opioid

At its core, a civil suit is about money. Nobody pleads guilty. Nobody goes to prison. Somebody either pays somebody else or doesn’t.

That’s why roughly 95% of civil suits nationwide reach a settlement ahead of or during trial, legal experts say. Pretrial discovery is usually comprehensive and mediation can produce agreements. Trials are costly, and plaintiffs and defendants alike overwhelmingly prefer to eliminate the risk of an all-or-nothing jury verdict by agreeing on a compromise dollar figure.

That’s also why the case brought by the family of deceased Angels pitcher Tyler Skaggs against the Angels has surprised some legal experts. A recent one-day settlement conference between lawyers went nowhere, and both sides are focused on a trial, which begins Monday in Orange County Superior Court with opening statements and witness testimony.

Skaggs was found dead in his hotel room in Southlake, Texas, on July 1, 2019, before the Angels were scheduled to start a series against the Texas Rangers. The Tarrant County medical examiner conducted an autopsy and found that in addition to the opioids, Skaggs had a blood-alcohol level of 0.12. The autopsy determined he died from asphyxia after aspirating his own vomit, and that his death was accidental.

Former Angels communications director Eric Kay was sentenced to 22 years in federal prison Tuesday after being convicted of providing the counterfeit oxycodone pills laced with fentanyl that led to the Skaggs’ overdose.

Prosecutors alleged Kay sold opioids to Skaggs and at least five other professional baseball players from 2017 to 2019. Several players testified during the trial about obtaining illicit oxycodone pills from Kay.

The Skaggs family filed their lawsuit in June 2021, alleging the Angels knew, or should have known, that Kay was supplying drugs to Skaggs and other players. Testimony established that Kay was also a longtime user of oxycodone and that the Angels knew it.

The Angels responded by saying that a former federal prosecutor the team hired to conduct an independent investigation into the circumstances that led to Skaggs’ death determined no team executives were aware or informed of any employee providing opioids to any player.

“The lawsuits are entirely without merit and the allegations are baseless and irresponsible,” the Angels said in a statement shortly after the lawsuit was filed. “The Angels organization strongly disagrees with the claims made by the Skaggs family and we will vigorously defend these lawsuits in court.”

The team has not budged from that position even after years of discovery that included more than 50 depositions, a pretrial ruling by the judge that Kay’s conviction cannot be questioned during the civil trial and Judge H. Shaina Colover denying the Angels’ motion for summary judgment by saying, “There is evidence that … Angels baseball had knowledge that Kay was distributing drugs to players and failed to take measures to get him to stop.”

The settlement conference held between lawyers for the Angels and the plaintiffs — which include Skaggs’ widow Carli, mother Debra Hetman and father Darrell Skaggs — merely underscored that the two sides see the case very differently, according to people close to the negotiations not authorized to speak publicly about the case.

Settlement conferences are confidential and the California Evidence Code protects statements and conduct during conferences from being used to prove liability. However, legal experts said it is clear the two sides remain far apart in assessing the value of the case.

“They definitely could have been talking settlement all along,” said Edson K. McClellan, an Irvine lawyer who specializes in high-stakes civil and employment litigation. “I would be surprised if they haven’t engaged in some settlement negotiations.”

Damages sought by the Skaggs family include his projected future earnings and compensation for the pain and anguish the family suffered.

Lawyers for the Skaggs family originally said they were seeking $210 million, although that number has risen during four years of pretrial litigation. A claim by Angels lawyer Todd Theodora in a hearing this summer that the plaintiffs were asking for $1 billion was shot down last week by a person in the Skaggs camp who said “we are not asking anywhere remotely close to that. My god, the whole world would turn upside down.”

Skaggs had unquestionable earning potential. The left-handed former first-round draft pick was only 27 and an established member of the Angels starting rotation when he died. He was making $3.7 million in 2019 and likely would have made at least $5 million in his final year of arbitration before becoming a free agent after the 2020 season.

Although Skaggs posted average statistics — his earned-run average was over 4.00 in each of his seven seasons and his career won-loss record was 28-38 — free-agent contracts for starters under 30 range from three to six years for $15,000 to $25,000 a year. And he could have merited another contract in his mid-30s.

Assuming he remained healthy — Skaggs missed the 2015 season because of Tommy John surgery and had other injuries during his career — experts said a reasonable prediction of future earnings could exceed $100 million. However, his established history of drug use could dampen the projections.

“Speculative projections, making the assumption that he played another 10 years, push an award into nine figures, but honestly, looking at the level of drug abuse, jurors could have doubts,” said Lauren Johnson-Norris, an Orange County-based defense lawyer.

