April 21, 2021 | Opioid Claims

One question that we have received quite a bit has to do with who can file a claim in the Mallinckrodt Pharmaceutical Bankruptcy, and when you can file a claim on behalf of someone else. This can be difficult in certain circumstances, especially when it involves an individual that has died from an opioid overdose. Cases that involve an individual dying due to opioids are a bit different than regular claims which are filed by a person who has experienced the injury from opioid products.

With regards to filing a claim on behalf of yourself, you will be considered a qualified claimant if you have ever been prescribed a Mallinckrodt Product which has led to adverse effects such as opioid addiction. A person who has taken products like Roxicodone, Fentanyl Patches, Fentanyl Suckers, and generic medicines made by Mallinckrodt such as oxycodone, oxycodone and acetaminophen, morphine sulfate, hydrocodone and acetaminophen, and others, would be eligible to file a claim.

Please remember that these claims are limited only to claims against the Pharmaceutical Company Mallinckrodt and that the claims do not have anything to due with medical malpractice or claims against doctors or facilities that may have negligently prescribed these medications.

Generally speaking, and using past opioid case claim procedures as a model, if you have a loved one or friend that is still alive and is able to make a claim for themselves, that person should be able to file a claim on behalf of themselves. Due to the fact they are able to file a claim for themselves, you cannot file a claim on their behalf, and they would have to be the one signing any paperwork.

When seeking compensation for an individual that has died from opioid overdose, things are a bit different. If you are attempting to file a claim for a loved one that has lost their life due to these medications, or addiction arising from the use of these medications, then you can file a claim on their behalf, however, you must be either a spouse, parent, or child.

Additionally, in some circumstances the appointed representative of the estate can file a claim. If you are attempting to file a claim for a friend who has died due to opioid overdose, generally speaking you will not be able to file a claim on their behalf.  This can get tricky for people who have lived with someone for a long time such as a unmarried significant other, but are not considered next of kin. The mother or father of your children would also be an individual that you are unable to file a claim for, however your children would be eligible to file a claim.

So as stated above:

1. You will potentially qualify to file a claim if you have taken any Mallinckrodt name brand, or generic opioid medications they produced.
2. In most cases, you will not be able to file a claim for someone else if they are able to file a claim for themselves.
3. If someone has died due to complications from Opioid Addiction, such as an overdose, then you will have to be either a spouse, child, parent or authorized representative of the estate to make a claim on their behalf.
4. Even if the person died from drugs they were not prescribed (such as street drugs or opioid medications that were not prescribed to them), if they became addicted through use of their own legally prescribed Mallinckrodt products, then there is still a possible claim.