11/9/2023 IMPORTANT UPDATE!!!
The Trust accepts Non-NAS PI Claims and NAS PI Claim submissions online through the Claim Submittal Portal. Information regarding submission of claims as well as access the applicable Claim Submittal Portal can be found on the Non-NAS PI Claims and the NAS PI Claims tabs of this website. The Trust will continue to accept claim submissions via mail, email and fax.
On March 2, 2022, the United States Bankruptcy Court for the District of Delaware entered an Order Confirming the Fourth Amended Joint Plan of Reorganization (With Technical Modifications) of Mallinckrodt PLC And Its Debtor Affiliates Under Chapter 11 of the Bankruptcy Code, dated as of February 18, 2022 (the “Plan”). The Plan became effective as of June 16, 2022 (the “Effective Date”).
The Plan allows for the creation of the Mallinckrodt Opioid Personal Injury Trust (the “Trust” or “PI Trust”) to, upon the Effective Date of the Plan, (i) assume all liability for the Personal Injury (“PI”) and Neonatal Abstinence Syndrome (NAS) PI claims against Mallinckrodt and its subsidiaries that are channeled to the Trust, (ii) collect Plan distributions to be made to the Trust for the PI Claims Share and the NAS PI Claims Share, (iii) administer the PI and NAS Claims, (iv) make distributions to Holders of allowed PI and NAS Claims in accordance with the PI Trust Documents, and (v) carry out other matters as set forth in the PI Trust Documents.
More information regarding the approved Plan, the Trust Agreement and the PI Trust Documents can be found under the Pleadings and Important Documents tab.
The two types of personal injury claims that can be resolved by the Trust are the Non-NAS PI Claims and the NAS PI Claims.
AUGUST 19, 2022 FIRM BULK DATA & DOCUMENT SUBMITTAL UPDATE
For Law Firms that represent multiple clients and are interested in bulk uploading claim data and/or documents, please see the Law Firm Import Instructions Tab which provides instructions on the Bulk Data Import and Bulk Document Submittal as well as related templates.
NON-NAS PI CLAIMS
A Non-NAS PI Claim is an opioid claim, including present and future claims, of any natural person for an alleged opioid-related personal injury or other similar opioid-related claim or cause of action, including any opioid related personal injury claim.
For more information about Non-NAS PI Claims, including information on how to qualify, what award you may be eligible for, what forms and documentation must be submitted, and when payments may be made, please go to the Non-NAS PI Claims Tab as well as the Non-NAS PI Claims FAQs on the FAQs Tab.
NAS PI CLAIMS
A NAS PI Claim is an opioid claim, including present and future claims, held by any natural person who has been diagnosed by a licensed medical provider with a medical, physical, cognitive or emotional condition resulting from such natural person’s intrauterine exposure to opioids or opioid replacement or treatment medication including but not limited to the condition known as neonatal abstinence syndrome, and does not include any NAS Monitoring opioid claims. The NAS PI Claim must be submitted within three (3) years from the Effective Date, or by June 15, 2025.
For more information about NAS PI Claims, including information on how to qualify, what award you may be eligible for, what forms and documentation must be submitted, and when payments may be made, please go to the NAS PI Claims Tab as well as the NAS PI Claims FAQs on the FAQs Tab.
CURRENT INFORMATION REGARDING CLAIMS PAYMENT EXPECTATIONS
Q. I’m filing my completed claim form. How much can I expect to be paid and when?
A. A reasonable estimate is you will be paid some amount by the end of 2023 or early 2024.
On October 30, 2023, the Trustee, with the Approval of the Future Claimants Representative, Personal Injury Lead Counsel, and NAS Lead Counsel, determined the amount that will be paid initially per each NAS Claim and the amount to be paid initially per point for Non-NAS PI Claims. The amounts are a gross amount of $703.83 and a net amount of $524.01 per NAS Claim, and a $.38957 gross and $.29004 net per Non-NAS PI Claim point.
The Gross Award is the whole or total amount of your Award (prior to paying settlement overhead, like the Trustee, Administration expenses including computer programming, and Lien Resolution Administration expenses), with your Net Award representing the amount of your Gross Award that remains after the payment of settlement overhead. The Net Award amount shall be reduced further to pay your attorney’s fees or case expenses (if you have an attorney) and any medical liens you have, if applicable. The Release you have executed or will execute with the Trust defines your Award as the Liquidated Value of Claim, and this Liquidated Value of Claim equals your Gross Award.
Before we can pay you, we will need to resolve liens. A lien is a claim by your health insurer for treatment of your opioid injury. See Lien FAQ’s. We hope to accomplish this step in the above timeframe.
Once these steps are accomplished you will be paid.