Suboxone is a prescription medication used to treat opioid addiction. It contains buprenorphine and naloxone and is typically administered as a sublingual film. While Suboxone can be effective in managing opioid dependence, recent studies have linked its long-term use to severe dental problems, including tooth decay, cavities, and tooth loss.
Suboxone lawsuits allege that Indivior, the manufacturer of Suboxone, failed to adequately warn patients and healthcare providers about the potential dental risks associated with the medication. It is claimed that the company knew or should have known about the link between Suboxone use and severe tooth decay but did not provide sufficient warnings on the product labeling or in marketing materials. These lawsuits further assert that Indivior prioritized profits over patient safety by downplaying the risk of dental complications.
By filing a Suboxone lawsuit, you may be eligible to seek compensation for dental expenses, pain and suffering, and other damages resulting from severe tooth decay or dental problems related to Suboxone use. These legal actions aim to hold Indivior accountable for potentially failing to warn users about significant side effects and to ensure that pharmaceutical companies provide complete and accurate information about their products’ risks. Additionally, this litigation seeks to secure proper compensation for affected users and to push for clearer warnings and guidelines for long-term Suboxone use.
Approximately 678 lawsuits alleging dental injuries from Suboxone are consolidated in the Northern District of Ohio under MDL No. 3092. The court is advancing towards bellwether trials, which will serve as test cases to guide potential settlements. A status conference is scheduled for November 21, 2024, to discuss the production of adverse event reports and other pre-trial matters.
While no settlements have been publicly announced, legal experts anticipate that the severity of dental injuries will significantly influence potential compensation amounts. Cases involving extensive damage, such as tooth loss or severe decay, may result in higher settlements. We will continue to watch out for any important changes as the month continues.
On October 4, 2024, a multi-day status conference commenced, uniting plaintiffs, defendants, and the presiding MDL judge to finalize protocols for the upcoming discovery phase and early bellwether trials.
This conference addressed critical procedural matters, including the census protocol and census form, which plaintiffs are required to complete with personal information about their Suboxone use and subsequent dental injuries. Subsequently, on October 15, 2024, the court held an in-person status conference to discuss the progression of the MDL. Key topics included the timeline for defendants to produce information about adverse dental events associated with Suboxone use, with an agreement to share this data electronically before the next conference. The court scheduled the subsequent status conference for November 21, 2024, at 9 a.m.
In parallel, on October 21, 2024, both plaintiffs and defendants submitted legal arguments concerning a Motion to Dismiss filed by the defendants. The defendants contended that certain plaintiffs are precluded from suing because the Suboxone warning label had received FDA approval during the period of their usage. Conversely, the plaintiffs argued that FDA approval of the label should not bar their claims, asserting that Suboxone caused them harm. The court is expected to render a decision on this matter in the forthcoming months
The Suboxone lawsuits, which address claims of severe dental injuries like tooth decay linked to Suboxone sublingual films, have seen several important developments. There are currently 674 consolidated cases in a federal court under a multidistrict litigation (MDL). This relatively stable number is attributed to ongoing negotiations for a tolling agreement, which would extend the filing deadlines for new claims into 2025, thus slowing the pace of new lawsuits being filed. Judge Calabrese has denied Indivior’s request to separate discovery into general and case-specific phases, a move aimed at preventing delays and reducing costs.
The central claims in these lawsuits focus on Indivior’s failure to provide adequate warnings about the dental risks associated with Suboxone film. Despite changing the label in June 2022 to include a warning about potential dental issues, plaintiffs argue that the warning was insufficient and poorly communicated. A significant study published in the Journal of the American Medical Association in December 2022 has become pivotal, demonstrating a higher rate of dental injuries among users of sublingual buprenorphine compared to other formulations. This evidence supports plaintiffs’ assertions that Indivior was aware of the risks and should have updated its labels sooner.
Indivior has also filed motions to dismiss certain claims based on federal preemption, arguing that the FDA-approved design and warnings for Suboxone should protect them from liability. However, plaintiffs contend that new evidence and adverse event data should have prompted updated warnings to both consumers and healthcare providers. The court’s decision on these motions, along with the finalization of the tolling agreement, will significantly impact the direction and outcome of these cases.
