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.

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.

In the event that Preliminary Approval is granted, 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. If at least 90% of TPP claimants (on the basis of the claims submitted and approved in the Mallinckrodt bankruptcy) elect this option, 70% of the Settlement ($54,600,000 or the “Upfront Funds”) shall be set aside for the Upfront Payment. To receive this Upfront Payment, the TPP Class Member must agree (a) to participate in the TPP Class and provide the release called for in the Settlement, and (b) that 7.5% of their recovery will be set aside into an escrow account which will be used to satisfy any common benefit fee awarded to Settlement Class Counsel. These Upfront Funds will be distributed on a pro rata basis (in line with the Mallinckrodt claims) pursuant to the terms of the Final Approval Order and Allocation Methodology. Any TPP Class Member who elects the Upfront Payment Option Right may also complete and submit a Class Claim Form by the deadline set by the Court. 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.