Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Lawsuit Legal News' writers and attorneys and is accurate as possible. This content should not be taken as legal advice from attorney. However, this article was edited by Stanley Gipe, a mass torts lawyer with over twenty years of experience representing individuals seriously injured by negligence exhibited by corporations. Stanley is a member of the Plaintiff's Steering Committee for the Suboxone Lawsuit (MDL No. 3092 — IN RE: SUBOXONE (BUPRENORPHINE/NALOXONE) FILM MARKETING, SALES PRACTICES, AND PRODUCTS LIABILITY LITIGATION).
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Lawsuit Legal News does everything possible to make sure the information in this article is up to date and accurate. If you need specific legal advice about your case, contact us. This article should not be taken as advice from an attorney.
The Suboxone Lawsuit is an ACTIVE Lawsuit
Suboxone, a medication for dealing with opioid addiction and treating withdrawal symptoms, can be a lifesaver. It helps by stopping cravings and making it difficult to get high on other dangerous drugs while taking it.
But lately, there has been a worrying discovery—a link between Suboxone sublingual strips and serious dental issues, such as the risk of severe tooth decay. Remember that only the oral film version of Suboxone causes tooth decay.
If you or someone you care about has had dental issues such as tooth loss or gum injuries while on prescription Suboxone film, we might be able to assist with obtaining compensation.
The Suboxone lawsuit lawyers are here to help you determine your rights and what steps you can take to cover your medical bills and rebuild your life. Contact us online or call us at 866-535-9515 to determine whether you qualify to file a lawsuit.
Click Here to View the Latest Update
Table of Contents
- The Suboxone Lawsuit is an ACTIVE Lawsuit
- Table of Contents
- A Recent Increase in Suboxone Tooth Decay Lawsuits
- Recent Update – November 2024
- What is Suboxone?
- Suboxone Tooth Decay Lawsuits
- How to Qualify for a Suboxone Lawsuit
- Allegations Against Indivior for Suboxone Tooth Decay
- Evidence for Suboxone Causing Tooth Damage
- Possible Punitive Damages
- Studies Connecting Suboxone to Tooth Decay
- Injuries a Suboxone Case
- FDA's Response to Suboxone Tooth Decay
- Statute of Limitations for the Suboxone Dental Decay Lawsuit
- Compensation for Suboxone-Related Tooth Decay
- Indivior's Questionable Past as a Bad Actor
- Talk To a Suboxone Lawyer Today
A Recent Increase in Suboxone Tooth Decay Lawsuits
Lately, there's been a big jump in the number of lawsuits over Suboxone causing tooth decay.
As of August 1, 2024, there are 677 Suboxone tooth decay lawsuits pending in the multidistrict litigation (MDL) in the Northern District of Ohio. With hundreds of thousands of people using this medication for the treatment of opioid use, we expect the number of Suboxone cases to rise.
The increase in these lawsuits is likely because more people are discovering the link between Suboxone and tooth decay. The drug is becoming more popular for opioid addiction treatment, and Suboxone users are starting to notice dental problems during their check-ups. Keep in mind we are nearly a decade into the national opioid epidemic. we are investigating hundreds of Suboxone cases involving individuals who have lost multiple teeth after using sublingual buprenorphine medications.
Suboxone lawsuits commonly allege the drug manufacturer Indivior, Inc. failed to warn users of potential dental hygiene issues before adding a warning label in 2022. As these lawsuits keep piling up, Indivior will likely be held responsible for failing to warn consumers about the dental risks of severe tooth decay and other oral health issues requiring the need for extensive dental treatments.
We believe Reckitt Benckiser Pharmaceuticals, which later became Indivior (the makers of Suboxone), was well aware of the potential risk of tooth decay, gum disease, and tooth loss.
Recent Update – November 2024
As Suboxone tooth decay lawsuits continue to evolve, the team at Lawsuit Legal News will provide regular and timely updates to keep you informed. Our goal is to provide the most accurate and timely update of all sites on the internet. If you have suffered severe tooth decay and tooth loss after being prescribed Suboxone for opioid dependence, we want this page to be your resource for new information concerning this lawsuit.
We believe this MDL will take off over the next few months as June expires the statute of limitations (SOL) in States with two-year deadlines. The warning label for Suboxone sublingual strips was changed in June of 2022, so any failure to warn cases in states with two-year statutes must be filed by June 2024.
This should be a fast-moving mass tort, and the science linking sublingual buprenorphine drugs to tooth loss and adverse dental outcomes appears strong. This page shall serve as a resource as we advance this lawsuit to the inevitable Suboxone settlement. Here are the latest updates on the Lawsuit. We will also report on new dental injuries alleged in these cases as time passes.
November 1, 2024 - Suboxone Maker Indivior Settles Fraud Case with Health Plans for $85 Million Ahead of Trial
Virginia-based pharmaceutical company Indivior agreed to an $85 million settlement over allegations of healthcare fraud and antitrust violations in a major case brought before the Roanoke County Circuit Court. Plaintiffs—five health care benefit plans that paid for Suboxone—claimed Indivior engaged in a fraudulent “product hop” by switching the market from Suboxone tablets to a newer film version in 2010 to block generic competition. This scheme was initially flagged by a whistleblower within the company, sparking the legal action.
The plaintiffs filed suit in 2020 after opting out of the Suboxone multidistrict litigation (MDL). They argued that Indivior’s actions forced them to pay more for Suboxone than otherwise. In October 2023, a jury ruled in the plaintiffs' favor on a statute of limitations defense, affirming their claims were not time-barred. This $85 million settlement, reached just days before the case was set to go to a five-week trial, ranks among the largest opt-out pharmaceutical recovery settlements on record.
October 18, 2024 - We Created an Infographic to Help You Understand the Importance of Bellwether Trials in the Suboxone MDL
October 14, 2024 - Status Conference Brings Suboxone MDL One Step Closer to Key Bellwether Trials
Earlier this month, the court held a status conference for the Suboxone tooth decay MDL. The main goal was to prepare for the upcoming bellwether trials, which are a big deal in mass tort cases like this. These trials help both sides predict how juries might respond to key issues—like whether the product had defects, lacked proper warnings, or was marketed misled. Most importantly, they will show how an average jury would rule if a Suboxone claim were taken to trial.
There’s a good chance the defendants could settle before the trials begin to avoid the risk of unfavorable jury verdicts. But locking in trial dates is essential to kickstart serious settlement talks. Once those trials are on the calendar, we could see a quicker, more complete resolution in the Suboxone case.
We’ll be monitoring the situation closely and sharing updates as we have them. Rest assured, we’re fully committed to seeing this through and pushing for a fair outcome every step of the way.
October 1, 2024 - Court Issues Case Management Order for E-Discovery in Suboxone Lawsuits
The recently issued Case Management Order No. 11 for the Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation lays the groundwork for how electronic discovery and document production will be handled in the ongoing lawsuits. This order emphasizes protocols to ensure that physical and digital documents, such as emails and spreadsheets, are preserved, processed, and shared between the parties to promote efficiency and fairness.
The order focuses on handling Electronically Stored Information (ESI), including rules for preserving relevant metadata (information about a document's history, such as who created it and when), organizing files, and ensuring that all parties have access to the necessary documents. It also sets out specific methods for dealing with complex electronic files, such as spreadsheets and databases, to ensure they are produced in a usable format.
Notably, the order encourages collaboration between parties in determining search methods and protocols, helping to reduce unnecessary court interventions. It also provides guidelines for how non-party documents, such as those obtained through subpoenas, should be managed, ensuring that the discovery process remains thorough yet efficient.
This order demonstrates the court's intent to streamline the discovery process while balancing the burden on the parties involved. It ensures that relevant information is shared without imposing undue technical burdens on any party.
September 27, 2024 - New Court Rulings Strengthen Plaintiffs' Position in Suboxone Litigation Against Implied Preemption
We have a major update for you in the ongoing Suboxone litigation, which will likely strengthen the plaintiffs' position when it comes to the motion to dismiss under "implied preemption" filed by the defense. In response, the Plaintiff Leadership Committee (PLC) filed a "Notice of Supplemental Authority." A "Notice of Supplemental Authority" is just a fancy term for information that is relevant to an issue in the ongoing case but was not available when earlier briefs were submitted.
The PLC's response claimed that state law claims should not be dismissed based on this judicial doctrine without explicit preemption by Congress. A huge part of their argument to back this up is the Supreme Court's recent ruling in Loper Bright v. Raimondo, which challenged the validity of the implied preemption theory.
Additionally, a recent ruling by the U.S. Court of Appeals for the Third Circuit in the Fosamax case also supports the PLC's position. In that case, the court concluded that the district court erred in its analysis of preemption and instead favored the plaintiffs' right to bring state law claims. This ruling, along with the reasoning in Loper Bright, throws out the idea that FDA statements alone can preempt these types of state-based claims.
These recent rulings could have a major positive impact on the claims in the Suboxone MDL, particularly when it comes to failure-to-warn and design-defect allegations at the state level.
The PLC is hoping the court will consider this new authority and rule that the plaintiffs' state law claims can remain intact.
Stay tuned for more updates as this major part of the Suboxone case develops.
September 11, 2024 - Subsidiaries of Indivior and Reckitt Benckiser Released from Suboxone MDL
Judge Calabrese, who is overseeing the MDL against Suboxone for tooth decay, has dismissed some of the defendants' subsidiary organizations. In general, when a plaintiff files a lawsuit, they often name not just the main company but also its parent company and other related companies since they are often involved in the alleged harm.
In this order, the Judge has released:
- Indivior PLC
- Reckitt Benckiser LLC
- Reckitt Benckiser Healthcare (UK) Ltd.
However, other defendants, including Aquestive Therapeutics and two main Indivior units, remain in the MDL.
The Judge cited an August 22 formal request filed by plaintiff Ryan Bennett and agreed to by the defendants, asking the court to dismiss these defendants. During a status conference on September 4, the additional plaintiffs also agreed to release the plan.
The defendants were dismissed with prejudice in Bennett's case and without prejudice in the other cases.
The MDL was established in February, consolidating more than a dozen Suboxone-related suits from various states into the Northern District of Ohio. Since then, more claims have been transferred from other states, expanding the case.
Several law firms, including Dolman Law Group, represent the plaintiffs, while Sutter O'Connell Co. and Bowman & Brooke LLP represent the companies.
