CHARLESTON — Three lawsuits against McKinsey & Company by minors who suffered prenatal exposure to opioids have been transferred to California federal court as part of multidistrict litigation.
The three lawsuits will join 50 civil actions already transferred to the U.S. District Court for the Northern District of California.
"Like thousands of children born every year, minor A.K.D. was born dependent on opioids," one of the complaints states. "Prenatal exposure to opioids injured minor A.K.D. causing severe withdrawal symptoms, and lasting developmental impacts."
The complaints allege that the minors — A.K.D., T.J.L., M.L. and Z.D.B.B. — were injured by the defendants, who they claim masterminded an industry-wide conspiracy aimed at increasing their clients’ profits through an illegal scheme that fueled the genesis and continuation of the minors' mothers' fatal addiction.
The plaintiffs claim the first days of their lives were excruciatingly painful and agonizing as doctors had to wean them from in utero opioid exposure.
"McKinsey skillfully crafted communications and developed campaigns for and on behalf of manufacturers and distributors deliberately intended to deflect and diffuse anti-Opioid messages to benefit manufacturers and distributors, alike, in terms of enhanced sales and increased profits," the complaints state. "McKinsey is also responsible for exacerbating and fueling both the diversionary-opioid and prescription-opioid markets, and for proximately causing injury to thePlaintiff by reason of the fact that Plaintiff’s birth mother became addicted to the products manufactured by McKinsey client Endo and prescribed to her during a time period following dissemination of aforementioned McKinsey-created materials."
The defendants participated in a conspiracy to violate federal and state laws regulating the distribution of opioids, according to the suits. The defendants intentionally and negligently created conditions that allowed opioids to "flow freely" from drug manufacturers to patients who became addicted, according to the suits.
The harm the plaintiff minors suffered was irreparable, according to the suits. The plaintiffs claim that they suffered medical care, psychiatric care, psychological care, physical therapy, cognitive therapy and speech therapy.
The plaintiffs are seeking compensatory damages with pre- and post-judgment interest. They are represented by Stephen P. New of New Taylor & Associates; Kevin W. Thompson, David R. Barney Jr., Melissa Ellsworth and Sarah Surber of Thompson Barney; and Scott R. Bickford of Martzell, Bickford & Centola.
U.S. District Court for the Southern District of West Virginia case number: 1:21-cv-00465, 2:21-cv-00466, 5:21-cv-00467
