Suboxone Lawsuit
Suboxone lawsuits claim that this drug approved to treat opioid disorder can cause serious dental problems such as tooth decay, oral infections, cavities and tooth loss. Lawsuits claim manufacturer Indivior failed to properly warn about the risks and plaintiffs are seeking compensation.
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- Last Modified: July 19, 2024
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- Defendants
- Indivior, Reckitt Benckiser
- Injuries in Lawsuits
- Cavities, tooth loss, tooth fractures, tooth decay, tongue injuries, gum injuries
- Status
- Active. Initial stages, no jury trials or settlements yet.
- Number of Cases
- 677 pending cases in multidistrict litigation
Latest Suboxone Tooth Decay Lawsuit Updates
As of July 2024, there were 677 Suboxone tooth decay lawsuits pending in multidistrict litigation (MDL) within the Northern District of Ohio.
So far, there have not been any court-approved settlements announced publicly for Suboxone cases related to dental problems, nor have any trials been scheduled. There is a separate pending antitrust MDL related to Suboxone.
Timeline of Suboxone Lawsuits
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June 2024
Judge Calabrese issued an order establishing a procedure to put together a Plaintiffs’ Leadership Development Committee to help less experienced attorneys work with and learn from more experienced lawyers on the Plaintiffs’ Leadership Committee.
According to court documents we’ve read, lawyers were discussing the discovery process and matters related to the statute of limitations tolling agreement. A tolling agreement is an agreement to suspend a statute of limitations (SOL), the time limit to file a claim and protect a person’s ability to file a claim. In this litigation, tight SOLs could bar some people from filing a case within the time limit allowed by their state, especially since it could take a while to get medical records from dentists.
Luckily, we’ve heard good news from our partners on the tolling agreement. In a recent order, the judge allowed plaintiffs’ attorneys to file one complaint with an attachment that lists plaintiffs who face a two-year statute of limitations. In the words of our partners, this could grow the litigation by several thousand cases overnight.
Judge Calabrese also denied the defendant's request to restrict early discovery in the litigation. They wanted to prioritize discovery into the link between Suboxone and tooth decay. The judge ruled that this would limit scientific evidence and that it would do little to advance the MDL. According to the judge, it would likely "interfere with the search for the truth of general causation." Next, we hope the judge will set some bellwether test trial dates. -
May 2024
Plaintiffs' attorneys submitted proposed deadlines for motions filed by defendants related to preemption of claims and liability depending on when a plaintiff took Suboxone film, according to our research of court documents. Deadlines for responses extend through December 2024.
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February 2024
The U.S. Judicial Panel on Multidistrict Litigation issued an order to consolidate 15 Suboxone tooth decay claims into an MDL in the Northern District of Ohio. Finally, we have an MDL, and this may help streamline litigation. Our legal partners estimated that there could be hundreds or thousands of people in the litigation.
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January 2024
The U.S. Judicial Panel on Multidistrict Litigation scheduled a hearing on Jan. 25, 2024, to consider consolidating 15 lawsuits related to Suboxone tooth decay claims.
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December 2023
The U.S. Judicial Panel on Multidistrict Litigation announced it will consider consolidating 15 Suboxone lawsuits into MDL-3092 during its January 2024 hearing.
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November 2023
Plaintiffs' lawyers urged the U.S. Judicial Panel on Multidistrict Litigation to centralize all federal Suboxone lawsuits into multidistrict litigation. Meanwhile, 14 new Suboxone tooth decay lawsuits were filed against Indivior in federal courts, with the Northern District of Ohio hosting the highest number of pending cases.
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October 2023
Indivior agreed to pay $385 million to settle Suboxone lawsuits drug wholesalers filed.
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September 2023
David Sorensen filed a Suboxone tooth decay lawsuit against Indivior, Reckitt Benckiser and other defendants after he used the drug and developed permanent damage to his teeth and required substantial dental work.
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August 2023
Indivior reached a Suboxone settlement for $30 million with health care plans that had brought a federal antitrust lawsuit against the company.
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April 2023
The Federal Trade Commission announced it had paid about $369,000 to consumers who joined Suboxone class-action lawsuits but missed the original deadline.
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January 2022
The FDA publicly announced the agency received reports that medicines containing buprenorphine that dissolve in the mouth, such as Suboxone, can cause dental problems. Adding a new warning to the drug’s prescribing information and patient medication guide was required.
“As warned by the FDA on Jan. 12, 2022, serious dental issues are being reported following use of the sublingual Suboxone delivery system, a strip that contains buprenorphine and dissolves in the mouth. This Suboxone film looks and dissolves much like breath freshening strips you would buy at a gas station or a grocery store,” mass torts and product liability attorney Trent B. Miracle told Drugwatch.
Why Are People Filing Suboxone Lawsuits?
People are filing Suboxone tooth decay lawsuits because they developed serious dental problems after using Suboxone Sublingual Film, a brand-name medication used to treat opiate addiction that contains the active ingredients buprenorphine and naloxone. Lawsuits claim Indivior knew or should have known the risks but failed to warn medical providers and consumers.
“Unfortunately, the delivery system has a very high acidic content. And when you use it — which is typically three times a day — you’ve got to keep it in your mouth for about 10 minutes each time to get the full benefit of the dosage. Studies are reflecting that that amount of acidic content that many times a day is resulting in tooth breakage, tooth loss, tooth decay and all sorts of serious dental issues. And that’s the underlying reason for the lawsuits,” Miracle told us.
