MASSIVE: The Exclusive Lien Resolution Administrator for Purdue Opioid Trust
MASSIVE is proud to be the exclusive Lien Resolution Administrator for the Purdue Opioid Trust. While there is a delay in that Trust due to appeals, we are forging ahead with planning. What is the process for up to 150,000 claimants going to look like?
Medicare Lien Resolution
The United States Department of Justice (“DOJ”) has agreed to a significantly reduced lump-sum settlement to waive its interests for Medicare Liens, TriCare Military Liens, and Indian Health Services Liens. This means that our process will not need to wait for Medicare or the other federally-run lien holders to provide their claims.
Private Liens and ERISA Liens
Private lien resolution, including ERISA liens, Medicare Advantage Plans, FEHBA plans, and Managed Care Organizations’ liens will be handled by one of the largest-ever Private Lien Resolution Programs. This LRP is likely to include the largest subrogation providers, including Rawlings, Optum (f/k/a Equian), Benefit Recovery, Hill Hill Carter, MSP Recoveries, and more. These providers cover 99% of all non-public health plans’ subrogation rights. Each signatory to the LRP will agree to maximum timeframes, maximum lien amounts, and automatic offsets to speed the process.
State Medicaid Liens
The process for Medicaid lien resolution remains unsettled. We are working hard to create maximum timeframes for each state, as the time to resolve Medicaid liens is usually the longest for all lien resolution processes. Secondary to those timeframes, we are hopeful to create maximum lien amounts based on settlement values.
Minimum Settlement Waivers
Certain lien holders have already agreed to waive rights to any lien reimbursement if an individual’s settlement amount is below a certain threshold. We will continue to work on those waivers in an attempt for consistency amongst all lien holders.
How Will We Prioritize 150,000 Claims?
At this point, no claim is more important than another. Our plan is to begin resolution as soon as the Courts allow. This means we should resolve certain liens even before a claimant is approved to be part of the Trust’s settlement. We understand this means certain liens will be resolved for claimants who never qualify – and that’s okay. This process needs to move fast to help the countless individuals harmed by the opioid epidemic.
If you are an individual claimant/plaintiff with question, please ask your own lawyer. We are unable to legally communicate with individuals at this time. We look forward to helping you maintain as much of your settlement as possible.
MASSIVE is also proud to sponsor the American Association for Justice’s Opioid Litigation Group. We are committed to continued assistance as the trial lawyers of America attempt to right this decades-long wrong and we are excited to do our part.