Bankruptcy Court and Steroid Injection Proof of Claim Form
The District of Massachusetts Bankruptcy Court finally sent out the NECC Steroid Injection Proof of Claim Form to all known recipients of the drugs. As we announced at the beginning of this month, the due date by which recipients must submit their steroid injection proof of claim forms is January 15, 2014.
Anyone who received one of the NECC contaminated steroid injections must submit a completed proof of claim form in order to be considered in any potential settlements. This includes many Minnesota residents, as several Minnesota clinics purchased and administered the NECC contaminated drugs.
Beyond Bankruptcy Proceedings
There is a multidistrict litigation (MDL) against NECC and other parties who administered the drugs. The MDL set up a mediation program, which gave hospitals and clinics who administered the drugs a chance to opt in and use mediation as a way to compensate injured patients. If they wanted to participate, they had to have opted in by September 23, 2013.
By choosing not to opt in, clinics and hospitals risked facing “vigorous federal litigation” according to the Tennessean. Thus, clinics and hospitals that did not opt in have essentially chosen to deal with any lawsuits on their own.
Do I need an attorney to submit the proof of claim form?
Bankruptcy Court drafted the proof of claim form so that injured parties are able to submit them without legal representation. However, there is a lot of room for error on these forms.
Filling the forms out completely and correctly is extremely important. Claiming appropriate damages will increase your eligibility for compensation. In addition, if your clinic did not opt into the mediation program, it may be necessary for you to sue them separately. For all of these reasons, we recommend you contact an attorney to explore your options as soon as possible.