September 1, 2024 - Plaintiffs Respond to Indivior's Motion to Dismiss with Strong Counterarguments
After Indivior filed a Motion to Dismiss, plaintiffs in the Suboxone MDL (Multi-District Litigation) swiftly filed their motion to counter Indivior's arguments for dismissal. Indivior's motion hinges on preemption claims, arguing that federal law shields them from state-level liability claims. They contended that certain aspects of the plaintiff's failure-to-warn and design-defect claims were preempted by federal regulations, particularly those governing the approval and labeling of Suboxone.
However, the plaintiffs' motion argued against this preemption defense. They emphasized that their claims were not preempted because they were based on newly acquired information that Indivior allegedly failed to incorporate into their product's labeling, as required by the FDA's Changes Being Effected (CBE) regulations. These regulations allow drug manufacturers to update labels with new warnings without prior FDA approval when new risks are identified. The plaintiffs maintained that Indivior had ample evidence of the risks associated with Suboxone's delivery system well before the FDA's June 2022 label change but failed to act, breaching their duty to warn.
Additionally, the plaintiffs challenged Indivior's arguments regarding the design-defect claims, pointing out that an alternative delivery system for buprenorphine, such as the FDA-approved injectable Sublocade, could have mitigated the risks posed by Suboxone film. They argued that this alternative design was feasible and should have been considered by Indivior before launching the Suboxone film.
In summary, the plaintiffs' motion sought to dismantle Indivior's preemption defense, arguing that the company had a continuous obligation to monitor and update its product labeling and design in light of new information, a responsibility they claim Indivior neglected. This filing marks a significant step in the ongoing litigation, highlighting the complex interplay between federal regulations and state law claims in pharmaceutical litigation.
August 23, 2024 - Defendant Indivior Files Motion To Dismiss
Defendants filed a partial motion to dismiss against plaintiff Ryan Bennett, claiming the doctrine of federal preemption completely preempts his design defect claims. Indivior also claims parts of the plaintiff's failure to warn claim are also preempted. The doctrine of federal preemption states that when state law interferes or conflicts with federal law, federal law will preempt state law (federal law will rule).
Indivior contends that Ryan Bennett's failure to warn claims are preempted because the label was approved. Thus, they allege that an approved label is legally adequate under the law. Unfortunately for Indivior, they have relied on the assumption that plaintiffs cannot rely on newly acquired information that predates a change in label.
Indivior's argument fails as a result of the case Wyeth v. Levine. Wyeth holds that a manufacturer remains responsible for their label at all relevant times. Thus, newly acquired information may consist of data previously submitted. In other words, the plaintiff may rely on data that predates the FDA's approval of the Suboxone film label to prove an element of his claim or evade preemption.
Further, Indivior also relies on the fact the FDA approved an updated label in 2022. However, Indivior remains responsible for the Suboxone film label at all times. Newly acquired information in this case, when taken cumulatively with all existing information, should lead to a label change, and that is at the heart of the plaintiff's argument.
Indivior's design defect preemption argument is illogical. Mr. Bennett's pre-approval design defect argument relates to the buprenorphine delivery system. The defendant claims Mr. Bennett's pre-approval design defect claim is preempted as we would be speculating what action the FDA may take.
In this case, the controlling question is whether the FDA would approve a buprenorphine delivery system that is a safer alternative to sublingual Suboxone. Fortunately, we do not need to speculate what the FDA may or may not do. The FDA has approved a safer Sublocade alternative (injectable buprenorphine).
Defendants filed a motion to dismiss and challenge the plaintiff's claims under federal preemption in every conceivable mass tort claim. This was to be expected in the lawsuit, and we anticipate Judge Calabrese will deny Inidivior's motion to dismiss. The next step in Suboxone litigation will be the discovery of whether exposure to Suboxone film can result in tooth loss.
August 18, 2024 - New Evidence of Dangers Will Play Role in Suboxone Tooth Decay Lawsuit
A research letter published six months after the June 2022 Suboxone film label change sheds light on how harmful this drug is to a user's dental health. The research letter, published in the Journal of the American Medical Association, illustrated a significantly increased risk for adverse dental events (dental injuries) in individuals using sublingual buprenorphine compared to those using transdermal buprenorphine or oral naltrexone. Many of the individuals who used sublingual buprenorphine suffered severe tooth decay.
This letter will be considered when the Court hears arguments pertaining to the sufficiency of the label on Suboxone film. This goes to the heart of the plaintiffs' argument in the lawsuit. Plaintiffs contend that Indivior's warning label fails to adequately inform patients or physicians that the Suboxone film poses serious dental risks.
We expect Judge Calabrese to take notice of the 10,000 lawsuits listed on Schedule A submitted to the Court back in June. Practically every last client whose claim is pending in federal court suffered severe tooth decay.
August 13, 2024 - Several Law Firms, Including Dolman Law Group, Take Position That Indivior Never Truly Warned Consumers
We believe (along with several other law firms) that Indivior failed to warn users and physicians prescribing Suboxone that the product was inherently dangerous and posed a considerable risk to dental health.
We believe the paper insert added to the box of Suboxone film strips is the weakest form of warning. Drug manufacturers know full well that most people won't read it because it's too long and too complicated, and patients assume if the information is important, their doctor, pharmacist, or the package's label would warn them.
And I would venture to go one step forward and say that most people cannot read it. This is not because people taking Suboxone can't read, of course; it's 33 pages long and includes paragraphs like the following, which no regular person could understand.
The 4:1 combination of buprenorphine and naloxone was not mutagenic in a bacterial mutation assay (Ames test) using four strains of S. typhimurium and two strains of E. coli. The combination was not clastogenic in an in vitro cytogenetic assay in human lymphocytes or in an IV micronucleus test in the rat.
From SUBOXONE® "HIGHLIGHTS OF PRESCRIBING INFORMATION" Section 13.1 Carcinogenesis, Mutagenesis, Impairment of Fertility
According to WordCounter.net, the document contains 18,025 words and would take a person with a college graduate reading level approximately 1 hour and 5 minutes to read.
If Indivor truly wanted to warn patients, they could have simply added the warning to the packaging's label like all other major warnings.
Additionally, Indivior never sent out "Dear Doctor" letters warning physicians who regularly prescribe Suboxone films about the likelihood of chronic tooth decay. Had doctors been warned, they could have passed this information on to their patients. Doctors do not just magically know every side effect caused by a medication. They rely on manufacturer patient reports and communications to acquire this information. Thus, this is the basis of Dolman Law Group's stand.
We have filed hundreds of Suboxone lawsuits and await the case to move forward. This will happen once the tolling agreement that will streamline the Suboxone litigation is finalized, likely only days away.
August 7, 2024 - Joint Status Report Filed
A joint status report was filed in the Suboxone lawsuit, indicating that both sides are very close to executing a tolling agreement. Indivior (defendant manufacturer) has provided plaintiffs with a proposed order to edit and provide feedback on proposed terms. Plaintiffs expect to provide their response within a week.
August 6, 2024 - New Filings Decline Likely Due to Anticipated Tolling Agreement
The number of cases filed in the Suboxone MDL pending in federal court dropped from 677 to 673 in the past few weeks. We expect slower growth of lawsuits filed in the MDL as a result of the pending tolling agreement, which will give plaintiffs until sometime in 2025 to bring their lawsuits.
However, the number of potential Suboxone lawsuits continues to grow month over month. Law firms simply have more time to investigate their claims and perform their due diligence. For firms that believe the statute of limitation for the lawsuit began running as of June 2022, the next big rush to file claims will not be until next summer.
At Dolman Russo, we have taken a position that the alleged warning label change in 2022 failed to provide notice. We believe the warning, which was listed in an insert and not on the bottle itself, did not adequately warn those prescribed Suboxone film of the potential dental problems they could face from exposure. The known danger of Suboxone dental injuries should have prompted a more thorough warning to inform patients and warn medical providers that exposure can result in dental decay.
August 6, 2024 - Cases Drop Slightly, Possibly Due to Anticipated Tolling Agreement
The number of cases filed in the Suboxone MDL dropped from 677 to 673 in the past few weeks. We expect slower growth in this litigation as a result of the pending tolling agreement, which will give plaintiffs until sometime in 2025 to bring their lawsuits.
August 1, 2024 - Indivior Files Motion for Partial Dismissal in Suboxone MDL
Indivor has filed for a partial dismissal of the Suboxone lawsuits primarily based on the doctrine of federal preemption. Here is what you need to know:
*Note: when you read "preempt" below, in this context, it means that whatever issue they are talking about is invalid for X reason. This will help make the following much more clear.
- Design Defect Preemption: The defendants argue that federal law preempts the design defect claims. They assert that any change to Suboxone's design would have required FDA approval. Thus, it is impossible to comply with federal and state law. Since the FDA approved Suboxone's formulation, the defendants cannot be held liable under state law for not altering the design post-approval.
- Failure to Warn Preemption: The defendants also claim that federal law preempts the failure-to-warn claims during two significant periods:
- At the time of approval: The FDA approved Suboxone after determining its safety and efficacy. Because of this, the defendants argue that the plaintiffs' claims challenging the initial label are preempted because the FDA's approval process is the ultimate authority on a drug's safety based on the information available. Again, the defendants are claiming that because the FDA initially approved the label, that should shield them from claims that the label was faulty.
- Post-approval after June 2022 label change: After the FDA-mandated label change in June 2022, the defendants argue that there has been no newly acquired information that would justify another label change under the FDA's "changes being effected" (CBE) regulation. Therefore, they claim that any assertions that the label remained inadequate are also preempted. This is the same argument as the "time of approval" argument—aka the FDA approved it and did not tell us that we needed to make any other changes; therefore, plaintiffs shouldn't be able to complain about the label because federal law overrides state law.
- Claims Against Non-NDA Holders: The defendants argue that federal law bars non-NDA (New Drug Application) holders from modifying the drug label. And since only the NDA holder can make changes to the label, claims against anyone other than the NDA holder are preempted. Indivor claims it was not applying for a new drug, so they were not the NDA holder and, therefore, can't be sued.
- Inadequate Allegations: Finally, the Indivor's attorneys argue that the plaintiff's allegations are insufficient for a lawsuit against certain defendants (Indivior PLC, Reckitt Benckiser Healthcare (UK) Ltd., and Reckitt Benckiser LLC) because there is no specific allegation that these entities manufactured, marketed, or sold Suboxone Film. Basically, this is corporations being shady, which is, unfortunately, just an accepted fact in America. Indivior is claiming that Indivior PLC and the other companies it lists cannot be sued because they don't make Subxone; they are just the parent company of Indivior Inc. and Indivior Solutions which actually makes and markets Suboxone. It's a load of bs and they know it.
