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OxyContin execs hear Tampa mom's anguish at sentencing

Julie Rinaldi drove north to tell of her daughter's death. Still, no jail for the executives who misbranded the drug.

By ABBIE VANSICKLE
Published July 21, 2007

Julie Rinaldi, mother of Sarah Nicole Rinaldi, who died when she was seventeen from taking oxycontin, gets some comfort from her friend Lynn Locascio of Palm Harbor. The two were at a rally held by victims' families before the sentencing hearing.
	[AP photo]

ADVERTISEMENT [Times photo: Brian Cassella] Sarah Rinaldi was 17 when she died in June 2006 of a combination of OxyContin and other drugs. A New Tampa high schooler, Sarah took a deadly dose of drugs after a night at an Ybor City nightclub. [AP photo] A crowd of people march along Main Street in Abingdon, Va. to raise awareness about the abuse of Oxycontin. Heartache resulting from OxyContin overdoses prompted about 40 people to gather in pouring rain Friday where the maker of the powerful painkiller and three current and former executives were to be sentenced for misleading the public about its risk of addiction. [Times photo: XXXX] Larry Golbom of Clearwater speaks passionately at a rally in Abingdon about Oxycontin abuse.

ABINGDON, VA - The federal judge had people just like Julie Rinaldi in mind when he invited anyone victimized by powerful painkiller OxyContin into his rural Virginia courtroom to speak before he sentenced drug executives.

The Tampa mom packed a snapshot of her dead daughter with her on the trek to the tiny town tucked into the Appalachian hills. Another mom brought her son's ashes into court in an urn. Others carried the painful memories of young lives ended.

U.S. District Judge James Jones sentenced three top executives with Purdue Pharma Friday, accepting a plea agreement that fined the Connecticut company and executives $634.5-million. The judge agreed to the deal, but added three years probation with community service for each executive.

They were pleading guilty to a misdemeanor charge of misbranding a drug, and could have been sentenced to up to a year in jail.

Jones was visibly troubled that the agreement did not include incarceration or designate a specific amount of money for rehabilitation and education, but prosecutors said the deal would bring justice in the long-running case.

After hearing more than two hours of poignant stories from the victims, the judge decided to add a personal touch to the sentence.

He required that each of the three executive spend their probation doing community service helping people who are dealing with prescription drug abuse.

"It's not perfect - I'm the first one to admit that - but it's fair, and it's just," said U.S. Attorney John Brownlee.

Julie Rinaldi's daughter, Sarah, was 17 when she died in June 2006 of a combination of OxyContin and other drugs. A New Tampa high schooler, Sarah took a deadly dose of drugs after a night at an Ybor City nightclub.

Since then, her mother and circle of suburban friends have gotten quite an education in the painkiller and addiction.

Online they learned of the U.S. attorney's case against the makers of OxyContin, a case set against the backdrop of the rural poverty of southwestern Virginia, among the first communities to report a connection between the painkiller and addiction.

Online the women also learned OxyContin-maker Purdue Pharma claimed the drug's marketing campaign was a victimless crime. So when Rinaldi and her friends heard the judge wanted to hear from anyone who felt otherwise, they headed north.

Kim Lang, 43, another Tampa mom whose son struggles with prescription drug abuse, drove more than 12 hours to get to the courthouse. She brought her son, Justin Skamarycz, 20, with her. They stopped to pick up Rinaldi, 47, who was vacationing in Gatlinburg, Tenn. They wore matching pink-and-black T-shirts that read "Pink Star," the foundation Rinaldi started to help others battling drug abuse.

Rinaldi and Lang want to tell other parents they're not alone, that prescription drug abuse is not the fault of teens or bad parenting.

"I played jazz music to him, I read books to him when I was pregnant," Lang said. "They blame the kids. When they're done blaming the kids, they blame the parents."

As rain beat down, Rinaldi and Lang wrapped clear plastic scarves over their heads and tried to stay dry, joining about 50 people for a rally in an Abingdon park. They carried pink signs with Sarah's picture and a banner.

They listened as people from around the country shared their pain. A group of mothers from Massachusetts in blue T-shirts. A California doctor and his wife whose son died. A Largo man who hosts a radio show on prescription drug abuse.

The judge gave each person two minutes to tell their story.

Rinaldi wanted to show the judge Sarah's face, but photos weren't allowed. Soaked to the bone, she changed into fresh clothes for court and carried a few notes to calm her nerves.

People spoke in alphabetical order, and the judge let them exceed the time limit. Many spoke firmly, and directed comments at the three executives: Michael Friedman, the company's former president, attorney Howard Udell and former medical director Dr. Paul Goldenheim.

As Rinaldi walked to the lectern, she thought of Sarah. She was doing this for her girl.

"I'm just here as a mom, a mom that will never be called Grandma," she told the judge, her voice steady and clear. She didn't say what punishment she hoped for, only that she wanted accountability for the executives. She told him about the deaths in the Tampa Bay area, that on the drive up she got a call about another teen's death.

"Nobody is being held responsible for anything these days," she said.

As Lang sat watching her friend, she wanted to stand up and demand answers, like in one of those movies.

"Right now, I want to be Erin Brockovich," she said.

Attorneys for the three defendants said their clients were all moral and upstanding men. They also said none of them participated in the false marketing of the drug, which violated company policy.

The defense also put on witnesses who said they had been helped by OxyContin.

Dillie R. Walker, 48, a tool and die maker from Bay City, Mich., who suffered a back injury on the job, said that after he started taking OxyContin, "I felt better for the first time in years."

It was 4:20 p.m. by the time the judge announced his decision.

"While this may not be a popular decision, my job is not to make popular decisions but to follow the law," Jones said.

The executives didn't have any comment on the sentence. The prosecutors said they were pleased with the sentence.

"The judge got it right," Lang said. "It sends a message to corporate America. You will be held accountable."

Rinaldi felt she had done right.

"I was just thinking about my girl and getting her some kind of justice," she said.

Fast Facts:

About OxyContin

OxyContin contains oxycodone, a very strong narcotic pain reliever similar to morphine. Because OxyContin is time-released, breaking, chewing or crushing it may result in overdose. It is intended to relieve moderate to severe pain that is present all the time. Combining OxyContin with sleeping pills, tranquilizers and other pain medications, or with alcohol, may result in injury or death. Taking OxyContin daily can result in physical dependence.

Source: U.S. Food & Drug Administration

[Last modified July 23, 2007, 11:22:54]