Wharton & Garrison at the same time.

Why the anger and lashing out at an op-ed published in the "New York Times" Judge Drain?

My first thought was a personal attack against two attorneys writing an op-ed by a US District Judge on a case before him should be grounds for immediate removal. I believe it's called conflict of interest and ties to Purdue Pharma.

It's time for Judge Drain to recuse himself from any legal decisions relative to Purdue Pharma. I will be working on achieving this goal.

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Marianne Skolek-Perez, Salem-News.com Investigative Reporter, is an Activist for Victims of OxyContin and Purdue Pharma throughout the United States and Canada. In July 2007, she testified against Purdue Pharma in Federal Court in Virginia at the sentencing of their three CEO's - Michael Friedman, Howard Udell and Paul Goldenheim - who pleaded guilty to charges of marketing OxyContin as less likely to be addictive or abused to physicians and patients. She also testified against Purdue Pharma at a Judiciary Hearing of the U.S. Senate in July 2007. Marianne works with government agencies and private attorneys in having a voice for her daughter Jill, who died in 2002 after being prescribed OxyContin, as well as the voice for scores of victims of OxyContin. She is currently working on a book that exposes Purdue Pharma for their continued criminal marketing of OxyContin.

Marianne is a nurse, graduated in 1991 as president of her class, and also has a Paralegal certification. Marianne served on a Community Service Board for the Courier News, a Gannet newspaper in NJ, writing articles predominantly regarding AIDS patients and their emotional issues. She was awarded a Community Service Award in 1993 by the Hunterdon County, NJ HIV/AIDS Task Force in recognition of and appreciation for the donated time, energy and love in facilitating a Support Group for persons with HIV/AIDS.

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