- Dismiss with Prejudice: The defendant's motion wants the Court to dismiss these claims with prejudice, meaning they cannot ever be refiled or attempted again in anyway.
We will keep you updated on what the Judge has to say about this motion.
July 28, 2024 - Defendant Manufacturer Indivior Files Answer to Plaintiff's Complaint in Suboxone Tooth Decay Lawsuit
Defendant Indivior has filed an answer to the plaintiff's first amended master complaint. Further, Indivior also filed a motion to dismiss for lack of personal jurisdiction. Without bogging our readers down in legalese, both pleadings are a mere formality and contain very little in the way of substance. Indivior will almost certainly lose on their personal jurisdiction argument.
Although Indivior is a country domiciled in the United Kingdom and Wales, its products are prescribed and sold throughout the United States. This is nothing more than an attempt to waste the time of plaintiff lawyers, and the very lawyers who filed this pleading get to bill Indivior for their work.
Indivior's answer to the master complaint tells us very little. In fact, Indivior essentially denied each and every allegation raised by the plaintiffs—aside from the fact a lawsuit was filed and they are a defendant.
Again, this is typical in any mass tort or class action lawsuit. Defendant(s) have no incentive to admit any factual allegations at this point and will force plaintiffs to prove each and every count through the process of discovery. The next status conference is set for September 4, 2024, and we expect a tolling agreement to be reached by all parties at such point.
July 20, 2024 - Judge Orders Indivior to Turn Over Documents From Their Antitrust Litigation
Judge Calabrese has issued an order in the Suboxone tooth decay lawsuit MDL following the latest status conference on July 18, 2024. The Court has directed Indivior to turn over specific documents related to the antitrust litigation that was resolved in October 2023. We believe these documents will illustrate the egregious marketing tactics utilized by the defendant manufacturer. Keep in mind that Indivior paid $385 million to resolve the antitrust litigation, and this will shed light on what a bad actor this company is and continues to be.
Further, Judge Calabrese ordered Indivior to turn over documents from its patent litigation. Forty-two (42) state attorneys general accused Indivior of pulling its oral tablet form of Suboxone to avoid generic competition.
Indivior ultimately settled its patent litigation for $102.5 million. These documents will show how the tablets were replaced by sublingual film to avoid generic competition, as the patent on the tablet form was set to expire. Additionally, plaintiffs contend that Indivior failed to properly test Suboxone film and the dangers it poses to one's oral health, including tooth decay and tooth loss.
Both plaintiffs and defendants were provided a deadline of August 16, 2024, to negotiate a protocol for exchanging information related to all claimants. This information will be used to determine whether individual claims are representative of other cases in the Suboxone tooth decay MDL and what information each party needs to resolve this lawsuit.
The next status conference has been set for September 4, 2024. We are hopeful that a tolling agreement will be reached by both plaintiffs and defendants by this date.
July 15, 2024 - The Lawsuit Continues to Grow
There are presently 692 Suboxone lawsuits consolidated in the United States District Court for the Northern District of Ohio. While the number of lawsuits being filed has slowed considerably, there is a good reason for that. On June 14th, the Plaintiffs submitted a list with the Court for all claims in states with a one or two-year statute of limitations. Thus, the next big rush of lawsuits will not be filed until next spring, prior to June of 2025, when states with a three-year statute of limitations will expire.
We are nowhere near a Suboxone settlement. This is a question I face regularly from our client base. However, I still remain steadfast in my confidence this will be a rather quick-moving mass tort, and I expect a Suboxone settlement by 2026. The science is simply very clear, and Indivior has proven to be a bad actor.
July 12, 2024 - Parties Submit Joint Agenda for July 18, 2024 Case Management Conference
Both parties signed off on a stipulated agenda for the upcoming case management conference in the Suboxone tooth decay lawsuit, which will take place July 18, 2024, in Cleveland. Plaintiff lawyers and lawyers for the defendant manufacturer (Indivior) continue working together to convert the schedule A complaint (filed with the Court on June 14th) into a tolling agreement.
ESI (electronically stored information) will be a contested issue in the upcoming hearing. Indivior has objected to specific RFP's (requests for production) pertaining to patent documents for Suboxone film or documents related to the antitrust MDL. Both sides will present oral arguments on all outstanding and disputed RFP's at this next hearing. There is also contention regarding the order of discovery and timing of a plaintiff's fact sheet. The plaintiffs believe it is way too early to subject their clients' to burdensome and unnecessary discovery at this phase.
July 5, 2024 - Joint Status Report Indicates Both Sides Are Confident in Moving Forward with Tolling Agreement
The lawyers for both the plaintiffs and defendant manufacturer (Indivior) have expressed confidence in reaching a tolling agreement in the near future. Further, they reached an agreement to inform Judge Calabrese by August 1, 2024, on the status of their continued talks. The aim is to execute a tolling agreement that will eliminate the need to file individual lawsuits to preserve a statute of limitations in the future.
We believe Indivior has come to realize just how many plaintiffs there will be in the Suboxone lawsuit. The recent schedule submitted by the plaintiffs on June 14 contained over 10,000 names. We expect there will ultimately be close to 50,000 plaintiffs in the Suboxone class action lawsuit when all is said and done.
June 26, 2024 - Judge Denies Defense's Motion for Bifurcation
Judge Calabrese has now issued an order ruling against Indivior's motion for bifurcation. Indivior asked Judge Calabrese for phased discovery wherein the Court would conduct general causation discovery first and specific causation thereafter.
Phased discovery would add at least a year to eighteen months to the Suboxone lawsuit. However, the Judge felt that organic and specific causation are heavily intertwined. Thus, separating or sequencing general and specific causation would not be pragmatic. Further, the Judge stated that most MDLs (multidistrict litigation) operate efficiently by running both general and specific causation in tandem and on parallel tracks. This is a huge victory for the plaintiffs, and we expect Suboxone litigation to take off.
June 24, 2024 - Recent Developments
Over the past ten days we have seen the expiration of the statute of limitations for individuals residing in a handful of states. While a tolling agreement has been rejected by Indivior (defendant-manufacturer), Judge Calabrese allowed for the plaintiffs to file a master complaint with two separate schedules of individuals. One schedule was for folks residing in states with a two year statute of limitations and one in which the defendant is not a resident of. The second list is of individuals residing in New Jersey, Virginia and Delaware, where the corporate defendants are domiciled.
The master complaint with a schedule of plaintiffs was submitted to the court on June 14th. The schedules contains over 10,000 plaintiffs that are now part of the lawsuit which has been consolidated in United States District Court for the Northern District of Ohio. The majority of law firms representing plaintiffs in Suboxone litigation only filed on behalf of residents of states with two year statute of limitations. However, a few firms added plaintiff names to the schedule for all of their clients regardless of state. This is a decision that makes little sense to those in leadership.
June 21, 2024 - Amended Master Complaint Filed
Plaintiff leadership filed a new amended master complaint in the United States District Court for the Northern District of Ohio. Keep in mind that the plaintiff steering committee is simply attempting to plead their claims with a greater level of specificity. This is just a process of fine-tuning the master complaint for those looking to file a lawsuit going forward.
This is a pivotal move for Suboxone lawyers as discovery will soon proceed, and a fine-tuned complaint is somewhat of a roadmap for how plaintiffs will build and illustrate their claims. We are simply waiting at this time for Judge Calabrese to submit an order on whether general causation and specific causation discovery will be bifurcated or not. Plaintiffs have asked Judge Calabrese to allow general and specific causation discovery to proceed forward in parallel tracks.
June 14, 2023 – Lawyers File Amended Complaint With Schedule of Plaintiffs Residing in States with a 2-Year Statute of Limitations
A master complaint has now been submitted to the Court, with over 10,000 plaintiffs listed on the schedule. While we anticipate the lawsuit's number of plaintiffs will grow substantially over the next year, many of the 10,000 plaintiffs submitted in Schedule A will eventually fall off.
Many Suboxone lawyers had no choice but to file on behalf of plaintiffs to preserve their claims in anticipation of the statute of limitation expiring. However, these very Suboxone lawyers did not necessarily receive records proving proof of usage by the deadline. Thus, many plaintiffs filed without their lawyer having enough time to perform due diligence.
The irony is that in every mass tort, the defendant manufacturer complains that some of the claimants in a multidistrict litigation lawsuit have claims with little to no merit. Yet, in this case, Indivior rejected a stipulated tolling agreement. The benefit of a tolling agreement is that there would no longer be a deadline to file a lawsuit, regardless of what state one resides in. In this case, Indivior is creating the peril they will later complain of.
Keep in mind that you may not see a new lawsuit filed for quite some time, as lawyers no longer fear the expiration of a statute of limitations.
June 11, 2024 - Lawsuits Divided Into Two Categories Based on Diversity Jurisdiction
Based on a prior motion requesting the tolling (pausing) of certain plaintiffs' ability to file their lawsuits in the MDL or in state court, there are now two lists of Suboxone cases. The lists were formed due to the location of the defendants' business residences - Delaware, New Jersey, and Virginia.
The more extensive list includes lawsuits based in every state except New Jersey, Delaware, and Virginia. These claims have jurisdictional diversity, so they can be filed in federal court and consolidated into an MDL. The second list is for plaintiffs who reside in New Jersey, Delaware, and Virginia. These plaintiffs lack diversity since they are in the same state as the defendants. Typically, the second list of plaintiffs must file their lawsuits in state court, but the tolling agreement gives them time to decide where to file without losing their rights with time.
June 10, 2024 - Oral Arguments Heard on Dividing General Causation and Specific Causation Issues
On June 6th, Judge Calabrese held oral arguments, during which both sides argued about bifurcating or separating the causation issues involved in these cases. As explained in the May 30th update, Indivior asked Judge Calabrese to separate general and specific causation issues. Indivior wants discovery to take place in stages.
At LLN, we believe bifurcation is a terrible idea. It creates inefficiency and adds considerable time due to unnecessary procedural hurdles. Most MDL Judges have ruled against bifurcation in other cases, and we expect Judge Calabrese to do the same.
General Causation Versus Specific Causation
General causation is the simple premise that exposure to "x" causes "y." So, in these cases, plaintiffs must prove that Suboxone causes dental problems. Specific causation relates to the evidence needed to prove that Suboxone caused harm to each plaintiff.
In this case, based on substantial evidence that prolonged use of sublingual Suboxone strips leads to dental erosion and tooth loss, general causation appears blatantly apparent. Additionally, the FDA unilaterally changed the warning label on sublingual Suboxone back in 2022 due to the number of adverse event reports. The FDA has already found a causal link between the use of the sublingual form of Suboxone and poor dental outcomes.