Pain, suffering and mental anguish damages could add to an award either by jury verdict or settlement. Legal experts expect Skaggs’ lawyers — who include nationally renowned Rusty Hardin and Shawn Holley — to point out that losing a husband or a son that your life centered around is worth an award.

Opening statements this week should illustrate why the two sides aren’t close to a settlement.

Skaggs’ lawyers will say the Angels are responsible for his death because they knew Kay was a habitual drug user that procured opioids for players, pointing to evidence that Angels team physician Craig Milhouse prescribed Kay with hydrocodone 15 times from 2009 to 2012.

Also likely to be mentioned will be Angels star Mike Trout who, according to the deposition of former Angels clubhouse attendant Kris Constanti, offered to pay for Kay’s drug rehabilitation in 2018.

The Angels will counter by telling the jury that prosecutors in Kay’s criminal trial concluded he was not acting as an employee when he gave Skaggs the fentanyl-laced oxycodone. Kay was charged and convicted, not the team.

Skaggs and Kay, the Angels will contend, were two men engaging in criminal misconduct on their own time and they concealed it from the team. The Angels lawyers will tell the jury that taking opioids prescribed by a physician during recovery from surgery is vastly different than Skaggs chopping up and snorting counterfeit pills that were not prescribed for him.

Witness testimony will begin after the opening statements, and current and former Angels executives Tim Mead, Tom Taylor and John Carpino are expected to be the first called.

And as the lawyers make their best arguments and witnesses provide testimony in a trial expected to take more than two months, both sides will be silently evaluating whether pursuing a settlement is in their best interest.

An agreement could be reached at any time, abruptly ending court proceedings.

“Sometimes what triggers a settlement is a court ruling or a witness performing well or poorly,” McClellan said. “As the trial unfolds and evidence is actually coming in, risk is brought into focus and makes plaintiffs and defendants evaluate their case in a more clear light.”

More than four years after the family of deceased Angels pitcher Tyler Skaggs filed a wrongful death suit against the Angels, jury selection will begin Monday in Orange County Superior Court.

Skaggs’ widow Carli Skaggs and parents Debra Hetman and Darrell Skaggs stated in a court filing that they seek at least $210 million in lost earnings and damages. A lawyer for the Angels said in a pretrial hearing that the plaintiffs now seek a judgment of $1 billion, although the lead attorney representing the family said the number is an exaggeration.

The trial is expected to last several weeks. Pretrial discovery included more than 50 depositions and the witness list contains nearly 80 names.

Lawyers for the Skaggs family aim to establish that the Angels were responsible for the death of the 27-year-old left-handed pitcher on July 1, 2019, after he snorted crushed pills that contained fentanyl in a hotel room during a team road trip in Texas.

An autopsy concluded Skaggs accidentally died of asphyxia after aspirating his own vomit while under the influence of fentanyl, oxycodone and alcohol.

Angels communications director Eric Kay provided Skaggs with counterfeit oxycodone pills that turned out to be laced with fentanyl and is serving 22 years in federal prison for his role in the death. Skaggs’ lawyers will try to prove that other Angels employees knew Kay was providing opioids to Skaggs.

“The Angels owed Tyler Skaggs a duty to provide a safe place to work and play baseball,” the lawsuit said. “The Angels breached their duty when they allowed Kay, a drug addict, complete access to Tyler. The Angels also breached their duty when they allowed Kay to provide Tyler with dangerous illegal drugs. The Angels should have known Kay was dealing drugs to players. Tyler died as a result of the Angels’ breach of their duties.”

The Skaggs family planned to call numerous current and former Angels players as witnesses, including future Hall of Famers Mike Trout and Albert Pujols as well as pitcher Andrew Heaney — Skaggs’ best friend on the team — in an attempt to show that Skaggs was a fully functioning major league pitcher and not an addict.

Pretrial filings and hearings indicated that the Angels were attempting to show that Skaggs was a longtime drug user who acquired pills from sources other than Kay. Skaggs’ mother, Debbie Hetman, testified during Kay’s 2022 criminal trial that her son admitted he had an “issue” with oxycodone as far back as 2013.

Hetman said her son quit “cold turkey” but she testified the addiction remained enough of a concern that Skaggs wasn’t prescribed opioids after undergoing Tommy John surgery in August 2014.

Judge H. Shaina Colover dashed a key Angels defense strategy when she ruled that Kay’s criminal conviction could not be disputed during the civil trial. Angels attorney Todd Theodora contended that new evidence indicated Skaggs died of a “cardiac arrhythmia, second to the fact that Tyler had 10 to 15 drinks in him, coupled with the oxycodone, for which Angels baseball is not responsible.”

Theodora said that if the Angels could prove Kay was not guilty beyond a reasonable doubt, neither Kay nor the team would be culpable in Skaggs’ death. Colover, however, ruled that Kay’s “conviction, based on applicable law and facts, was final.” Kay’s appeal was denied in federal court in November 2023.

