An opiate lawsuit is possible for individuals harmed by prescription opioids, but the pathway depends on which drug, which defendant, and when the harm occurred. Most of the money from the major national opioid settlements is reserved for state and local governments, not individuals. Several individual tracks exist, one major deadline has already closed, and the ones still open run on state statutes of limitations that are often shorter than people expect.
Government Settlements Do Not Pay Individuals
This is the point most people miss first. The headline settlements with distributors (McKesson, Cardinal Health, AmerisourceBergen) and pharmacy chains (CVS at roughly $4.9 billion, Walgreens at roughly $5.5 billion, Walmart at roughly $2.7 billion) are structured to compensate governments, not people. The National Opioid Settlement FAQ states that “claims brought on behalf of private individuals and businesses (including private hospitals and private third-party payers) are not included.”1National Opioid Settlement. FAQ That money funds addiction treatment, emergency response, and prevention programs through state and local agencies.2National Opioid Settlement. Executive Summary of National Opioid Settlements
Individuals pursue compensation through separate tracks: the Purdue Pharma bankruptcy trust (now closed to new claims), individual personal injury suits against manufacturers or prescribers, and active mass torts such as the Suboxone dental injury litigation.
The Purdue Personal Injury Trust Deadline Has Passed
The Purdue Pharma bankruptcy created a Personal Injury Trust to compensate two groups: people who developed opioid use disorder after being prescribed Purdue products, and children born with neonatal abstinence syndrome (NAS) from in-utero opioid exposure.3Purdue Personal Injury Trust. Purdue Personal Injury Trust The confirmed $7.4 billion plan became effective May 1, 2026.4Kroll Restructuring Administration. Purdue Pharma L.P.
The filing deadline was July 28, 2025 at 11:59 PM Eastern. Claims submitted more than 15 days late risk denial.3Purdue Personal Injury Trust. Purdue Personal Injury Trust If you did not file by that date, you cannot bring a claim against the Purdue PI Trust. Strong evidence does not override the cutoff.
What Individual Opiate Lawsuits Are Still Possible
Several routes remain open depending on the facts of your case.
Individual Suits in MDL 2804
The National Prescription Opiate Litigation, consolidated as MDL 2804 in the Northern District of Ohio, continues to coordinate opioid cases.5United States District Court. MDL 2804 – National Prescription Opiate Litigation While government plaintiffs dominate the MDL, individual lawsuits against specific manufacturers or prescribers can still be filed independently, subject to the applicable statute of limitations.
Suboxone Dental Injury Claims
A separate active mass tort targets Indivior, the maker of Suboxone, over claims that Suboxone film caused severe tooth decay, tooth loss, and oral infections without adequate warning. These cases sit in MDL 3092, also in the Northern District of Ohio. As of mid-2025, roughly 892 lawsuits were pending and no settlement had been reached. To qualify, a claimant generally needs proof of a Suboxone film or tablet prescription, significant dental damage during use, and inadequate warning of the risk.
Neonatal Abstinence Syndrome Claims
Parents can sue on behalf of children born with NAS caused by prenatal opioid exposure. These claims target manufacturers for marketing opioids without adequate pregnancy warnings and, in some cases, prescribers who failed to monitor opioid use during pregnancy. NAS claims against Purdue ran through the PI Trust (now closed), but lawsuits against other defendants remain available in many jurisdictions.
Wrongful Death Claims
Families who lost someone to an opioid overdose may bring wrongful death actions. These require evidence tying the death to prescribed opioids traceable to a defendant’s conduct. A death certificate listing opioid toxicity strengthens the connection; rehabilitation program records help document the underlying addiction.
Who Qualifies
Eligibility varies by claim type, but a few requirements run across nearly all individual opioid cases. A medical diagnosis of opioid use disorder is the foundation: it establishes long-term dependency rather than a short-term side effect. The opioid should have been legally prescribed for a legitimate medical condition, and ideally made by one of the defendants named in the specific litigation. For Suboxone cases, the eligibility question is dental harm rather than addiction. For NAS cases, it is the child’s documented condition at birth.
Filing Deadlines for Suits Outside the Closed Trusts
For individual lawsuits filed in court rather than through a settlement trust, state statutes of limitations control. Personal injury claims typically must be filed within two to three years, though the starting point is often contested. Opioid claimants frequently invoke the “discovery rule,” which delays the clock until the claimant knew, or reasonably should have known, that the opioid caused the injury. Courts apply the exception cautiously, but it can matter when someone did not realize for years that an addiction traced back to a manufacturer’s misrepresentation.