The LLN team believes this is little more than a stall tactic used by Indivior to delay these claims and frustrate the plaintiffs. They hope the many victims of their negligent conduct will grow frustrated and give up. Further, Indivior understands the costs associated with Suboxone tooth decay litigation, and they know the longer these cases take, the more plaintiff law firms must pay to protect their client's rights. Indivior wants to deter other lawyers from pursuing these cases and limit the number of plaintiffs. The more plaintiffs, the greater the pressure is on the manufacturer to settle.
We hold firm that bifurcation should be denied. General and specific causation should run parallel tracks to encourage judicial economy and avoid wasting the Court's resources by handling protracted litigation that shouldn't have to face unnecessary procedural hurdles.
June 1, 2024 - New Infographic to Explain How Suboxone Causes Tooth Decay
May 30, 2024 - Plaintiffs Oppose Bifurcation in Growing Suboxone Tooth Decay MDL
As the number of Suboxone tooth decay lawsuits grows, plaintiffs' attorneys are urging the court to reject a proposal from the drug manufacturer, Indivior, Inc., and Reckitt Benckiser LLC. The proposal suggests splitting the litigation into two phases and limiting early discovery to the link between Suboxone and dental erosion, which plaintiffs argue would unnecessarily delay the claims.
Currently, about 500 product liability lawsuits are pending against the manufacturers, all alleging inadequate warnings about the tooth decay risks associated with Suboxone, a treatment for opioid addiction. The FDA added tooth decay warnings to Suboxone in June 2022 after over 300 cases of dental damage were reported. Plaintiffs believe that earlier warnings could have prevented severe dental issues and costly treatments.
With the two-year anniversary of the warning label change approaching, thousands more lawsuits are anticipated from individuals suffering from significant tooth loss and disfigurement due to Suboxone.
In response to the growing litigation, the U.S. Judicial Panel on Multidistrict Litigation (JPML) centralized the lawsuits in February 2024 under U.S. District Judge Philip Calabrese in the Northern District of Ohio for coordinated pretrial proceedings and early bellwether trials. Judge Calabrese is currently working on establishing a pretrial schedule and selecting representative claims for early trials to gauge jury responses to key evidence and testimony.
Indivior's proposal to bifurcate discovery involves selecting three to five lawsuits for a general causation phase, deferring other case-specific discovery. Plaintiffs argue that this approach would only delay justice and is based on the presumption that the defendants will prevail, which is unlikely given extensive scientific evidence linking Suboxone to tooth decay.
In an opposition brief filed on May 24, plaintiffs highlighted that phased discovery would unnecessarily prolong the MDL and waste resources. They pointed out that most MDL courts avoid bifurcation due to its inefficiency. Judge Calabrese has ordered Indivior to respond by May 31, with oral arguments on the phased discovery proposal set for June 6.
May 27, 2024 – Court Issues Case Management Order No. 5 and No. 6
Last week, the court issued two Case Management Orders pertaining to the handling of protected information and privileged materials. Here is a summary of each.
Case Management Order No. 5: Designation And Handling Of Protected Information
Case Management Order No. 5 addresses the handling of protected information. It defines and categorizes the types of protected information that will come up in the Suboxone MDL, including "Confidential Information," "Highly Confidential Information," and "Protected Data." It defines who can access different types of protected information and how these materials should be labeled and managed. It also includes steps for marking documents as confidential, handling mistakes, and protecting personal data, as well as what to do if there's a breach or if confidential info needs to be shared in court.
Case Management Order No. 6: Evidence Rule 502(D) And Privileged Materials
Case Management Order No. 6 addresses how privileged materials in the Suboxone Product Liability Litigation will be handled. It states that Rule 502(d) of the Federal Rules of Evidence is applicable to this case which ensures the maximum protection of privileged information.
Rule 502(d) of the Federal Rules of Evidence allows the Court to order that any protected information exchanged during a case doesn’t count as giving up its legally protected confidentiality. This rule enables the plaintiffs to share information with the defense without worrying about losing their legal protections, like attorney-client privilege. It applies to both federal and state cases, ensuring that mistakenly disclosed confidential information remains protected.
Both Orders No. 5 & 6 will remain in effect until modified or terminated by the Court.
May 20, 2024 – Judge Calabrese Finds Middle Ground on Tolling Agreement Struggle in Suboxone Tooth Decay Litigation
On May 13, Suboxone's defense team officially declared their refusal to accept a tolling agreement in the Suboxone tooth decay MDL. This agreement would have allowed lawyers for injured plaintiffs to file lawsuits after the statute of limitations had expired, as long as the injuries occurred before the SOL expired. In short, it would have allowed plaintiff attorneys to vet the cases rather than filing them and vetting them later.
Since a tolling agreement would save the Court time and money and maintain the integrity of the MDL, we thought the Court might step in, and so it did.
Judge Calabrese announced that the plaintiff steering committee must file a master MDL list of all individual plaintiffs by June 14 (the generally agreed-upon date the SOL expires in states with 2-year deadlines).
Defendants will then have until July 1, 2024, to file a motion for severance, which would remove the case from the MDL and allow them to amend their lawsuit in state courts while preserving the original filing dates before the statute of limitations expired. More details will be available at the next hearing.
May 13, 2024 – Suboxone's Lawyers Turn Reject Tolling Agreement in MDL
We finally have an explanation for why Suboxone's lawyers rejected the tolling agreement in the Suboxone MDL. Today, Suboxone's defense lawyers filed an opposition brief countering the plaintiffs' request for a tolling agreement.
The plaintiffs requested the tolling agreement to prevent personal injury lawyers from being forced to file cases without thoroughly vetting them just to beat the statute of limitations deadline.
The defendant's rejection acknowledged the situation the plaintiffs are in but made clear that their is nothing in it for them.
In the brief, Indivior's lawyers state, “Defendants would get no benefit other than purported proof of use of Suboxone film, untethered to causation and purported damages.”
The plaintiffs argued that a tolling agreement would be fair to Indivior’s consumers and would prevent Indivior from having to try cases across the country, given that every state has a different statute of limitations. Because of this, we initially thought Indivior would consent to the tolling agreement to avoid litigation across multiple jurisdictions and save themselves time and money. However, it's now clear that won't happen.
This decision will push many more cases toward state courts rather than the consolidated federal MDL, which defeats the whole point. It is possible that the Judge will intervene and make some sort of motion that satisfies the issue, though they cannot force the defendants into a full-fledged tolling agreement.
May 11, 2024 - Tolling Agreement Appears a Longshot
The plaintiff steering committee filed a brief with the Court, emphasizing the fairness and efficiency of tolling agreements, and requesting the defendant to respond to the complaints. In essence, plaintiffs argue that MDLs are designed to promote judicial efficiency, and tolling agreements enhance this by simplifying each lawsuit, ensuring equitable treatment for all parties involved.
Remember, a statute of limitations can only be suspended if both parties agree. A tolling agreement would extend or extinguish the statute of limitations, and plaintiffs would no longer be forced to file a lawsuit on every last case.
In turn, this takes pressure off the Clerk of Court and enables more substantive work to occur, as there will be less pressure on plaintiffs to file lawsuits. The goal is for factual and expert development to proceed. Forcing the plaintiffs to file every last lawsuit slows this process down considerably.
Recent MDLs such as 3M, Zantac, and CPAP set the precedent for using tolling agreements in MDLs. Presently, Indivior is facing plaintiffs to file their lawsuits. Thus, when a Suboxone lawyer is hired shortly before an expiring statute of limitations, the absence of a tolling agreement prevents the attorney from diligently investigating the merits of the plaintiff's claims.
Without the benefit of a tolling agreement, many of these lawsuits, which are often based solely on the client's statement of having taken sublingual Suboxone, would be filtered out by the lawyer if they were given sufficient time. The absence of a tolling agreement allows non-meritorious claims to congest the MDL, creating a situation that we expect Indivior to complain about later. This is a clear example of the very problem we are trying to address.
The plaintiffs, in an effort to streamline the MDL and reduce unnecessary costs, offered to submit proof of usage to defendants via pharmacy or medical records. However, on May 8, 2024, Indivior rejected the plaintiff's offer to enter into a tolling agreement. This unfortunate decision places a significant burden on the plaintiffs, leading to unnecessary costs and a waste of judicial resources.
Additionally, the plaintiffs requested that if we are forced to file each and every Suboxone lawsuit, defendants must be forced to answer all lawsuits. This is the only equitable remedy in a situation where the defendant is gambling, and the plaintiffs lack the time or resources to file every claim.
There are now 486 Suboxone lawsuits filed into the MDL consolidated in the U.S. District Court for the Northern District of Ohio before Judge Philip Calabrese. This MDL had grown quickly since the beginning of April when there were just under 40 lawsuits alleging tooth loss as a result of exposure to sublingual buprenorphine. We had previously predicted rapid growth of this MDL based on the upcoming deadline in June for individuals residing in states with a two-year statute of limitations.
May 1, 2024 - Discovery Order and Potential Tolling Agreement are the Focus
In the latest status conference hearing, Judge Calabrese entertained arguments from both sides as to the structure of discovery. In our last update, we first discussed Indivior's desire to focus on general causation. More specifically, plaintiffs bear the burden to prove that regular exposure to sublingual form of Suboxone can cause serious dental problems such as tooth loss or tooth extractions.
This is a thinly veiled attempt by Indivior to simply drag this lawsuit out and frustrate plaintiff's who may cease pursuing their potential claim having experienced worsening dental health since using sublingual Suboxone.
We believe general causation is extremely strong in the lawsuit. This is evidenced by the FDA unilaterally forcing Indivior to change their warning label on sublingual buprenorphine back in June of 2022. However, Indivior is seeking ton extend this lawsuit by a year or two to frustrate more lawyers from getting invested in this lawsuit.
Another issue that is beginning to receive attention is a potential tolling agreement. This would suspend the statute of limitations for a defined period of time. This allows plaintiffs to further investigate their cases without feeling the need to file a lawsuit to preserve the rights of their client. Indivior's defense counsel would be less overwhelmed having to respond to every last lawsuit. We shall see how this one plays out.
April 26, 2024 - Indivior Trying to Slow MDL With Focus on General Liability
Indivior, the manufacturer of Suboxone, has asked the MDL judge to focus only on the general issue of whether the drug can be linked to dental concerns before the court considers whether any specific plaintiff can establish a link between their Suboxone use and their unique dental problems. The LLN team believes this is an attempt to delay the litigation and wear down the plaintiffs over time, so they eventually give up and accept a lower settlement to resolve their claims.
