The Chapter 11 Cases

On October 12, 2020 (the “Petition Date”), Mallinckrodt plc, substantially all of its U.S. subsidiaries, including its Specialty Brands and Specialty Generics entities, and certain of its international subsidiaries, (collectively, “Mallinckrodt” or the “Debtors”) voluntarily initiated proceedings under chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (the “Court”).  Mallinckrodt’s cases have been assigned to the Honorable John T. Dorsey, and are jointly administered under Case No. 20-12522.  The case docket can be accessed at the link on the left or through the website maintained by the Court.

The Opioid Claimants Committee

On October 27, 2020, the United States Trustee for Region 3 (the “U.S. Trustee”) appointed seven creditors to serve on the Official Committee of Opioid Related Creditors (the “OCC”) and represent the interests of all of the Debtors’ opioid-related creditors (collectively, “Opioid Claimants”).  See Notice of Appointment of Opioid Related Claimants Committee [ECF No. 308].

Opioid Claimants may direct any inquiries regarding these proceedings to:

• MLNKOpioidcreditorinfo@primeclerk.com or
• MallinckrodtOpioidClaimantInfo@akingump.com

You may also call the telephone number listed in the "Info Center" box to the right.

Contact information for the OCC's advisors is available at the bottom of this page. 

Plan of Reorganization

On June 17, 2021, the Court entered an order approving the Disclosure Statement and solicitation procedures related to Mallinckrodt’s proposed Joint Plan of Reorganization (the “Plan”).  Click here for information about the Plan.  Click here for a letter from the OCC setting forth its position regarding the Plan.  The deadline for voting to accept or reject the Plan solely with respect to Class 8 (Governmental Opioid Claims) and Class 9 (Non-Governmental Opioid Claims) and all related voting subclasses was October 20, 2021 at 4:00 p.m. (ET).  Thereafter, the Court held hearings to consider confirmation of the Plan on November 1–2, 2021, November 4–5, 2021, December 6–10, 2021, December 13–17, 2021, January 3–4, 2022 and January 6, 2022.  The Court issued an opinion confirming the Plan on February 8, 2022 and entered an order confirming the Plan on March 2, 2022. On June 16, 2022, the Debtors filed a notice indicating that the Plan had been substantially consummated and the "Effective date" of the Plan occurred on June 16, 2022.

Opioid Claims

Mallinckrodt did not establish a bar date for filing opioid-related claims during its chapter 11 cases.  Now that the Effective Date of the Plan has occurred, opioid claimants will have the ability to submit claims against the applicable Opioid Creditor Trust (as defined in the Plan).  If you believe you have an opioid related claim against Mallinckrodt, you should review the Plan and the trust distribution procedures for the applicable Opioid Creditor Trust for information regarding how to submit a claim.  The Opioid Creditor Trust documents, including the trust distribution procedures for each of the Opioid Creditor Trusts (i.e., the (i) Opioid Personal Injury Trust Distribution Procedures for NAS PI Claims, (ii) Opioid Personal Injury Trust Distribution Procedures for Non-NAS PI Claims, (iii) Tribe Trust Distribution Procedures, (iv) Third-Party Payor Trust Distribution Procedures, (v) National Opioid Abatement Trust II Distribution Procedures, (vi) Hospital Trust Distribution Procedures, (vii) Independent Emergency Room Physician Trust Distribution Procedures, and (viii) NAS Monitoring Trust Distribution Procedures) can be found here 

Opioid Personal Injury Claims

The Plan allows for the creation of the Mallinckrodt Opioid Personal Injury Trust (the “PI Trust”) to: (i) assume all liability for the personal injury (“PI”) claims and Neonatal Abstinence Syndrome (“NAS”) PI claims that are channeled to the PI Trust; (ii) collect Plan distributions to be made to the PI Trust for the PI Opioid Claims Share and the NAS PI Opioid Claims Share (both as defined in the Plan); (iii) administer PI claims and NAS PI claims; (iv) make distributions to holders of allowed PI claims and NAS PI claims in accordance with the PI Trust documents; and (v) carry out other matters as set forth in the PI Trust documents.

 

Per the terms of the Opioid Personal Injury Trust Distribution Procedures for Non-NAS PI Claims and the Opioid Personal Injury Trust Distribution Procedures for NAS PI Claims, the PI Trust will publish claims materials within 14 days of the Effective Date, or a soon as practicable thereafter, including on its website (www.mnkpitrust.com).  Those materials will include, but are not limited to, instructions for completing and filing a claim form and submitting supporting documentation.  The PI Trust anticipates publishing the claims materials on or about July 1, 2022, and recommends periodically checking the website for updates on the PI Trust and other pertinent information.  Additionally, the PI Trust anticipates setting August 1, 2022 as the first date when claim forms will be accepted by the PI Trust.