Wrongful death limitations also vary by state, generally running one to three years from the date of death. Some states toll the deadline for minor children of the deceased. An attorney can tell you whether your particular claim still sits inside the filing window. The longer you wait, the more risk you take on.
Documentation to Gather
A viable claim is built on records. Federal law gives you the right to access and obtain copies of your protected health information from any covered healthcare provider.6eCFR. 45 CFR 164.524 – Access of Individuals to Protected Health Information Providers can charge a reasonable, cost-based fee limited to labor, supplies, and postage, and some offer a flat fee of up to $6.50 for electronic copies.7U.S. Department of Health and Human Services. Clarification of Permissible Fees for HIPAA Right of Access
Collect:
- Prescribing physician notes showing the diagnosis, drug, dosage, and duration.
- Pharmacy records as independent verification. These typically include the National Drug Code (NDC), which identifies the specific manufacturer. The NDC matters because different lawsuits target different manufacturers.8Food and Drug Administration. National Drug Code Directory
- Rehabilitation discharge summaries documenting severity and treatment costs.
- For wrongful death: a certified death certificate stating the cause.
Organize everything chronologically so each prescription lines up with the corresponding visit and fill date. Claims administrators and defense attorneys both use that timeline to test eligibility.
Attorneys and Fees
Most opioid attorneys work on contingency, taking a percentage of the recovery rather than billing hourly. For individual personal injury claims outside the MDL settlement structure, contingency fees in mass tort litigation typically range from 25% to 40%. Within the MDL government settlements, the court capped attorney fees at lower levels to preserve more money for public remediation.9National Opioid Settlement. Order – MDL 2804 Case No. 1:17-md-2804
When interviewing attorneys, ask how many opioid cases they have handled, which defendants they have faced, and what fee they charge. Get the fee agreement in writing before signing.
What You Can Actually Recover
Economic damages cover the quantifiable costs: medical treatment, rehabilitation, and lost wages. Inpatient rehab runs roughly $5,000 to $20,000 for a 30-day stay; 60-to-90-day programs can cost $12,000 to $60,000 or more. Non-economic damages cover physical pain, emotional distress, and loss of consortium. In wrongful death cases, the family’s loss of companionship also falls here.
The gross award is not the take-home. Attorney fees come off first. Then liens and taxes apply, and both can be substantial.
Medical Liens
If Medicare paid for opioid-related treatment, the Medicare Secondary Payer law gives it a statutory right to be repaid from your settlement. Medicare makes “conditional payments” when a liable third party exists but has not yet paid, and those must be reimbursed once the case settles.10Office of the Law Revision Counsel. 42 U.S. Code 1395y – Exclusions From Coverage and Medicare as Secondary Payer Failing to repay within 60 days of notice triggers interest; ignoring the obligation can prompt a demand for the full conditional payment with no reduction for your legal fees.11Centers for Medicare and Medicaid Services. Conditional Payment Information ERISA-governed employer plans and state Medicaid programs often assert similar reimbursement rights. Request a conditional payment letter early so lien amounts are known before you accept any offer.
Tax Treatment
Damages received on account of personal physical injuries or physical sickness are excluded from gross income.12Office of the Law Revision Counsel. 26 USC 104 – Compensation for Injuries or Sickness That exclusion covers compensation for medical expenses, lost wages, and pain and suffering tied to a physical injury or sickness such as opioid dependency that caused bodily harm. Emotional distress alone does not qualify, and a settlement portion allocated to standalone emotional distress is taxable as ordinary income at rates from 10% to 37%.13Internal Revenue Service. Federal Income Tax Rates and Brackets How the settlement agreement allocates the payment matters, so negotiate the allocation language with taxes in mind and consult a tax professional before signing.
Impact on Means-Tested Benefits
A lump-sum settlement can immediately disqualify you from Supplemental Security Income (SSI) and Medicaid. The federal SSI resource limit remains just $2,000 for an individual in 2026.14Social Security Administration. 2026 Cost-of-Living Adjustment (COLA) Fact Sheet Even a modest settlement can push you over that threshold the day it arrives.
A first-party special needs trust is the standard protective tool. Properly structured, trust assets generally are not counted toward SSI or Medicaid resource limits. The trustee controls distributions and must use funds to supplement rather than replace public benefits. Federal law requires any first-party special needs trust to include a Medicaid payback provision: whatever remains after the beneficiary’s death goes first to reimburse the state Medicaid program. Structured settlements that pay over time are another option, but periodic payments may count as income in the month received and can exceed Medicaid income limits. Set the trust or structure up before the money is distributed. Fixing this after funds arrive is far harder than planning ahead.