Generic drugmaker Mallinckrodt is at risk of filing for bankruptcy again, a development that stands to disrupt its commitment to paying opioid victims under a settlement deal — but former executives are likely to keep their liability releases anyway, WSJ Pro Bankruptcy reported. The Dublin-based company, which reached a $1.7 billion opioid settlement last year through a bankruptcy filing, is now considering a repeat chapter 11 filing after struggling financially. If it files for bankruptcy again, its former executives’ grants of legal immunity from civil opioid lawsuits will likely be unaffected, according to legal experts. Those releases will stand “unless somehow the court in the second case felt it had the power to vacate the confirmation order in the first case — which rarely, if ever, happens,” said Bruce Markell, a former bankruptcy judge and now a professor at Northwestern University Pritzker School of Law. But the remaining $1.25 billion in opioid settlement payments that Mallinckrodt still owes could be reduced or delayed because those claims are unsecured, meaning there is no collateral that can be seized. Mallinckrodt’s financial position has weakened considerably since the settlement was reached. Its earnings have faltered since the confirmation of the chapter 11 plan, which shaved off about a quarter of the more than $5 billion debt load that Mallinckrodt brought to bankruptcy court. The company has also been weighed down by some high-interest debt obligations that weren’t resolved in bankruptcy, and it has faced continuing litigation from certain lenders.
