Frequently Asked Questions

  1. Who is in the Class?

    If you are a (1) General Purpose Government in the United States of America (“U.S.A.”) (including, but not limited to, a municipality, county, county subdivision, city, town, township, parish, village, borough, gore, or any other entities that provide municipal-type government), (2) Special District within a State, or (3) any other subdivision, subdivision official (acting in an official capacity on behalf of the subdivision), or sub-entity of, or located within, a State in the U.S.A. (whether political, geographical, or otherwise, whether functioning or nonfunctioning, regardless of population overlap, and including, but not limited to, nonfunctioning governmental units and public institutions), you might be part of the Class. If you are a sub-entity of Indiana, American Samoa, the Commonwealth of Guam, the Commonwealth of the Northern Mariana Islands, or the U.S. Virgin Islands, or a school district, you are not part of the Class.

    If you received a notice about the proposed Settlement by mail or email, you have been identified as a potential Class Member according to the parties’ records. Please read the Notice and this website carefully.

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  2. What does the Settlement provide?

    A $207 million Settlement Fund has been created for the benefit of Class Members, in addition to the financial and injunctive relief obtained by state attorneys general in their prior McKinsey settlement. The Settlement Fund will be allocated among Class Members using the applicable formula for direct payments to Subdivisions reached by agreement or provided by default in the prior opioid settlements, and to pay attorneys’ fees and costs as awarded by the Court. The Court has ordered that Class Members shall be required to use the settlement funds exclusively for approved uses designed to abate the opioid epidemic as set forth in Exhibit E (“List of Opioid Remediation Uses”) of the prior MDL 2804 settlements. For complete information on the Settlement, including allocation formulas, visit the Important Documents page.

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  3. Who represents my Subdivision?

    The Court has appointed Subdivisions The City of Santa Cruz, California; Pope County, Illinois; and The Village of Eddyville, Illinois, who have been litigating this case as Plaintiffs, to serve as Settlement Class Representatives. The Court has appointed Robbins Geller Rudman & Dowd LLP; Bryant Law Center, PSC; Motley Rice, LLC; Simmons Hanly Conroy, LLC; and Browne Pelican, PLLC to represent the Class as Subdivision Settlement Class Counsel. You do not have to pay them in order to participate in the Settlement. Their fees and costs will be awarded by the Court out of the Settlement Fund, in an amount not to exceed 15% of the fund and expenses, in an amount not to exceed $31 million. If you want to be represented by your own lawyer in this case, you may hire one at your own expense.

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  4. What rights does my Subdivision have?

    You do not need to take any affirmative action to receive benefits from the Settlement. If you were eligible to receive distributions under the MDL 2804 national opioid settlements, you may be eligible to receive them here. Distributions will be awarded according to the Plan of Allocation, designed to be consistent with the direct distributions to Subdivisions previously negotiated in each State to govern distributions with the Distributors and J & J. A single McKinsey settlement payment will be made to each Class Member when the Settlement is Final. Complete information and instructions on excluding your Subdivision from the Class or objecting are available in FAQs 5-6.

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  5. How do I exclude my Subdivision from the Settlement?

    If, instead of participating in this Settlement, you want to keep your rights to sue McKinsey on any opioid-related claims, you must exclude your Subdivision from the Class by January 5, 2024, by clicking here and following the instructions included therein for submission of an “exclusion request.” If you exclude your Subdivision from the Class, you will not receive any monetary recovery from the Settlement.

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  6. How do I object to the Settlement?

    If you stay in the Class, you may object to the Settlement by January 5, 2024. You may object to the proposed Settlement, the Plan of Allocation, or the requested fees and expenses in writing by providing your full name, the basis for your belief that your Subdivision is included in the Class, the basis of your objection, and your signature. You may not ask the Court to order a larger settlement; the Court can only approve or deny the Settlement.

    All written objections and supporting papers must (a) clearly identify the case name and number (In re McKinsey & Co., Inc., National Prescription Opiate Consultant Litigation, Case No. 3:21-md-02996-CRB); (b) be submitted to the Court either by mailing them to the Clerk for the United States District Court for the Northern District of California, Phillip Burton Federal Building and U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102, or by filing them in person at any location of the United States District Court for the Northern District of California; and (c) be filed or postmarked on or before January 5, 2024.

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  7. What happens if I do nothing?

    If you do nothing, you will receive any monetary benefits to which you are entitled based on the Plan of Allocation in a lump sum payment, and you will be bound by the Court’s decisions.

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  8. When and where will the Court decide whether to approve the Settlement?

    Judge Charles R Breyer granted final approval on February 2, 2024. A payment schedule will be posted soon.

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  9. How can I get more information?

    For more information about the case, the precise terms and conditions of the Settlement, and your rights and options, visit the Important Documents page, contact the Notice Administrator at 1-888-575-4125 or McKinsey & Co., Inc., National Prescription Opiate Consultant Litigation, Notice Administrator, P.O. Box 2200, Portland, OR 97208-2200; contact Settlement Class Counsel Robbins Geller at 1-800-449-4900, SettlementInfo@RGRDLaw.com, or contact your own counsel if you have a McKinsey case on file. You may also access the court docket in this case for a fee through the Court’s Public Access to Court Electronic Records (PACER) system at https://ecf.cand.uscourts.gov or by visiting the office of the Clerk of the Court for the United States District Court for the Northern District of California, Phillip Burton Federal Building and U.S. Courthouse, 450 Golden Gate Avenue, San Francisco, CA 94102, between 9:00 a.m. and 4:00 p.m. Monday through Friday, excluding Court holidays.

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