(1) What is Mallinckrodt?
Mallinckrodt Plc is an opioid manufacturer that filed a Chapter 11 bankruptcy proceeding in 2020, in the United States Bankruptcy Court for the District of Delaware.
Mallinckrodt’s Chapter 11 Plan of Reorganization took effect on June 16, 2022. As part of that Plan, the Court approved creation of the Mallinckrodt Opioid Personal Injury Trust.
(2) Can individuals harmed by Mallinckrodt opioids seek to recover from the Personal Injury Trust?
Yes. Individuals injured by certain Mallinckrodt opioids may be eligible to recover from the Personal Injury Trust on behalf of themselves and loved ones who overdosed and died.
The claims process is overseen by a Bankruptcy Court-appointed Personal Injury Trustee and governed by the Bankruptcy Court-approved Personal Injury Trust Distribution Procedures. Article 5 of the Trust Distribution Procedures sets forth the claim award levels and the evidence that claimants will need to present to qualify for their claims to be considered.
(3) How do I file a personal injury claim?
The Personal Injury Trustee for the Mallinckrodt Personal Injury Trust established a website with personal injury claims materials, including forms, instructions and answers to frequently asked questions about the claims process. The website is updated frequently.
The Trust began accepting claim submissions via mail, email and fax as of August 1, 2022.
(4) Is there a deadline for submitting a personal injury claim?
It depends on the type of personal injury claim you are submitting.
If you are submitting a claim on behalf of a person who has been diagnosed by a licensed medical provider with a medical, physical, cognitive or emotional condition resulting from intrauterine exposure to opioids (a “NAS Personal Injury Claim”), the deadline is June 15, 2025.
Other opioid-related personal injury claims (“Non-NAS Personal Injury Claims”) are not currently subject to a deadline, but the allowed claims will be paid based on the date each claim is allowed, and your submittal date will determine your place in the processing queue. For more information about Non-NAS PI Claims processing, timing, and impact on potential award amounts, check Non-NAS PI Claim FAQs, Sections E and G.
(5) What if I submit a claim that’s incomplete?
If you submit a claim that is missing information, you will be notified by the Personal Injury Trust and have 60 days to cure any deficiencies. For more information about deficient or incomplete claims, check Non-NAS PI Claim FAQ, Section F.
(6) If my claim is successful, how much money will I receive?
It’s not possible to predict at this time, because the total number and type of allowed claims is unknown.
If the Personal Injury Trustee allows your claim, the Trust will send you a written notice of your estimated award amount, as well as a release document that must be signed prior to receiving any such award.
(7) How can I obtain a copy of a death certificate?
Death certificates are public records that can be requested by anyone. The Office of the Chief Medical Examiner’s website has useful information about where and how to obtain copies of death certificates.
(8) How can I show use of “Qualifying Opioids”?
Section 5.2 of the Personal Injury Trust Distribution Protocol describes the evidence claimants need to submit relating to use of Qualifying Opioids. For more information, check Non-NAS PI Claim FAQs, Section D(18).
Individuals that do not have or cannot access a record of their opioid prescriptions from their doctor or pharmacy or did not save the prescription bottle or packaging may be able to obtain a record of their opioid prescriptions from the Massachusetts Prescription Monitoring Program. To obtain opioid prescription records on behalf of another person, including a person who has died, individuals will be required to show that they are that person’s legal Personal Representative or Voluntary Personal Representative.
(9) Do I need to hire an attorney to submit a Personal Injury Claim?
No. Some individuals may choose to retain attorneys to assist them with the claims process, but unrepresented individuals can submit claims.
(10) Does the AG’s Office have a role in administering personal injury claims?
No. The court-appointed Personal Injury Trustee handles claims administration. The AG’s Office does not administer personal injury claims and cannot represent individual claimants.