The opioid crisis that has occurred in our country over the last few decades was partly caused by the manufacturers of these drugs. Mallinckrodt Plc was one of the companies that has been part of a class action lawsuit due to injuries caused by opioid use. Mallinckrodt filed for bankruptcy in 2020, but they are still responsible for settling legal claims from the class action lawsuit. A Mallinckrodt Personal Injury Trust was recently formed to oversee handling these claims and paying those harmed by Mallinckrodt opioid use.
What is the Mallinckrodt Personal Injury Trust?
During the process of filing bankruptcy, Mallinckrodt was forced to create the Mallinckrodt Personal Injury Trust as part of their Chapter 11 Plan of Reorganization. The trust is money set aside to pay victims that were injured by specific Mallinckrodt opioids. Those who were harmed by opioid use can file claims against the trust to be considered for compensation.
The Mallinckrodt Personal Injury Trust is overseen by a personal injury trustee and the process is governed by bankruptcy court-approved procedures. The procedures include rules on what evidence must be provided to be eligible for an allowed claim and the monetary awards available for claims.
Who Can Make an Opioid Injury Claim to the Trust?
There are two types of claims that can be made against the Mallinckrodt Personal Injury Trust. The first is a neonatal abstinence syndrome (NAS) claim, which is a natural person who has been diagnosed by a licensed medical professional with intrauterine exposure to opioids and injuries from this exposure. The second type of claim is a non-NAS personal injury (PI) claim. To qualify for a non-NAS PI claim, you must have the following:
- Evidence of use of qualifying opioids manufactured by Mallinckrodt
- Evidence of injury – this can include addiction, opioid use disorder, overdose, withdrawal, rehab and jail – jail cannot be the only injury
- Evidence of death – a death certificate and toxicology report are required
Anyone can make a claim against the trust to be considered for an award. There are different tiers of compensation available, depending on the length of use and extent of injury. All allowed claims can receive a base payment but those with higher tier allotments can receive higher awards under the trust distribution.
How to Make a Claim
Anyone who qualifies for a NAS or non-NAS PI claim can submit through the Mallinckrodt Personal Injury Trust website. Claimants can also opt out and decide to pursue a lawsuit outside the trust. If you have a legitimate claim, it is important to understand all your options. Talking to an attorney who is familiar with the opioid personal injury class action lawsuit and the claim options from the Mallinckrodt Personal Injury Trust is advisable to determine your best chance of compensation.
If you or a loved one were harmed by the use of opioid drugs manufactured by Mallinckrodt, contact us at Ligori & Ligori Attorneys at Law. Call one of our Florida offices to discuss your claim.
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