B.C. court certifies Canada-wide class-action suit against McKinsey for alleged opioid promotion

The B.C. Supreme Court has recently certified a Canada-wide class-action lawsuit against consultancy firm McKinsey & Company, marking a significant step in the province’s legal efforts to recover health-care costs related to the toxic drug crisis. The judgment, which was posted on Friday, alleges that McKinsey advised opioid manufacturers and played a role in designing advertising campaigns that led to the over-prescription of opioids.

The class-action lawsuit sought by the provincial government, in which it would act as a lead plaintiff on behalf of other provinces and the federal government, is closely tied to another similar lawsuit that the province is pursuing against pharmaceutical companies for their alleged involvement in the illicit drug crisis. The poisoned drug epidemic was declared a public health emergency in B.C. in April 2016, and the province has seen over 16,000 deaths since then.

According to the province, McKinsey’s involvement in designing campaigns for Canadian pharmaceutical companies led to false claims about opioids being made to prescribers and the public, ultimately resulting in the over-prescription of addictive drugs and causing harm to those who used them. While Justice Michael Brundrett did not agree with all of the province’s arguments, he found enough merit in the case for it to proceed to a full class-action hearing.

McKinsey has stated that the complaint is without merit and that it will defend itself in court, asserting that it did not undertake any work in Canada related to the sale or marketing of opioids. The province, along with other jurisdictions, will now proceed to a trial seeking to recover health-care, pharmaceutical, and treatment costs.

The provincial government alleges that McKinsey’s actions and advice were consistent across the U.S. and Canada, with the consultancy firm being linked to Purdue Pharma in the U.S. as well as other opioid distributors in Canada. McKinsey has already admitted involvement in a U.S. lawsuit related to promoting opioids, agreeing to pay a settlement over claims it aided Purdue Pharma in encouraging opioid over-prescription.

B.C. Attorney General Niki Sharma emphasized that the lawsuit is about holding companies accountable and recovering damages on behalf of taxpayers. Leslie McBain, who lost her son to an oxycodone overdose, stressed the importance of holding companies responsible for irresponsible marketing of opioids. However, she also highlighted the ongoing need for government action to address the toxic drug crisis.

While legal actions like the class-action lawsuit against McKinsey are important steps in seeking accountability, it is crucial for governments to focus on addressing the root causes of the toxic drug crisis and implementing effective solutions to prevent further harm.