Magellan Diagnostics Independent Monitor

Guidepost Solutions as the Monitor is responsible for:

Overseeing Magellan’s efforts to identify and notify potential victims;
Reviewing, evaluating, and verifying potential victim compensation claims;
Making recommendations to the USAO regarding eligibility and compensation amounts;
Overseeing Magellan’s payment of victim compensation claims;
Resolving disputes, if necessary, between victims and Magellan regarding compensation eligibility; and
Determining which Childhood Lead Poisoning Prevention Programs (CLPPPs) are qualified to receive any remaining funds after victim claims have been processed, subject to approval by the USAO.

Anyone who had their blood tested for lead by a Magellan LeadCare Device using a venous blood sample between June 27, 2013, and May 31, 2017, and received a falsely low test result may be eligible for compensation for the delayed detection of lead poisoning or lead exposure.
A falsely low test result means a test result that inaccurately indicated a level of lead in the venous blood sample that was lower than the then-applicable blood lead reference value (BLRV) when the level of lead was subsequently confirmed to be higher than the BLRV.

“Pecuniary harm” is the type of harm for which victims can receive compensation pursuant to the DPA.
Pecuniary harm means losses that can be measured in terms of a financial loss.
Lost wages due to attending a doctor’s appointment, or a medical bill.
Examples of pecuniary harm are things like lost wages due to taking sick children/family members to doctor’s visits, or health care expenses related to delayed treatment for lead poisoning. Attorneys’ fees and non-financial damages such as pain and suffering are not available.

If you believe you are eligible to receive compensation, you may submit a claim (a Claim Form will be available soon) to the Monitor.
Claims must be submitted in writing, with a description of the requested compensation and supporting documentation where available. More information regarding the claims process will be available soon.

The Monitor will evaluate each claim that is properly submitted with a written description and supporting documentation where available and make a recommendation whether the claim:
- Does or does not qualify for compensation.
- If the claim qualifies for compensation, what the recommended payment amount should be.
Each recommendation will be submitted to the USAO, which will make the final determination.