In re McKinsey & Co., Inc. National Prescription Opiate Consultant Litigation


This official website is maintained by the Notice and Claims Administrator for In re McKinsey & Co., Inc. National Prescription Opiate Consultant Litigation, No. 21-md-02996-CRB pending in the United States District Court for the Northern District of California



Update: The claim deadline has been changed to December 15, 2024.


Third-Party Payors: If you paid or reimbursed costs for prescription opioids, or paid or incurred costs for treatment related to opioid misuse, addiction, and/or overdose, you could get money from a Settlement.

The information contained on this website is only a summary. You may download a copy of the full Notice by clicking here. Since this website is just a summary, you should review the Notice for additional details.

Your rights may be affected by the proposed Settlement in a class action lawsuit with McKinsey & Company, Inc. (“McKinsey”). The lawsuit claims McKinsey played a central role in the opioid crisis by advising multiple opioid manufacturers and other industry participants on how to sell as many prescription opioids as possible. McKinsey denies any wrongdoing.

The Court has preliminarily approved the proposed settlement between the Third-Party Payor Plaintiffs and McKinsey (the “Settlement”). The proposed Settlement will provide for the payment of $78 million (the “Settlement Fund”) to resolve the Third-Party Payor Plaintiffs claims against McKinsey. The full text of the proposed Settlement Agreement, which is dated December 18, 2023, is on the Court Documents page of this website.


Who is included?

All entities that paid and/or reimbursed for (a) opioid prescription drugs manufactured, marketed, sold, or distributed by the Opioid Marketing Enterprise Members (Purdue, Johnson & Johnson, Janssen, Cephalon, Endo, and Mallinckrodt), for purposes other than resale, and/or (b) paid or incurred costs for treatment related to the misuse, addiction, and/or overdose of opioid drugs, on behalf of individual beneficiaries, insureds, and/or members, during the period June 1, 2009 to October 31, 2023 (“Class Period”). For clarity, included in the class are: (a) private contractors of Federal Health Employee Benefits plans, (b) plans for self-insured local governmental entities that have not settled claims in MDL 2804, (c) managed Medicaid plans, (d) plans operating under Medicare Part C and/or D, and (e) Taft Hartley plans.

Excluded from the class are (a) all federal and state governmental entities, (b) all tribal entities, (c) local governmental entities and school districts, (d) Pharmacy Benefit Managers (PBMs), (e) consumers, and (f) fully-insured plans. For the avoidance of doubt, entities that are otherwise members of the class are not excluded on the basis that they own an interest, including a controlling interest, in a PBM.

For additional details, please read the Long Form Notice.


When will I receive payment?

All TPP Class Members will have the right to receive an Upfront Payment. The Upfront Payment Option Right can be exercised by providing written notice to the Notice and Claims Administrator within five (5) days of the expiration of the objection/opt-out deadline set by the Court, which is June 1, 2024. If at least 90% (on a claims approved basis, not a TPP claimant basis) of TPP claimants (of the TPP claimants that submitted approved claims in the Mallinckrodt bankruptcy) elect this option by June 6, 2024, 70% of the Settlement Fund, net of Court-approved costs (the “Upfront Funds”), shall be set aside for Upfront Payments.To receive its Upfront Payment, the TPP Class Member must agree (a) to participate in the TPP Class and to be bound by the Settlement, and (b) that 7.5% of its recovery will be set aside into an escrow account pursuant to the Court’s Common Benefit Order. Upfront Funds will, within 5 business days of the Effective Date, be distributed on a pro rata basis consistent with the allocation of the funds in the Mallinckrodt proceeding and the terms of the Final Approval Order. Any TPP Class Member that elects the Upfront Payment Option Right must also complete and submit a Class Claim Form by the December 15, 2024 claim-filing deadline. The ultimate recovery for a TPP Class Member that elects the Upfront Payment Option Right will be “trued-up” in accordance with the TPP Claims Methodology set forth in Sections C and D of the Class Claim Form and will account for the amount of any Upfront Payment.

Settlement Class Counsel has requested that the Court award attorneys’ fees of 20% of the Settlement Fund, including expenses and net of the Upfront Funds (except, as provided below), estimated settlement notice and administration costs, expert costs, and service awards (ECF No. 706). This amount includes: the 7.5% common benefit obligation under PTO No. 9 (ECF No. 567) as to the non-Upfront Funds.

Attorneys’ fees as to the Upfront Funds will be handled as follows: (a) 7.5% of all Upfront Funds shall be set-aside into an escrow account pursuant to the Court’s Common Benefit Order; (b) if a TPP Class Member is represented by private counsel pursuant to a pre-existing fee contract, and if that private counsel is authorized to, and does on behalf of its client, properly exercise the Upfront Payment Option Right, and receives settlement monies on behalf of the TPP Class Member, then the terms of that fee contract shall govern any payments due to that private counsel; the contractual fee payment and the 7.5% common benefit assessment represents the TPP Class Member’s share of Court-approved fees and costs; and (c) if a TPP Class Member who is not represented by a pre-existing fee agreement properly exercises its Upfront Payment Option Right, then the Settlement Administrator shall deduct from the Upfront claim amount prior to payment, that TPP Class Member’s 12.5% share of Court-approved Settlement Class Counsel’s fees and costs (in addition to the 7.5% common benefit set aside).


IMPORTANT DATES


Exclusion Deadline
June 1, 2024
Objection Deadline
June 1, 2024
Final Approval Hearing
July 26, 2024 at 10:00 a.m
Claim Deadline
December 15, 2024


YOUR LEGAL RIGHTS AND OPTIONS
DO NOTHING Do not claim any part of the Settlement Fund, but release your claims against McKinsey and give up rights to be part of any other lawsuit that asserts claims related to the allegations or claims against McKinsey in this case.
SUBMIT A CLAIM FORM If you are a member of the Class, and want to participate in the distribution of the Settlement Fund, you will need to complete and return a Claim Form. The Claim Form, and information on how to submit it, are available on the File a Claim page of this website. Claim Forms must be postmarked (if mailed) or received (if submitted online) on or before December 15, 2024.
EXCLUDE YOURSELF FROM THE TPP CLASS This option allows you to exclude yourself from the TPP Class and instead file your own lawsuit against McKinsey that asserts claims related to the allegations or claims in this case. Additional information is available in Questions 7 – 10 of the Notice. The exclusion deadline is June 1, 2024.
OBJECT TO THE SETTLEMENT OR SPEAK AT THE FINAL APPROVAL HEARING If you object to all or any part of the Settlement, request for attorneys’ fees, reimbursement of expenses, or service awards to the class representatives, or desire to speak in person at the Final Approval Hearing, you must file a written letter of objection and/or a notice of intention to speak, along with a summary statement, with the Court and the Notice and Claims Administrator by June 1, 2024. See Question 12 of the Notice.
GET MORE INFORMATION If you would like more information about the Settlement, you can review the Notice and other relevant Court Documents on this website. You may also send questions to the Notice and Claims Administrator and/or Settlement Class Counsel.

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