Pretrial depositions of Angels players and support personnel provided a rare glimpse into the rowdy, often profane culture of a major league clubhouse.

Angels clubhouse attendants testified that Kay participated in stunts such as purposely taking an 85-mph fastball off his knee in the batting cage, having a pitcher throw a football at his face from short range, eating a bug and eating pimples off the back of Trout.

Tim Mead, the Angels longtime vice president of communication and Kay’s supervisor, acknowledged as much in his deposition, saying, “If you try to describe a clubhouse or a locker room in professional sports, or even college, and probably even the military in terms, and try to equate it to how we see — how this law firm is run or a corporation is run, you know, unfortunately, there’s not lot of comparison…. There’s a lot of fun, there’s a lot of release.”

And a lot of painkillers. Former Angels players Matt Harvey, C.J. Cron, Mike Morin and Cam Bedrosian testified at Kay’s trial that he distributed blue 30 milligram oxycodone pills to them at Angel Stadium. Skaggs, testimony revealed, was a particularly frequent customer.

Testimony established that Kay was also a longtime user of oxycodone and that the Angels knew it. In a filing, the Skaggs family showed evidence that Angels team physician Craig Milhouse prescribed Kay Hydrocodone 15 times from 2009 to 2012. The Skaggs family also plans to call Trout, who according to the deposition of former Angels clubhouse attendant Kris Constanti, offered to pay for Kay’s drug rehabilitation in 2018.

Skaggs was a top prospect coming out of Santa Monica High in 2009, and the Angels made him their first-round draft pick. He was traded to the Arizona Diamondbacks a year later and made his major league debut with them in 2012.

Traded back to the Angels in 2014, Skaggs made the starting rotation, where he remained when not battling injuries until his death. His numbers were rather ordinary, a 28-38 win-loss record with a 4.41 earned-run average in 96 career starts, but his lawyers pointed to his youth and the escalating salaries given to starting pitchers in asking for a jury award of at least $210 million and as much as $785 million.

Skaggs earned $9.2 million — including $3.7 million in 2019 — and would have become a free agent after the 2020 season. Effective starting pitchers at a similar age and comparable performance can command multi-year contracts of $100 million or more.

Skaggs’ death prompted MLB to begin testing for opioids and cocaine in 2020, but only players who do not cooperate with their treatment plans are subject to discipline. Marijuana was removed from the list of drugs of abuse and is treated the same as alcohol.

MLB emergency medical procedures now require that naloxone be stored in clubhouses, weight rooms, dugouts and umpire dressing rooms at all ballparks. Naloxone, also known by the brand name Narcan, is an antidote for opioid poisoning.

Shaquille O’Neal was never suspended for drug use of any kind during his decorated 19-year NBA career. The rugged 7-foot-1, 325-pound Hall of Fame center freely acknowledged playing through pain and openly worried about damage to his kidneys and liver from his prolonged use of legal anti-inflammatory medications.

He also recently recounted on “Inside the NBA” a bizarre story about testing positive for cocaine ahead of the 1996 Olympics. The result was thrown out — and never publicized — because O’Neal told officials he’d eaten a poppy seed muffin shortly before the test.

Never mind that while poppy seeds can trigger a false positive test for opioids such as morphine or codeine, they can’t do the same for cocaine, which is identified in drug tests by the presence of its major metabolite, benzoylecgonine.

So in his recounting of an episode from nearly 30 years ago, O’Neal was wrong either about the illegal substance for which he tested positive or about what he ingested that caused the false positive. Perhaps he just meant to say codeine rather than cocaine.

Point being, recollections can be fuzzy, and O’Neal isn’t immune to such fuzziness, something to keep in mind when listening to the four-time NBA champion ‘fess up to his use of painkillers on this week’s “Armchair Expert With Dax Shepard” podcast.

O’Neal toggled between referring to opioid painkillers such as oxycodone and powerful, nonsteroidal anti-inflammatories such as Indocin. He said he used opioids when recovering from injuries and took NSAIDs throughout his career.

But he also said his doctor told him he was addicted to painkillers, leading to “a heated discussion.” O’Neal didn’t feel high, he said, even when he would take more than the prescribed dose. “I would do homeboy math,” he said. “If it said take one, I’m taking three.”

“It was a club sandwich, fries and two pills for 19 years.”

O’Neal first discussed painkillers during his four-part HBO documentary “Shaq,” which premiered in 2022, and on the podcast Shepard mostly asked him to expand on what he’d said then about the potential damage to internal organs, the warnings from doctors and his current regrets.

