8-KMaterial AgreementsRegulation FDExhibits & Filings

MCKESSON CORP 8-K Report, Material Agreement (Feb 25, 2022)

Filed February 25, 2022For Securities:MCK

Summary

McKesson Corporation (MCK) has announced a significant development regarding its opioid-related litigation. On February 25, 2022, the company, along with two other major pharmaceutical distributors, finalized an agreement to settle a substantial majority of opioid lawsuits filed by U.S. states, territories, and local governmental entities. This settlement, set to become effective on April 2, 2022, represents a move towards resolving a long-standing legal overhang for the company. The total settlement amount is up to approximately $19.5 billion, to be paid over 18 years. McKesson's portion is estimated at $7.4 billion, reflecting its 38.1% share. A key aspect of the settlement is that a minimum of 85% of these funds must be allocated by governmental entities towards remediating the opioid epidemic, with the remainder largely covering attorneys' fees and costs. The agreement includes the establishment of a clearinghouse to track controlled-substance distribution data, aiding in anti-diversion efforts. Importantly, the settlement does not involve an admission of liability or wrongdoing by the distributors.

Key Highlights

  • 1McKesson to pay up to $7.4 billion over 18 years as part of a $19.5 billion opioid litigation settlement.
  • 2Settlement covers a substantial majority of opioid-related lawsuits from U.S. states, territories, and local governments.
  • 3The settlement agreement is set to become effective on April 2, 2022, contingent on court approvals.
  • 4A minimum of 85% of settlement payments must be used for opioid epidemic remediation efforts.
  • 5Distributors will establish a controlled-substance distribution data clearinghouse to support anti-diversion initiatives.
  • 6The settlement resolves a significant legal uncertainty for McKesson, with no admission of liability or wrongdoing.
  • 746 out of 49 eligible states, plus D.C. and all eligible territories, have joined the settlement.

Frequently Asked Questions

McKesson's portion of the total $19.5 billion settlement is up to approximately $7.4 billion, which will be paid over an 18-year period.

The settlement covers a substantial majority of opioid-related lawsuits filed by U.S. states, territories, and local governmental entities. However, the agreement for West Virginia remains a separate arrangement and is not part of this larger settlement.

No, the settlement explicitly states that the distributors do not admit liability or wrongdoing, and they do not waive any defenses.

A minimum of 85% of the settlement payments must be used by state and local governmental entities to remediate the opioid epidemic. The remaining percentage is primarily allocated for plaintiffs' attorneys' fees and costs.