Indivior relies on prior Multidistrict Litigation situations where the court required initial proof that the drug in question could harm a user. The big difference between those MDLs and the Suboxone lawsuits is that Indivior has already placed a warning about tooth decay on Suboxone without a fight.
Adding a warning about tooth decay to the Suboxone label supports general causation in these cases, and shows Suboxone's link to dental injuries. The warning should be considered an acknowledgment by Indivior and the FDA that there's a scientific link between Suboxone use and dental problems.
Adding a warning to a label clearly implies that there have been enough user reports or scientific findings about these problems to warn users about dental injuries. So, there's no reason to waste time arguing about general causation and ignoring each plaintiff's specific causation except to drag out the litigation and further harm the injured claimants. Instead, the court should consider both causation issues at the same time to keep the MDL moving toward trial or settlement.
Twelve new Suboxone lawsuits were filed into the MDL over the past week. Over thirty lawsuits have been filed for the month of April with a few days to go.
April 21, 2024 - Judge Calabrese Contemplates Motion Schedule and Case Logistics
The second status conference occurred in the Northern District of Ohio. Here are a few highlights from the latest hearing:
- Judge Calabrese set a filing deadline for a joint submission on general causation for April 23rd. Any further submissions are due by May 24th, and responses to those submissions are due by May 31st. To resolve the general causation issues, a hearing is scheduled for June 6.
- The next status conference is scheduled for May 14th.
- The parties are to submit a joint briefing schedule by May 7th.
- On May 14th, the court will discuss a potential tolling agreement for Suboxone lawsuits, which would pause the statute of limitations for specific states.
We believe proving general causation will not be difficult for the plaintiffs in this Suboxone MDL.
Multiple studies illustrate a causal relationship between using the ingredients in Suboxone (sublingual buprenorphine) and a wide array of dental injuries and worsening dental health. Further, the FDA required Indivior to change its warning label for Suboxone film in June of 2022 due to the amount of adverse reports filed by users.
Specific causation will be a much greater obstacle, as plaintiffs must establish that each Suboxone user's individual exposure is causally related to their injuries. Suboxone lawyers will likely establish this in the specific cases chosen as potential bellwether trials.
April 5, 2024 - 86 Suboxone Lawsuits Have Been Filed Into MDL
As we mentioned below, some States have two-year statutes of limitations (SOL) that will expire in less than two months. The FDA forced Indivior to change its warning label in June of 2022, so we are beginning to see a rush by plaintiff law firms to file their Suboxone tooth decay lawsuits for clients residing in a State with a two-year SOL.
We have tightened our criteria at Lawsuit Legal News to ensure only strong Suboxone cases are filed into the MDL. We are only signing claims wherein the individual has lost three or more teeth following exposure to Suboxone sublingual strips.
At this point, the typical Suboxone lawsuit filed into the MDL is from states with a two-year statute of limitations.
April 1, 2024 - 44 Lawsuits Pending After Only 6 Weeks of Multidistrict Litigation (MDL)
This MDL was only created in February. In the first six weeks, 44 plaintiffs have filed cases alleging Suboxone caused severe dental problems. According to an agreed-upon court order, new lawsuits may now be filed directly into the MDL in the Northern District of Ohio rather than being transferred from federal courts of different states.
New complaints must include certain information, including the location where the case would have been filed if there was no MDL. The defendants also agreed to waive formal service requirements, which will move these cases along more quickly.
March 30, 2024 - We Have Changed our Case Qualification Criteria
The Lawsuit Legal News team made an internal decision to require three or more extractions (equivalent to losing three teeth, either from a procedure or from them falling out) as a result of using sublingual Suboxone strips. Our goal is in line with the overarching goal of only filing strong cases into the MDL.
If you are seeking to file a lawsuit, our attorneys can walk you through the specific statute of limitations in your State.
March 22, 2024 - Judge Calabrese Issues Case Management Order #3 in the Suboxone Tooth Decay MDL
CMO #3 allows for cases to be directly filed into the Suboxone MDL. Direct filing is meant to avoid unnecessary delays associated with transferring each case and for judicial efficiency. Plaintiffs alleging dental injuries as a result of using sublingual Suboxone may file their lawsuit in the Northern District of Ohio as a member case.
We believe cases will inevitably be narrowed to complete tooth loss. Most of our existing client base has at least one tooth extraction or tooth loss that came out on its own after prolonged exposure to Suboxone sublingual strips. The plaintiffs' steering committee is wary of filing lawsuits into the MDL with minimal injuries. Indivior's defense counsel can target a weak case as a potential bellwether case that would not benefit most plaintiffs.
As mentioned below, the statute of limitations will expire this June in states with a two-year deadline on product liability claims. As of April 1, 2024, we will no longer accept claims from individuals residing in states with a two-year statute of limitations. Keep in mind that Indivior changed the warning label on sublingual Suboxone back in June of 2022. As a result, we expect a flurry of Suboxone lawsuits to be filed in the MDL over the next sixty days.
Additionally, we expect advertising for Suboxone tooth decay claims to take off following the most significant mass tort conference in the country in Las Vegas in the first week of April. Mass Torts Made Perfect is attended by both lawyers and vendors. Many of these vendors will be pushing Suboxone tooth decay advertising campaigns as this is considered a safe project, considering the strong science and the market cap of Reckitt Benckiser (parent company of Indivior).
March 10, 2024 - Leadership Appointed in Suboxone MDL During First Status Conference
The initial status conference was held this Thursday (03/07/2024) before the honorable Judge Philip Calabrese in the United States District Court for the Southern District of Ohio. Both Matthew Dolman and Stanley Gipe were present at the status conference. Stanley Gipe of Dolman Law Group was named one of the eighteen members of the Plaintiff's Steering Committee appointed by Judge Calabrese.
We anticipate many lawsuits will be filed by June 1, 2024. The FDA changed the warning label for Suboxone sublingual film in late June of 2022. The new Suboxone warning label in 2022 referenced individuals using sublingual medications containing buprenorphine who have reported a myriad of serious dental injuries, including severe dental decay, oral infections, tooth loss, cavities, and other dental injuries.
Several states have a 2-year statute of limitations on product liability/failure to warn claims. Many law firms are no longer taking on Suboxone tooth decay clients who reside in such states. However, we believe the MDL will expand rapidly with the sudden influx of lawsuits over the next eighty days. We will continue to update the public on the rapidly evolving Suboxone litigation.
As of June 2024, 305 cases of dental problems were reported to the FDA from individuals who used sublingual buprenorphine. A number of these individuals suffered tooth decay within an average time of two years following long-term exposure to sublingual Suboxone film.
It is also worth noting eight lawsuits were filed in the past week.
March 5, 2024 - A new Suboxone Lawsuit Illustrates the Damage Caused by Sublingual Film
A new lawsuit filed by an Ohio man illustrates the harm caused by prescription Suboxone film. A gentleman who used the sublingual form of Suboxone for sixteen consecutive months went from having excellent dental hygiene to losing eight teeth along with a host of other dental injuries. A physician prescribed Suboxone film to treat opioid addiction. Extensive tooth loss indicates this is not just another Suboxone tooth decay lawsuit. We have struggled with the term "tooth decay lawsuit," as the vast majority of our Suboxone clients to date have lost multiple teeth at a minimum.
Aside from issues with dental hygiene, many of our clients have lost vocational prospects as it is challenging to attain employment with missing teeth. Unfortunately, we are often judged by our appearances. Many of our clients have lost employment or face limited job prospects due to tooth loss. It is important to note that the vast majority of our clients have suffered severe dental injuries as opposed to a few cavities.
March 1, 2024 - Two New Suboxone Lawsuits Join the MDL
A Kentucky man filed a Suboxone lawsuit after suffering extensive dental problems related to using Suboxone since 2011. In his lawsuit, the man claims he was never warned about the potential harm he might experience until the end of 2023. Now, after extensive dental procedures, physical pain, and emotional suffering, he is facing permanent dental damage related to his use of Suboxone. He was prescribed Suboxone film to treat opioid use disorder.
Also, a man from Ohio filed a lawsuit alleging his doctor prescribed Suboxone, and despite taking the medication as prescribed, the plaintiff suffered extensive tooth damage and other dental injuries. He also claims there was no warning about potential dental issues or the serious risk of decay and erosion that he experienced. He is seeking compensation for permanent dental damage and the medical expenses related to multiple procedures to treat the harm caused by Suboxone.
One of the most important factors in these Suboxone tooth decay lawsuits may be whether the prescribing doctors had information about the potential risks associated with the sublingual version of buprenorphine. If your doctor can testify they did not know about possible Suboxone risks, you will have a stronger case.
Six new Suboxone lawsuits were filed in the past week as litigation continues to pick up now that an MDL has been established.
February 21, 2024 - Has the Statute of Limitations Run?
[UPDATE! As of July 7, 2024, we now assume that Indivior failed to provide any legitimate warning to users of Suboxone film or the physicians prescribing such. It is our contention that the warning contained many pages into the insert is hardly a warning. An insert is the weakest form of a warning, unlike an actual black box warning found on a table for medication. Further, Indivior never provided a "Dear Doctor" letter placing medical professionals who routinely prescribe Suboxone on notice of the adverse effects of sublingual buprenorphine-naloxone exposure. WE ARE NOW TAKING CASES IN ALL 50 STATES.]
Many prospective clients have inquired about how the statute of limitations in their state will affect their right to bring a Lawsuit. The information is confusing and conflicting for people considering these cases. Many states have a two-year statute of limitations on product liability lawsuits based on a "failure to warn" theory.
Since Indivior, the maker of Suboxone, was forced to add tooth decay to its warning label in January 2022, the statute of limitations ran out in January 2024 for states with 2-year filing limits.
However, we are still taking Suboxone tooth decay claims in states that have a statute of limitations of three, four, and five years.
States that we are still accepting and potentially filing Suboxone tooth decay lawsuits include:
- Florida
- Arkansas
- Maine
- Maryland
- Michigan
- Minnesota
- Massachusetts
- Missouri
- Montana
- New Hampshire
- New York
- New Mexico
- North Carolina
- North Dakota
- Rhode Island
- South Carolina
- South Dakota
- Vermont
- Washington
- Wyoming
- Wisconsin
If you experienced serious dental issues (tooth loss, tooth fractures, tooth extractions, severe tooth decay, oral infections, or tooth erosion) while using Suboxone sublingual films and you reside in one of the above states, call us immediately. You may be entitled to compensation for the extensive dental treatments required to restore your oral health, and we can help you file a lawsuit to preserve your rights and seek damages.
