San Diego Union-Tribune

NEVADA ANNOUNCES $45M SETTLEMENT WITH MCKINSEY OVER ROLE IN OPIOID CRISIS

State wins more after sitting out multistate pact

- BY MICHELLE L. PRICE

Nevada has struck a $45 million settlement deal with McKinsey & Company for the global consulting firm's role in advising opioid makers how to sell more prescripti­on painkiller­s amid a national overdose crisis.

The state reached the deal after sitting out a multistate settlement with McKinsey announced in February. The hard bargaining has allowed Nevada to win a settlement that's several times larger than the average settlement with other states.

“Nevada needed and deserved more than what was being made available to us in the multistate settlement,” state Attorney General Aaron Ford said Monday. Ford, a Democrat, said that had Nevada stayed in the multistate deal, it would have received $7 million, which he called “woefully insufficie­nt.“

The $45 million will be paid in two installmen­ts of $23 million in 45 days and $22 million in 120 days.

McKinsey said the deal reached with Nevada is “consistent with the commitment we made in February to be part of the solution to the opioid epidemic,” and it “believes its past work was lawful.” The company said the settlement agreement does not contain any admission of wrongdoing or liability.

The New York-based company in February settled for $573 million with 47 states, the District of Columbia and five U.S. territorie­s.

It also at the time announced separate settlement­s with Washington state for $13.5 million and West Virginia for $10 million.

“We deeply regret that we did not adequately acknowledg­e the tragic consequenc­es of the epidemic unfolding in our communitie­s,” McKinsey Global Managing Partner Kevin Sneader said at the time.

Opioids, which include prescripti­on drugs like OxyContin and illegal substances such as heroin and illicit fentanyl, have been tied to more than 470,000 deaths in the U.S. over the past two decades.

McKinsey’s role came into the spotlight in recent months when OxyContin maker Purdue Pharma LP sought to settle claims against it in bankruptcy court. Legal documents showed McKinsey worked with Purdue to boost sales even as the resulting opioid epidemic emerged.

The consulting firm tried to “supercharg­e” lagging sales of OxyContin in 2013, according to some documents, and it encouraged the drugmaker’s sales representa­tives to focus on doctors prescribin­g high numbers of the drug and encourage them to prescribe patients more potent doses.

Nevada, with a population of more than 3 million, has been among the states hit hardest by the crisis. By 2016, it had enough opioid prescripti­ons for 87 out of 100 residents while overdoses exceeded the national average, according to Ford’s office.

Money from the settlement will be used to address the impacts of the opioid epidemic, Ford said, but the specifics would be hammered out by the governor, state lawmakers and other officials.

The state separately is pursing a wide-ranging lawsuit against Purdue along with the company’s former president, his family, other drugmakers, distributo­rs and pharmacies.

The civil lawsuit accuses more than 40 defendants of violating state laws about deceptive trade practices, false claims, racketeeri­ng, negligence and public nuisance. Ford said a trial date has been tentativel­y scheduled for 2022.

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