McKinsey & Co. Wins Motion to Dismiss in Opioid Crisis Lawsuit

In a significant ruling, the United States District Court for the Northern District of California has granted a motion to dismiss a lawsuit against global consulting firm McKinsey & Co. The lawsuit was filed by a group of parents and legal guardians of children born with neonatal abstinence syndrome (NAS), a condition caused by opioid withdrawal in newborns.

The lawsuit is part of a larger set of cases related to the opioid crisis, which has been described as one of the most serious public health crises of the last twenty years. The plaintiffs in this case alleged that McKinsey played a role in the crisis by providing sales and marketing strategies to opioid manufacturers, most notably Purdue Pharma.

The plaintiffs, whose children were born with NAS after their mothers took opioids during pregnancy, argued that McKinsey’s strategies led to an increase in opioid sales, contributing to the opioid crisis and the harm suffered by their children. The lawsuit alleged violations of various federal statutes and the U.S. Constitution.

However, the court granted McKinsey’s motion to dismiss the complaint for failure to state a claim. The court found that the plaintiffs had not adequately demonstrated that McKinsey owed them a legal duty of care, a necessary element of a negligence claim.

This decision marks a significant development in the ongoing legal discourse surrounding the opioid crisis and the role of various entities in contributing to it. It remains to be seen whether the plaintiffs will appeal the decision.