Indivior is simply a bad actor who rushed the sublingual form of the drug to market when the patent on the pill form was set to expire. They simply did not want to face competition from generic Suboxone tablets. Ironically, Suboxone tablets did not cause long-term dental issues. Indivior created the very peril they now complain of.
February 17, 2024 - Judge Calabrese Sets Hearing for March 7, 2024
The initial status conference in the Suboxone tooth decay MDL has been set by Judge Calabrese for March 7, 2024, in Cleveland, Ohio. This hearing aims to determine legal leadership for both plaintiffs and defendants. Then Judge Calabrese will likely establish a discovery calendar to streamline this lawsuit.
Attorneys who are interested in a leadership position are required to attend in person. Further, applications for leadership must be submitted to the Court by March 1, 2024.
Our Suboxone lawyers believe this will be a fast-moving mass tort due to the strength of the science establishing a link between sublingual buprenorphine and tooth decay along with a wide array of other dental injuries. We are representing many clients who have suffered severe tooth decay. In fact, due to so many adverse event reports received by the FDA, it unilaterally changed the warning label for Suboxone sublingual films.
We project that the plaintiffs will get past Daubert hearing requirements (a Daubert hearing is where the Court determines the admissibility of expert testimony along with the methodology behind their scientific findings and conclusions.)
While it is unlikely we will see a Suboxone settlement in 2024, this lawsuit could conceivably be resolved within the next two to three years at most. Thus, it will move more quickly than other mass tort lawsuits.
February 7, 2024 – Suboxone Lawsuit is Beginning to Take Off
In the past week, we have begun seeing heavy internet advertising for Suboxone lawsuits; especially on Facebook and Instagram. The Suboxone tooth decay lawsuit will be one of the most popular mass torts in 2024 as more folks become aware of the adverse impact sublingual buprenorphine has on their dental health.
February 6, 2024 – While MDL Gets Going, a Suboxone Settlement is not in the Near Future
The Suboxone lawsuits share a similar legal theory of liability. Injured plaintiffs allege prescription Suboxone film causes tooth erosion and decay because it has an acidic ingredient that differs from the prior tablet form of this medication.
In addition, plaintiffs claim the maker of Suboxone knew about this potential problem yet failed to warn patients using the drug. After these lawsuits began, Suboxone added a warning about potential dental issues.
Since the plaintiffs will need to provide a solid scientific basis to support these claims, the team at Lawsuit Legal News does not expect any settlement discussions or payments in the coming months while both sides sort out the related medical research. We anticipate Suboxone tooth decay litigation will take a few years to play out.
In the meantime, filing deadlines are approaching or may have expired by now. To learn more about your specific right to join this MDL, reach out to the LLN team today.
February 2, 2024 – Suboxone Lawsuit Now Officially an MDL
Officially, the Federal Suboxone lawsuits have been consolidated into a Multi-District Litigation (MDL), which brings separate lawsuits from around the nation into one court. This helps organize and streamline discovery processes and motion hearings to ensure consistent court rulings while each case maintains a separate legal claim.
There was no need for oral arguments during the JPML hearing since both sides agreed to the MDL beforehand. Judge Phillip Calabrese will preside over the litigation in the Northern District of Ohio. Thus, all federal Suboxone lawsuits have been consolidated before Judge Calabrese in the Northern District of Ohio.
January 27, 2024 – JPML Committee Meets to Discuss Consolidating The Lawsuits, Helping Speed Up Cases and Potential Compensation for Clients
The Joint Panel on Multidistrict Litigation met today in Santa Barbara, California, to discuss consolidation of all Suboxone lawsuits filed in Federal Courts throughout the United States, known as an MDL.
We are projecting that all lawsuits concerning physician-prescribed Suboxone film will be consolidated into a single case in the Northern District of Ohio. This consolidation will move things along more quickly and could help clients receive compensation sooner. We expect an order from the JPML within the next week or two at most.
It is worth noting that both Reckitt-Benckiser and Indivior have previously filed responsive motions with the JPML and agree with consolidating the Suboxone lawsuit. Thus, this seems like a predictable outcome.
January 17, 2024 – Suboxone Lawsuit Statute of Limitations
Some states are starting to reach their statute of limitations for product liability cases or defective drug cases. Since Indivior added a warning to the Suboxone films in January 2022, exactly 2 years ago, potential plaintiffs in a state with a 2-year statute of limitations will soon (or may already) not be able to file a lawsuit. Read our updated section on the Statute of Limitations for the Suboxone Lawsuit.
At this point the Suboxone class action lawsuit has not evolved into multidistrict litigation. However, the JPML will be meeting in the next ten days to discuss consolidating all federal lawsuits within the Suboxone class action lawsuit into multidistrict litigation before a single judge in a single jurisdiction.
January 16, 2024 – Pennsylvania Plaintiff Says Indivior Did Not Warn Her Doctors About Risk of Extensive Tooth Decay
On January 12th, another product liability lawsuit was filed against the manufacturers of the buprenorphine-naloxone medication Suboxone. The plaintiff is Lindsay Haddad, a woman who had used Suboxone to treat her opioid addiction.
In her personal injury lawsuit filed with the U.S. District Court Western District of Pennslyvania, she describes the extensive tooth decay and dental issues she experienced as a result of using the defective drug.
Haddad's provider prescribed her the sublingual film version of Suboxone in 2013, the same year it was made available. At that time, Suboxone was not labeled with any warnings concerning potential tooth decay.
Haddad argues that Indivior should be liable for her damages based on the flawed design of sublingual Suboxone, but also because the manufacturer failed to warn her or her providers that using Suboxone could cause irreparable damage to her teeth. Her Suboxone tooth decay lawsuit also alleges that the company failed to rigorously test the sublingual film form of the drug and used a defective design.
We expect the Suboxone class action lawsuit to continue to pick up momentum over the coming month.
January 13, 2024 – New Suboxone Cases Keep Coming as More People Learn About the Possible Cause of Their Tooth Decay and the Lawsuit
While plaintiffs await the U.S. Judicial Panel on Multidistrict Litigation (JPML) hearing scheduled for January 25th to determine if their Suboxone lawsuits and claims will be consolidated, more and more people who have been prescribed Suboxone are continuing to find out that their dental problems might be linked to their medication.
This has caused a rise in product liability lawsuits against the manufacturer of the Buprenorphine medication Suboxone.
January 12, 2024 – New Suboxone Lawsuit Sheds Light on Acidity of Sublingual Buprenorphine Naloxone Exposure
A new lawsuit filed by a New York resident this week shows the problems associated with long-term Suboxone use. Suboxone was prescribed to this individual to treat opioid addiction. In turn, the acidity of Suboxone caused significant tooth decay, resulting in the extraction of multiple teeth. Unfortunately, neither the plaintiff nor his physician knew the significant risks of Suboxone use.
The FDA's Adverse Event Reporting System (FAERS) already shows a disproportionately high rate of dental disorder claims associated with buprenorphine medications. We believe that physicians prescribing Suboxone film would be aware that the cure to opioid use disorder may be worse than the problem itself.
January 2, 2024 – New Suboxone Lawsuit Filed Targeting Pain Pills for Dental Side Effects
Another person has brought a claim against Suboxone—this time a woman in Ohio—who claims that taking Suboxone to treat her opioid addiction caused her severe dental injuries. In the lawsuit filed on her behalf, she claims that the manufacturer of Suboxone was aware of this dangerous side effect but chose not to include any warning about possible tooth decay on the drug's warning label or in the drug's medication pamphlet given to patients. Additionally, the lawsuit claims that the Ohio woman's physician was also not aware of the dangers of Suboxone when it comes to tooth decay and other dental problems.
In the lawsuit, the plaintiff explains that her addiction started when she was prescribed opioid pain medicine by a doctor. And, like so many who have suffered directly or indirectly from America's opioid crisis, she became addicted. As she was seeking help for her substance dependence issue, she was prescribed Suboxone.
Now, having conquered her addiction and the tribulations that go along with it, the plaintiff claims she had to undergo extensive dental work to repair the damage caused by Indivior's negligence and is seeking compensation for her present and future medical bills along with pain and suffering.
December 26, 2023 – JPML Sets Hearing to Determine Fate
The Judicial Panel on Multidistrict Litigation (JPML) will be hearing arguments from plaintiffs and defense counsel on creating multidistrict litigation for Suboxone on January 25, 2024, in Santa Barbara, California. We project that all federal lawsuits that comprise the Suboxone class action lawsuit will be consolidated in the Northern District of Ohio.
This would be a very favorable jurisdiction for bringing legal actions alleging dental damage caused by Suboxone. The purpose of consolidation is to streamline discovery and pretrial proceedings.
November 30, 2023 – Petition Filed With JPML on Suboxone Films
A petition has been filed with the Judicial Panel on Multidistrict Litigation (JPML) by a group of lawyers acting on behalf of plaintiffs to consolidate all lawsuits filed in Federal Court into multidistrict litigation (MDL). As of today, most Suboxone lawsuits have been filed in the United States District Court for the Northern District of Ohio, which is the odds-on favorite to be selected as the jurisdiction for the forthcoming lawsuits.
November 20, 2023 - Anticipating a Suboxone Class Action Lawsuit
We anticipate the Suboxone class action lawsuit will inevitably become an MDL (multidistrict litigation) soon. Once enough lawsuits have been filed in Federal Courts nationwide, the plaintiffs will petition the JPML (Judicial Panel on Multidistrict Litigation) to consolidate all lawsuits before one Judge in one (Federal Court) jurisdiction.
There is a lot of potential for Suboxone tooth decay lawsuits to move forward. The manufacturer simply rushed the sublingual film version to market, fearing competition from generic tablets. To combat this, they quickly developed a film version, marketed it as "better," and got the word out to doctors as soon as possible.
Unfortunately, this decision has seemingly led to a large number of adverse event reports of serious dental issues and dental injuries, so many that it has become alarming. They all begin with the destruction of tooth enamel due to the acidity of sublingual Suboxone strips.
Our law firm began investigating Suboxone teeth lawsuits back in August of 2023. We were among the first law firms to investigate claims related to dental injuries from Suboxone sublingual exposure.
November 12, 2023 – Suboxone Tooth Decay Lawsuits Have Common Issues
We are seeing a growing number of plaintiffs filing lawsuits in Federal Court alleging a wide array of dental injuries caused by the acidic Suboxone sublingual films used to wean individuals off of opiates. The acidic films destroy the protective outer layer of one's tooth enamel. Many of the Suboxone product liability lawsuits list oral infections, degradation of tooth enamel, tooth extractions, diminution of oral health, and other serious dental problems related to using this product. However, cavities and tooth loss appear to be the most common complaints with this chronic pain medication.
