<span>Prime Clerk Restructuring Case Study Purdue Pharma L.P.</span> Prime Clerk

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In September 2019, Purdue Pharma, a pharmaceutical company that manufactures opioid pain medications, filed for bankruptcy. The commencement of the Chapter 11 cases resulted largely from the thousands of lawsuits pending against the company and related entities for the alleged false and deceptive marketing of OxyContin and other opioid pain medications, and alleged liability for the national opioid crisis.

Given the vast number of potential known and unknown claimants – tens of millions of parties – the case presented several unprecedented noticing and claims processing challenges. Together with the company and its professionals, Prime Clerk’s mass noticing specialists and our Notice Media Solutions team, led by one of the nation’s leading experts on complex notification and outreach, developed solutions to these challenges successfully implementing one of the largest legal notice programs ever deployed.

Bar Date Notice & Known Potential Claimants

Our Prime Clerk Restructuring Administration team created custom proof of claim forms to streamline and simplify the process for potential claimants.

Prime Clerk delivered all the bar date packages and flyers –totaling 1.2 million packages – within just 3 weeks of the entry of the bar date order.

Unknown Potential Claimants and Supplemental Notice Plan

To address notice to the unknown potential claimants, Prime Clerk developed and deployed one of the largest legal notice programs in history, reaching an estimated 95% of all adults in the U.S. over the age of 18 with an average frequency of message exposure of six times.

A dedicated website supplemented Prime Clerk’s main restructuring case website. The website received over 400,000 user visits, with over 872,000 page views.

Press releases were supplemented by Prime Clerk’s ongoing earned media outreach and combined generated at least 1,879 news stories across the U.S., affecting an audience of approximately 79,923,500. The supplemental notice plan served over 167 million display media impressions and over 694 million social media impressions, exceeding planned impressions by nearly 109 million. More than 220,000 English and Spanish TV commercials and 177,000 radio commercials aired in connection with the plan. In addition, Prime Clerk coordinated the publication of the bar date notice in 79 local newspapers, multiple consumer magazines and posted 82 billboards. Notably, our supplemental notice plan was designed with adaptability to ensure optimal reach and frequency in the face of evolving external factors, including COVID-19.

The breadth of our unprecedented notice plan required Prime Clerk to be ready for and to answer thousands of potential claimant inquiries and receive and process hundreds of thousands of claim forms, all in a manner that complied with the Health Insurance Portability and Accountability Act (HIPAA). Prime Clerk established a dedicated call center with trained bankruptcy specialists who responded to every phone, email, and live-chat inquiry in an immediate fashion and built an online claim platform with the function and capacity to support millions of filed claims.

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