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Court certifies B.C.'s lawsuit against firm alleged to have promoted opioid use

This decision follows court certifying a different lawsuit against opioid manufacturers, distributors
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B.C. Deputy Premier Niki Sharma speaks in the legislature earlier this year.

B.C.'s attorney general says a recent B.C. Supreme Court decision is another step forward in the province's pursuit of "justice and accountability against those who fuelled the opioid crisis in B.C. and across Canada."

Attorney General Niki Sharma said in a statement Monday (June 16) that the B.C. Supreme Court certification of the claims as a class action means the role of consultancy firm, McKinsey, will be assessed "through the broadest possible lens." She added the provincial government will be pursuing health-care costs and related damages incurred from the opioid crisis.

"“The toxic-drug crisis has taken thousands of lives and brought profound grief to families and communities in our province and across Canada. We are firmly committed to holding accountable all those responsible for perpetuating and fuelling this crisis," Sharma said. 

The provincial government – on behalf of other federal, provincial and territorial governments – filed the lawsuit to recover the costs from 1996 onward from consultancy firm, McKinsey.

"McKinsey's involvement in marketing for its clients helped promote and sell the opioid products that have caused so much harm for families. This decision, which is a companion to the already certified case against manufacturers and distributors of opioids, clears the path for holding accountable consultants like McKinsey, and we are pleased to see it proceed."

Back in January, the the province's class-action lawsuit against opioid manufacturers and distributors. 

In a judgment dated Friday (June 13), Justice Michael Brundrett said the province showed some basis in fact for each of the certification requirements. Brundrett said this is a companion proceeding to the lawsuit involving opioid manufacturers and distributors; this lawsuit is similar, but not identical.

In his decision, Brundrett said the lawsuit alleged McKinsey provided advisory services to three pharmaceutical manufacturers (Purdue Pharma LP, Janssen Inc, which is a Canadian subsidiary of Johnson & Johnson, and Endo Pharmaceuticals) and one distributor (McKesson Corporation). An amended notice of civil claim alleges McKinsey worked closely with them for promotion, marketing, sale and distribution of opioids in Canada for "unsuitable uses despite McKinsey knowing that opioids were addictive."

The claim also alleged McKinsey "designed aggressive campaigns that promoted the idea that pain was under-treated and should be made a higher priority by healthcare practitioners." It also alleged that the campaigns misrepresented the drugs as safe and not addictive, or less addictive, than other painkillers. 

The province claims that this ultimately "caused and contributed to the over-prescription" and harmed opioid users. 

McKinsey denied the claims, arguing it never made representations related to opioid products directed at Canadian consumers. McKinsey said it was simply a consultant. 

More to come. 

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Lauren Collins

About the Author: Lauren Collins

I'm a provincial reporter for Black Press Media's provincial team, after my journalism career took me around B.C. since I was 19 years old.
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