As of August, there have been several significant updates in the ongoing Suboxone lawsuits, which primarily concern severe dental issues such as tooth decay caused using Suboxone sublingual strips. Here’s a detailed overview of the latest developments. Indivior, the manufacturer of Suboxone, filed a motion for partial dismissal of the lawsuits, arguing that federal law preempts the claims against the drug’s design and labeling. Indivior contends that because the FDA approved the design and warnings of Suboxone, they cannot be held liable for the resulting dental issues. However, this motion is not expected to be granted by the court.
There has been a slight decrease in the number of active cases in the Suboxone multidistrict litigation (MDL), dropping from 677 to 673. This reduction is likely due to a pending tolling agreement, which would extend the filing deadlines for new plaintiffs until 2025. A joint status report filed in early August indicates that both parties are close to finalizing this agreement. The court has ordered Indivior to provide key documents from their previous antitrust and patent litigation cases by mid-August 2024. This document exchange is expected to shed light on Indivior’s marketing strategies and their decision to switch from Suboxone tablets to the more problematic sublingual strips.
The plaintiffs continue to challenge Indivior’s attempts to delay the litigation by focusing solely on general causation—whether Suboxone causes dental issues—before considering the specifics of individual cases. The court has so far sided with the plaintiffs, allowing both general and specific causation to be addressed simultaneously, which could expedite the litigation process.
These updates reflect the ongoing complexity and strategic maneuvering in the Suboxone litigation. The next key dates will likely revolve around the finalization of the tolling agreement and the court’s ruling on the motion for partial dismissal. As the cases progress, more details on potential settlements and trial dates are expected to emerge. We will let you know of any sudden changes that may occur with your case. As always, if you have any questions, please reach out to us.
Data from July 2024 indicates a significant increase in Suboxone film lawsuits filed in the early part of the month. Compared to the limited number of cases in June, filings surpassed 300. This initial surge suggests growing awareness among patients who may be connecting their dental problems to Suboxone film use.
However, the pace of new filings appears to have plateaued as July progressed. While some additional lawsuits are being filed, the overall progress within the Suboxone litigation has slowed. This may indicate a period of case consolidation or pre-trial motions before further developments emerge.
Around mid-July, a dispute emerged between the plaintiffs and defendants over the proposed Electronic Discovery (ESI) Order, focusing on how electronic documents should be managed and produced during the discovery process. Plaintiffs’ lawyers advocate for a streamlined and efficient process, arguing that defendants are complicating matters unnecessarily and imposing undue burdens. They claim defendants fail to provide specific reasons for the infeasibility of certain document requests and are attempting to shift the burden of proof onto the plaintiffs.
Conversely, defendants contend that the plaintiffs’ requests are excessively demanding, and some document productions are technically unfeasible. They insist on evaluating each document request individually, which the plaintiffs argue would lead to unnecessary delays. Such disputes are common in mass tort multidistrict litigation (MDL) cases like Suboxone.
In June 2024, there have been significant developments in the ongoing Suboxone lawsuits. A notable increase in the number of cases has been observed, with 319 new lawsuits filed, bringing the total to 677 cases related to Suboxone-induced tooth decay. This surge highlights the growing number of individuals coming forward with claims against the manufacturers.
Key legal proceedings included the establishment of a Leadership Development Committee (LDC) to mentor attorneys for future multidistrict litigation (MDL) roles. This committee was formed as part of Case Management Order No. 7.
Additionally, the court ruled against the defendants’ proposal to split the discovery process into two phases. This decision was seen as a victory for the plaintiffs, who argued that separating general causation from individual discovery would delay the litigation and hinder the resolution of individual cases.
While cases have been growing, if you or a loved one are dealing with medical issues caused by Suboxone, be sure to reach out to legal assistance and work on your case. The lawsuit is ongoing, and you don’t want to miss out on receiving the compensation you deserve.
Our focus is on making sure that that you receive the attention you need and a clear path forward, all without any upfront costs. Our no-cost, no-obligation consultation outlines the steps we will take to fight for the justice and compensation you deserve.
DV Injury provides more than strong legal representation. We give you the support and reassurance you need during a challenging time in your life. Our goal is to ensure you’re not fighting the big corporations by yourself. We fight for you, and we don’t stop until justice is served.
You deserve the maximum amount for your distress and we do our level best to make sure you are properly compensated for pain and suffering, lost wages, medical expenses, and more. We’ve helped our clients recover hundreds of millions.
Contact us today for a free initial consultation.
We do not get paid unless you win.
Call or fill out the form below. We’ll contact you to schedule your free consulation.