November 1, 2023 – Suboxone Lawsuit is Taking off
Fourteen new Suboxone lawsuits were filed against Indivior in federal courts over the past ten (10) days. We believe that this mass tort will explode over the coming months. Indivior's patent on the tablet form of Suboxone was set to expire, which would allow for generic competition. Thus, the sublingual form was rushed to market, leading to a host of Suboxone side effects and terrible dental outcomes.
The crisis and effects of opioids led to this prescription medication exploding in popularity, which makes for a potentially large plaintiff base. We believe a Suboxone settlement is nowhere near the horizon as this lawsuit is just kicking off.
October 30, 2023 – Suboxone Manufacturer Facing Exposure
The pharmaceutical giant Indivior—who has been sued for monopoly violations, lying to the government, and so many more—got hit with another legal challenge recently for an illegal kickback scheme and false marketing claims. Indivior says they did nothing wrong and are fighting the potential class action lawsuit in court. However, with so many individuals experiencing dental problems while taking Suboxone, along with the scientific evidence, it's possible they could be found liable for negligence. Further, Indivior will deal with antitrust litigation relating to how their product has been marketed. Thus, Indivior will be fighting a multi-pronged legal battle in the future on multiple fronts.
September 28, 2023 – First Suboxone Lawsuit Alleging Tooth Decay Filed
David Sorensen has filed a Suboxone lawsuit in the Northern District of Ohio, naming Indivior Inc. as the defendant. The lawsuit alleges the sublingual film form of Suboxone led to permanent tooth decay, and he incurred significant expenses in treating multiple medical providers for dental care.
The Suboxone lawsuit is the beginning of a litigation storm. Plaintiff lawyers will argue that Indivior was fearful their patent on Suboxone tablets was about to expire. In turn, the defendant manufacturer introduced the sublingual film version, which some will say was rushed to market. Indivior Inc. did everything to avoid dealing with generic versions of their medication designed to treat drug addicts during the opioid crisis.
June 01, 2022 - FDA Updates Warning Label for Prescription Suboxone Film
The FDA has unilaterally changed the warning label on sublingual buprenorphine. The gold standard medication used to treat opioid addiction now has a warning label that warns of adverse dental events such as; severe tooth decay, dental infection or abscesses, tooth erosion, oral infections, partial and total tooth loss.
The leading opioid addiction medication was previously the subject of a drug safety communication issued by the FDA in early January 2022
January 12, 2022 - FDA Provides Warning of Severe Dental Injuries Associated With Sublingual Buprenorphine
The FDA issued a drug safety communication wherein they warned the public about dental injuries related to the use of sublingual Suboxone. The Federal Drug Administration lists severe dental health issues such as tooth decay, oral infections, significant amounts of cavities, and loss of teeth. The adverse event reports of severe dental injuries, even in individuals with no history of oral health issues, are alarming.
Keep in mind that this drug safety communication states that the benefits provided by Suboxone outweigh the harm. However, we believe this is only part of the story as Indivior has a history of being a bad actor. It is our belief that the risk of dental injuries such as severe tooth decay was significantly increased by the introduction of the sublingual version of Suboxone.
We believe the sublingual version was rushed to market by Indivior to avoid generic competition, as the patent on the tablet form of the opioid addiction medication was about to expire. This argument will be at the heart of the forthcoming Suboxone tooth decay litigation.
Furthermore, we anticipate Indivior's defense lawyers will argue that the benefits provided by Suboxone (best in class for opioid addiction treatment) far outweigh the potential nasty side effects. In turn, the volume of adverse event reports documented by the FDA, taken in conjunction with the growing class of plaintiffs alleging significant dental injuries, demonstrates the danger of this product.
We strongly believe Indivior has victimized opioid addicts by introducing a medication that is incredibly harmful to one's oral health based on the acidity of the sublingual film version of Suboxone.
What is Suboxone?
Suboxone is a medication—often prescribed in a film rather than a tablet, like the picture above—that aids individuals struggling with opioid addiction by making it easier for them to stop using the harmful drugs.
It works similarly to other opiates but in a way that doesn't make you feel "high." This can reduce cravings and withdrawal symptoms, making it easier to recover from opioid dependence or addiction. attaching to the same parts of the brain that opioids stick to attaching to the same parts of the brain that opioids stick to
Suboxone is generally considered the best in class for opioid addiction treatment. Some individuals might get side effects from Suboxone, like nausea, headaches, and constipation. But if you notice anything concerning dental health, especially tooth decay, you should talk to a doctor.
Suboxone Tooth Decay Lawsuits
Suboxone tooth decay lawsuits involve claims against the manufacturers of Suboxone. Plaintiffs allege that the drug causes severe tooth decay and dental problems, which the manufacturer, Indivor, did not adequately disclose. The lawsuits argue that users experienced significant dental issues, such as complete tooth loss, because of the medication. These cases highlight the need for more explicit warnings and better information about the potential side effects of drugs. It also asks, "What should be done when companies know about dangers but choose not to share them over profits?"
Why are People Filing Lawsuits
Dental health problems linked to Suboxone have become a problem for those prescribed the medication. Many have reported some severe dental issues, including:
Severe Tooth Decay
This is one of the biggest issues, resulting in numerous cavities and damaging teeth, often resulting in emotional distress. The majority of cases we have seen so far are potential tooth decay lawsuits.
Tooth Erosion
Suboxone use might erode tooth enamel, making teeth more vulnerable to decay and sensitivity. As a result, patients can develop the following dental problems:
- Cavities
- Dental caries
- Dental crowns or crown replacement
- Tooth loss
Dry Mouth
Some people on Suboxone experience dry mouth as a side effect, leading to less saliva production. Saliva helps protect teeth from decay, so less of it can mean more dental problems. Saliva also protects against dental caries (the breakdown of the tooth).
Gum Problems
Suboxone might also cause gum issues, like inflammation, which can significantly impact dental health, and periodontal disease, which also has a serious impact on dental health.
Tooth Fractures/Broken Teeth
We are seeing numerous complaints of fractured teeth and cracked teeth supposedly caused by Suboxone film strips.
Infections
Many of the aforementioned dental problems also come with the risk of leading to infection. Mouth and dental infections are painful and costly and can potentially spread. Depending on the person, infections can also present severe risks if they are immunocompromised or elderly. Tooth infections can also spread to other parts of your head and cause infections, abscesses, blood infections, and even heart and kidney damage.
Tooth Loss
Tooth loss due to decay or infection occurs when a tooth or multiple teeth become severely damaged by decay or advanced dental infections. As the decay or infection spreads, it weakens the tooth structure and surrounding tissues, eventually leading to tooth loss. This type of tooth loss can cause severe pain, problems eating and chewing, and a plethora of other issues. Prompt treatment, including fillings, root canals, or extractions, can prevent such outcomes.
Fixing these dental problems can be painful and expensive. That's why you should reach out to a skilled defective drug lawyer like Dolman Law Group.
How to Qualify for a Suboxone Lawsuit
- You must have used prescribed Suboxone sublingual strips for at least six months.
- You must have suffered a dental injury or severe dental health problems after starting Suboxone (including any of the following injuries: advanced tooth decay, tooth loss, tooth fracture, substantial cavities, gum disease, and gum injuries).
- You must have undergone routine dental care before using Suboxone so you have a record of your prior dental health.
Allegations Against Indivior for Suboxone Tooth Decay
The lawsuits claim that Indivior didn't warn people enough about the risk that a user may suffer severe tooth decay linked to the opioid addiction treatment drug Suboxone. They also say that Indivior knew or should've known about the risk but didn't do enough to prevent it. Our Suboxone lawyers believe we will learn more over the coming months about how much Indivior knew about the risks of sublingual Suboxone film exposure years ago.
Evidence for Suboxone Causing Tooth Damage
The connection between prescription medication Suboxone use and tooth decay is based on reports and scientific observations. But we need more research to be sure. Here's what's been pointed out (potential side effects):
Evidence for Suboxone Causing Tooth Damage
The connection between the prescription medication Suboxone and tooth decay is based on reports and scientific observations. Although more research is needed to establish a definitive link, several potential side effects have been identified. Here’s a detailed look at the evidence:
Patient Reports
- Widespread Anecdotal Evidence: Numerous individuals taking Suboxone (gold standard medication for treating opioid use disorder and curbing withdrawal symptoms) have reported significant dental issues, including tooth degradation, discoloration, and loss. These patient reports have been a primary driver in raising awareness and prompting further investigation into the dental side effects of Suboxone.
- Forums and Support Groups: Online forums and support groups for people recovering from opioid addiction often discuss dental problems associated with Suboxone use, indicating a pattern among users that warrants scientific scrutiny.
Dry Mouth Side Effect
- Saliva Production Reduction: Suboxone is administered sublingually (under the tongue), which can significantly reduce saliva production. Saliva is crucial for maintaining oral health as it helps neutralize acids produced by bacteria, wash away food particles, and provide disease-fighting substances.
- Consequences of Dry Mouth: The reduction in saliva leads to a condition known as xerostomia, which can increase the risk of tooth decay, gum disease, and oral infections. Patients often experience a higher incidence of cavities and other dental issues when their mouth remains dry for extended periods.
How Does Saliva Protect Your Teeth?
Saliva plays a crucial role in maintaining oral health and protecting teeth. It contains enzymes and proteins that help neutralize acids produced by bacteria, which can cause tooth decay. Saliva also washes away food particles and debris, reducing the risk of cavities.
It also provides essential minerals, such as calcium and phosphate, which help remineralize and strengthen tooth enamel. Saliva's lubricating properties facilitate easier swallowing and chewing, forming a protective coating on teeth, further shielding them from harmful substances. Overall, saliva is essential for preserving dental health and preventing oral diseases.
Acidic Nature
- pH Levels of Suboxone Strips: Suboxone strips have an acidic pH, typically around 3.5 to 4.5. This acidity can directly contribute to tooth enamel erosion, the protective outer layer of teeth.
- Enamel Erosion: Continuous exposure to acidic substances can weaken enamel, making teeth more susceptible to decay and sensitivity. Without diligent dental hygiene practices, the acidic nature of Suboxone can exacerbate these issues.
Medical Studies
- Preliminary Research Findings: Initial studies have suggested a correlation between the use of opioid medications like Suboxone and dental problems. These studies indicate that opioid use can impact oral health negatively, but more comprehensive research is necessary to confirm these findings and understand the mechanisms involved.
