Future Tort Claims

In December 2012, the Trust began receiving Future Tort Claims. The number of Future Tort Claims that have been received by the Trust far exceeds the number that were expected at the time the Trust was established. Through August 30, 2017, the Trust issued 17,322 Determination Notices to individuals who had filed Future Tort Claims -- 6,243 of those Determination Notices provided notice that the claimant’s Future Tort Claim had been allowed, and 11,079 indicated that the claim had been disallowed.

Subsequently, more than 4,000 individuals filed motions with the Court challenging the Trust’s determination of their Future Tort Claims. On April 25, 2018, the Trust filed its response to those motions. The Court has not yet ruled on those motions, and, until the Court does so, the Trust cannot determine the appropriate pro rata share that each Future Tort Claim is entitled to receive.

Additionally, 17,000 new Future Tort Claims have been received by the Trust since August 30, 2017. The Trust remains optimistic that the Court’s ruling on the pending motions will guide the Trust’s handling of all the Future Tort Claims received.

Based solely upon the number of Category A claims that have been received to date, the Trust is currently projecting that claims in Category A, including Future Tort Claims, will receive less than one percent (1%) of the amount of their scheduled value. The Trust will continue to evaluate the situation, and this percentage may be adjusted if claim filings continue at current levels.

Individuals who hold Category A Claims (including Future Tort Claims) that have been allowed by the Trust will receive written notice directly from the Trust when the Trust is able to make a reasonable determination of the appropriate percentage that Future Tort Claims are entitled to receive. The Trust will provide further general updates on this website when additional information becomes available.

Payments for Category D Claims

The Trust continues to issue payments to certain claimants.  It is important to understand that the timing of each claimant’s payment will depend on his or her individual circumstances, including, for example, whether he or she has submitted a properly executed Release and Indemnity Agreement, the nature and scope of any Medicare or Medicaid coverage that he or she has had, and any probate, bankruptcy, or similar matters that require resolution.  We will work diligently to ensure that any funds to which you may be entitled are paid to you as quickly as possible, and we appreciate your continued patience during this time.