NY Court Rejects McKinsey’s Bid to Dismiss Opioid Lawsuit, Opening Door to Discovery
April 3, 2026
A New York court has ruled that more than 40 counties, towns, and cities can proceed with their lawsuit against McKinsey & Company over the firm’s role in fueling the opioid epidemic, clearing nearly all claims, and moving the case towards trial. Suffolk County Supreme Court Justice Joseph Pastoressa rejected McKinsey's motion to dismiss, finding that plaintiffs had sufficiently alleged the firm owed them a duty of care. Paul J. Napoli, Partner at Napoli Shkolnik, is co-counsel in County of Westchester v. McKinsey & Company.
The case, filed in 2021, centers on McKinsey's development and implementation of "Project Turbocharge," the marketing strategy that drove OxyContin sales by targeting high-volume prescribers and suppressing addiction risks. The plaintiff municipalities allege McKinsey's role in the epidemic cost them millions in policing, emergency services, and health care expenditures.
"McKinsey was not a passive adviser; it was an active architect of the opioid epidemic, and this ruling ensures they will finally answer for that in open court,” said Napoli. “The Court recognized that these communities had every right to seek justice against McKinsey, who helped create this crisis, buried the evidence, paid settlements to make it go away, and then told grieving families they had nowhere to turn. Discovery will now force McKinsey to open its files, and the full record of what this firm knew and what it chose to do anyway will finally see the light of day.”
Napoli Shkolnik represents municipalities across New York in opioid litigation and has been at the forefront of holding pharmaceutical companies and their enablers accountable for the epidemic's devastation. Communities seeking to understand their legal options can contact the firm directly.