In the documentary, O’Neal had this to say: “Sometimes I couldn’t play if I didn’t take it. All it did was mask the pain…. Had a lot of painkillers. I got limited kidney stuff now going on. I don’t have the full range, but I took so many painkillers that [doctors are] saying, ‘Hey, man, we don’t need you taking that stuff now. You got to be careful.’

“My kidneys are kind of just chilling out right now,” he continued. “I don’t want to flare ‘em back up.”

Both opioids and NSAIDs can cause kidney and liver damage, and O’Neal didn’t specify on the podcast which substances caused him the most concern. He said he struggled with accepting that he might have an addiction, eventually concluding, “I had to have them. So, is that addiction?”

And he hid the use of painkillers from his wife and kids, although he said “the trainers knew.”

As far back as 2000 — a year when O’Neal was the NBA‘s most valuable player and led the Lakers to the first of three consecutive championships — he expressed concern about the dangers of anti-inflammatories.

O’Neal suspected that the kidney disease that threatened the life of fellow NBA star Alonzo Mourning might be the result of anti-inflammatories and said he would stop taking them.

Two years later, however, O’Neal had resumed NSAID use. After a stomach ailment he originally believed was an ulcer, diagnostic tests were done on his kidneys and liver.

He described the results to The Times thusly: “I’m not great, but I’m cool.”

O’Neal was playing with a badly aching arthritic big toe, a sprained wrist and a handful of unlisted bangs and bruises. He needed the pills, although it was unclear whether he was referring to painkillers, anti-inflammatories or both.

“I tried to stay off of them, but if I don’t take them I can’t move or play,” he said in 2002. “I was taking them. When my stomach was giving me problems I had to get the test.”

O’Neal has long championed non-prescription means of addressing pain. He’s been the spokesperson for the topical analgesic Icy Hot since 2003 and he spoke on Capitol Hill in 2016, plugging efforts to give police better tools to recognize when drivers are under the influence of drugs. He pledged two years of funding for officers to become drug recognition experts.

O’Neal’s comments on Shepard’s podcast are a clear indication that his use of painkillers and NSAIDs continues to weigh heavily on his mind. He added that these days he relaxes with a different vice: a hookah.

“I’ve never been into weed,” he said. “Hookah, it enables me to follow the routine of sit your ass down.”

The suit, brought by 55 attorneys general, will help compensate victims and fund addiction treatment programmes.

The attorneys general of all 50 US states, Washington, DC, and four US territories have agreed to a $7.4bn settlement with drugmaker Purdue Pharma, the maker of OxyContin – the pain medication that allegedly fuelled a nationwide opioid addiction crisis in the United States.

The group, led by New Jersey Attorney General Matthew Platkin, announced the deal on Monday.

“While we know that no amount of money can erase the pain for those who lost loved ones to this crisis, this settlement will help prevent future tragedies through education, prevention, and other resources,” Platkin said in a news release.

“The Sacklers put greed and profit over human lives, and with this settlement, they will never be allowed to sell these drugs again in the United States,” Platkin added, referring to the family who owns Purdue Pharma.

The company’s payment is intended to resolve thousands of lawsuits against the drugmaker. The group of attorneys general said most of the settlement funds will be distributed to recipients within the first three years.

Payouts would begin after the drugmaker wins sufficient creditor support for its Chapter 11 bankruptcy plan. Money would go to individuals, state and local governments, and Native American tribes and the Sackler family would cede control of Purdue.

According to several attorneys general, Monday’s agreements do not include Oklahoma, which in 2019 reached a $270m settlement with Purdue Pharma and the Sacklers to resolve opioid-related claims.

Platkin said members of the Sackler family have confirmed their plan to proceed with the settlement.

The settlement will also help fund addiction treatment, prevention and recovery programmes over the next 15 years, according to the attorney general.

“This settlement in principle is the nation’s largest settlement to date with individuals responsible for the opioid crisis,” his office said.

Purdue has been the subject of a backlash for years over accusations that it fuelled the US opioid epidemic. The bankrupt Stamford, Connecticut-based pharmaceutical company was known for aggressively marketing its drug to doctors and patients and calling it nonaddictive although it is highly addictive.

Purdue responded to the settlement by calling it a “milestone”.

“Today’s announcement of unanimous support among the states and territories is a critical milestone towards confirming a Plan of Reorganization that will provide billions of dollars to compensate victims, abate the opioid crisis, and deliver opioid use disorder and overdose rescue medicines that will save American lives,” a Purdue spokesperson told Al Jazeera.

In June last year, the US Supreme Court rejected an earlier settlement that would have given the Sacklers broad immunity from opioid-related civil lawsuits. The Sacklers would have paid about $6bn under that settlement.

More than 850,000 people have died from opioid-related overdoses since 1999, according to the US Centers for Disease Control and Prevention, although deaths have recently declined.