- Need for Further Research: Current research is limited and often anecdotal. Comprehensive, long-term studies are required to establish the connection between Suboxone and dental health issues, considering various factors such as dosage, duration of use, and individual patient differences.
While significant anecdotal evidence and some preliminary research suggest a link between Suboxone use and tooth damage, more rigorous scientific studies remain necessary. Suboxone patients should be aware of these potential side effects and take proactive measures to maintain oral health, including regular dental check-ups and proper dental hygiene practices.
Possible Punitive Damages
We believe Indivior knew just how acidic the sublingual strips of Suboxone are and how they can destroy a user's tooth enamel. Numerous adverse event reports have been received, including severe tooth decay, broken teeth, cracked teeth, and gum infections, among other issues related to the use of the Suboxone sublingual form.
Indivior's failure to warn consumers of such issues has resulted in the need for extensive dental treatment for many of the clients we represent. Thus, we believe punitive damages are warranted above and beyond compensatory damages in a Suboxone dental lawsuit.
Studies Connecting Suboxone to Tooth Decay
A few studies have looked into the connection between Suboxone and tooth decay. Some credible sources suggest that Suboxone might increase the risk of dental problems:
- One study in 2016 found that people taking Suboxone were more likely to get tooth decay than those who didn't.
- Another study found that Suboxone users had more cavities and tooth erosion than others.
- A 2022 study found that Suboxone users had a higher risk of dental issues compared to those taking other meds for opioid use disorder, especially if they had dental problems before starting Suboxone. There was a large increase in the risk for adverse dental outcomes.
Injuries a Suboxone Case
- Tooth Enamel Loss
- Cavities
- Cracked Teeth
- Tooth Decay
- Infections
- Tooth Loss and Extraction
- Total Tooth Loss
FDA's Response to Suboxone Tooth Decay
In 2022, the FDA warned about the risk of dental problems linked to buprenorphine (Suboxone). Some people had severe oral issues like tooth decay, cavities, infections, and tooth loss, even if they'd never had dental problems before and maintained good dental hygiene.
According to the FDA, increasing medical research and reports are connecting the dissolvable sublingual film with dental problems. So, the FDA told manufacturers to include warnings about these dental risks in the prescribing information and the patient medication guide.
We believe the drug maker Indivior, Inc. failed to include adequate warnings the sublingual film version of this prescription drug could cause serious dental health issues.
Statute of Limitations for the Suboxone Dental Decay Lawsuit
July 7, 2024 update - We are now taking cases in every last state and will argue that the warning in the insert for Suboxone film is hardly a warning. Further, Indivior has never provided a "Dear Doctor" letter to physicians to prescribe Suboxone film, which would have placed such medical professionals on notice of the potential dental injuries related to the medication.
The statute of limitations in mass tort cases is one of those things that is always a concern. For example, lots of people took the medication years ago and are just now finding out about all the damage it caused. Or, maybe five years ago, they suffered severe dental problems, but they didn't know it was because of Suboxone films.
When it comes to the statute of limitations for the Suboxone Tooth Decay Lawsuit, it depends on the state you live in and the specific circumstances of your cases.
To be more clear, it depends on the window of opportunity established by the statute of limitations for defective drug cases or product liability cases in your state. And whether or not your specific circumstances will allow a lawyer to still file a lawsuit on your behalf even if the deadline may have passed. For example, if your dental injuries just started showing, a lawyer may be able to work with you.
It should be noted that in a lot of states, the statute of limitations is starting to run out since Indivior added a warning to Suboxone film in January 2022.
Calling the LLN Suboxone Lawyers is the quickest way to find out, but there is a breakdown of each state and its statute of limitations pertaining to defective drugs or product liability. Those states in bold have reached or are very near to the end of their statute of limitations. Please refer to this list if you are considering filing a Suboxone lawsuit.
- Alabama Statute of Limitations for Defective Drug Case: 2 Years
- Alaska Statute of Limitations for Defective Drug Case: 2 Years
- Arizona Statute of Limitations for Defective Drug Case: 2 Years
- Arkansas Statute of Limitations for Defective Drug Case: 3 Years
- California Statute of Limitations for Defective Drug Case: 2 Years
- Colorado Statute of Limitations for Defective Drug Case: 2 Years
- Connecticut Statute of Limitations for Defective Drug Case: 2 Years
- Washington D.C. Statute of Limitations for Product Liability: 3 Years
- Florida Statute of Limitations for Product Liability: 4 Years
- Delaware Statute of Limitations for Product Liability: 2 Years
- Georgia Statute of Limitations for Defective Drug Case: 2 Years
- Hawaii Statute of Limitations for Product Liability: 2 Years with discovery rule
- Idaho Statute of Limitations for Product Liability: 2 Years
- Illinois Statute of Limitations for Product Liability: 2 Years
- Indiana Statute of Limitations for Product Liability: 2 Years
- Iowa Statute of Limitations for Product Liability: 2 Years
- Kansas Statute of Limitations for Product Liability: 2 Years
- Kentucky Statute of Limitations for Product Liability: 1 Year with discovery rule
- Louisiana Statute of Limitations for Product Liability: 1 Year
- Maine Statute of Limitations for Product Liability: 6 Years
- Maryland Statute of Limitations for Product Liability: 3 Years
- Massachusetts Statute of Limitations for Product Liability: 3 Years
- Michigan Statute of Limitations for Product Liability: 3 Years
- Minnesota Statute of Limitations for Defective Drug Case: 6 Years
- Mississippi Statute of Limitations for Product Liability: 2 Years
- Missouri Statute of Limitations for Product Liability: 5 Years
- Montana Statute of Limitations for Product Liability: 3 Years
- Nebraska Statute of Limitations for Product Liability: 2 Years
- Nevada Statute of Limitations for Product Liability: 2 Years
- New Hampshire Statute of Limitations for Product Liability: 3 Years
- New Jersey Statute of Limitations for Product Liability: 2 Years
- New Mexico Statute of Limitations for Product Liability: 3 Years
- New York Statute of Limitations for Product Liability: 3 Years
- North Carolina Statute of Limitations for Product Liability: 6 Years
- North Dakota Statute of Limitations for Product Liability: 10 Years
- Ohio Statute of Limitations for Product Liability: 2 Years
- Oklahoma Statute of Limitations for Product Liability: 2 Years
- Oregon Statute of Limitations for Product Liability: 2 Years
- Pennsylvania Statute of Limitations for Product Liability: 2 Years
- Rhode Island Statute of Limitations for Product Liability: 3 Years
- South Carolina Statute of Limitations for Product Liability: 3 Years
- South Dakota Statute of Limitations for Product Liability: 3 Years
- Tennessee Statute of Limitations for Product Liability: 1 Year with discovery rule
- Texas Statute of Limitations for Product Liability: 2 Years
- Utah Statute of Limitations for Product Liability: 2 Years
- Vermont Statute of Limitations for Product Liability: 3 Years
- Virginia Statute of Limitations for Product Liability: 2 Years
- Washington Statute of Limitations for Product Liability: 3 Years
- West Virginia Statute of Limitations for Product Liability: 2 Years
- Wisconsin Statute of Limitations for Product Liability: 3 Years
- Wyoming Statute of Limitations for Product Liability: 4 Years
Compensation for Suboxone-Related Tooth Decay
People who've had severe tooth decay or other mouth problems because of Suboxone might be able to get some compensation. The amount depends on the extent of the dental damage and the details of the case.
Compensation for tooth problems related to Suboxone film use could include:
- Medical Bills
- Dental Bills
- Pain and Suffering
- Lost Wages
- Future Medical Costs
- Emotional distress
- Punitive damages
Read more: How much can I get in a Suboxone settlement?
Indivior's Questionable Past as a Bad Actor
Indivior agreed to a $385 million settlement in October to resolve a series of lawsuits that accused them of illegally attempting to maintain its monopoly over Suboxone, a medication used to treat opioid addiction.
In June, Indivior agreed to pay a settlement of $102.5 million to dozens of U.S. states for the monetary damage they incurred through state-based healthcare programs. And, in August, they also agreed to pay $30 million to settle a similar class action lawsuit by health insurance companies.
These lawsuits show that Indivior is no stranger to serious accusations.
More to the point, this lawsuit and others like it filed against Indivior also bolster claims that Suboxone strips did not have a warning about tooth decay because the product was rushed to market to presumably help maintain the monopoly addressed in this lawsuit.
The lawsuits allege that Indivior attempted to extend its monopoly by changing Suboxone from a tablet form to a sublingual film version to deter generic competition by convincing doctors and patients that new—and still Indivior-owned—films were more effective and convenient for users, making them a better choice of the tablets.
This was never proven to be the case, but today, the sublingual film version of Suboxone completely dominates the market, even now that both tablet and film patents are up. Their marketing worked: strips have dominated tablets in Suboxone treatment.
Indivior settled without admitting any wrongdoing and concluded nearly ten years of constant litigation.
That is, until it was discovered that they failed to warn patients that Suboxone can cause possible tooth decay—whether or not it was caused by rushing to maintain their monopoly.
Talk To a Suboxone Lawyer Today
Lawsuit Legal News is ready to help you get the compensation you need for your dental problem caused by Suboxone. Our associated law firm, Dolman Law Group, has fought back against some of the biggest drug companies in the world, like 3M, Chemguard, Chevron, Tyco, Dupont, Tylenol and Ozempic, and is ready to take on Indivior.
If you suffer from or have suffered severe tooth decay, tooth loss, fractured teeth, root canal, or persistent cavities after using the sublingual form of Suboxone film; we would like to speak with you.
Our Suboxone lawyers remain ready, willing, and able to assist you with the handling of your claim and the inevitable filing of a lawsuit against Indivior. Dealing with opioid dependence is a significant ordeal by itself. Having to tackle an opioid use disorder and withdrawal symptoms while dealing with poor dental health is quite a burden.
We have built a national reputation for litigating against every major pharmaceutical company that has injured patients taking their drugs. The lawyers affiliated with Lawsuit Legal News have taken on drug manufacturers nationwide.
Our Suboxone tooth decay lawyers offer a free consultation and case evaluation to anyone suffering from tooth loss, severe tooth decay, tooth erosion, gum disease, and other dental injuries or tooth issues following long-term use of Suboxone. Contact us for a free consultation if you believe you have a potential lawsuit.
We are handling Suboxone tooth decay cases nationwide. Contact us immediately at (833) 552-7274.
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