“I was known for my smile, and now I’m having these dental issues [after I used Suboxone]. It went from having a few cavities to my whole mouth is cavities. I lost six teeth, so far.”
We’ve heard from countless people who have shared emotional stories about how dental problems after Suboxone use have affected them. These people have worked hard to fight opioid addiction and get their lives back only to suffer from the loss of their teeth and self-esteem. Many have had to pay tens of thousands of dollars in dental bills. And worse yet, others can’t afford to fix their teeth.
“I was known for my smile, and now I’m having these dental issues [after I used Suboxone]. It went from having a few cavities to my whole mouth is cavities. I lost six teeth, so far,” one Suboxone user, D.S., told us. “It’s so embarrassing. It takes away from my general happiness, my comfort and my self-esteem. I don’t go out anymore with my friends. If I’m not working, I’m home.”
Do I Qualify To File a Suboxone Lawsuit?
If you have had dental problems following the use of prescription Suboxone film, you may qualify to file a Suboxone tooth decay lawsuit.
Only a licensed Suboxone lawyer can tell you if you qualify to join a Suboxone lawsuit. However, our partners have given us information on qualifying that we can provide.
“People should contact a lawyer if they have noticed any serious dental issues following the use of Suboxone sublingual strips. These dental problems range from cavities to tooth decay to broken or lost teeth,” Miracle told Drugwatch.
- Have been prescribed Suboxone film for opioid addiction or pain management
- Used prescription Suboxone for at least six months before suffering injuries
- Have had routine dental care before Suboxone usage
- Have never used methamphetamine
Injuries accepted in lawsuits include cavities, at least two teeth lost, tooth fractures, tooth decay, tongue injuries and gum injuries.
| Arkansas | Missouri | New York | Vermont |
| Connecticut | Montana | North Carolina | Virginia |
| Florida | Nebraska | North Dakota | Washington |
| Maryland | New Hampshire | Rhode Island | Washington, D.C. |
| Massachusetts | Maine | South Carolina | Wisconsin |
| Mississippi | New Mexico | South Dakota | Wyoming |
From what we understand, depending on how long it has been since your diagnosis, you may not qualify even if your state is listed in the table above. Our legal partners or another Suboxone lawyer can tell you for sure.
Contact a law firm right away to avoid losing your right to file a claim. According to our legal partners, the statutes of limitations are very tight in this litigation. If your diagnosis was more than 10 years ago, you must be able to get your own dental records.
How a Lawyer Can Help With Your Suboxone Lawsuit
A lawyer can help you gather the correct evidence of tooth decay or other injuries for your Suboxone case. Your attorney will also file your lawsuit and then negotiate a Suboxone settlement or prepare your case for jury trial.
“As with any case, people should carefully research who they hire to represent them,” Miracle said. “In complex cases such as this, it is especially important to retain counsel with resources and years of experience litigating against multinational pharmaceutical companies.”
Like with most product liability injury claims, lawyers offer free case evaluations for Suboxone teeth lawsuits. Law firms don’t collect their fees unless they recover a settlement or jury verdict on your behalf.
Mass torts and product liability attorney Trent B. Miracle, leader of the mass torts division at award-winning law firm Flint Cooper, answered three important questions about what you should know if you are thinking of filing a Suboxone lawsuit.
- What is the most important thing to know about Suboxone lawsuits?
Time is of the essence if you think you have a claim.
- How does the statute of limitations in certain states affect Suboxone claims?
The statute of limitations likely runs in June 2024 for states with a two-year SOL. But the judge’s recent order will allow us to file a complaint with an attached exhibit listing anyone up against the two-year SOL who chooses to be included.
- What evidence should people have to properly support their Suboxone case?
To be able to evaluate a potential claim, we need to evaluate your pharmaceutical and dental records.
Deceptive Marketing Claims and Suboxone Settlements
Prior to people filing Suboxone lawsuits for dental problems, Indivior and Reckitt Benckiser faced an antitrust Suboxone class-action lawsuit that claimed limited competition caused consumers to overpay for the drug. In 2019 and 2020, the FTC reached settlements totaling $60 million.
Consumers received the first payments in May 2021 and the remaining class members received payments in April 2023.
FTC sent about 51,875 class-action settlement payments to consumers. These people allegedly overpaid for Suboxone because of a “deceptive scheme by Reckitt Benckiser Group and Indivior, Inc. to thwart lower-proved generic competition with the branded drug Suboxone.”
Deceptive Marketing Settlement
In deceptive marketing claims unrelated to the tooth damage lawsuits, Indivior pleaded guilty to felony charges associated with Suboxone’s deceptive marketing and agreed to pay $600 million to resolve criminal and civil liability in July 2019. Allegedly, the company deceived doctors and health plans, claiming Suboxone was safer and less susceptible to abuse than similar drugs.
Indivior “admitted to an aspect of the scheme alleged in the indictment. Specifically, Indivior Solutions admitted that, in October 2012, it sought to convince MassHealth to expand Medicaid coverage of Suboxone Film in Massachusetts and sent MassHealth false data indicating that Suboxone Film had the lowest rate of accidental pediatric exposure (i.e., children taking medication by accident) of all buprenorphine drugs in Massachusetts, when in fact, it did not,” according to a press release from the U.S. Department of Justice.
The DOJ also reached a $1.4 billion resolution with Reckitt Benckiser, Indivior’s former parent company. Then in October 2019, Reckitt Benckiser reached a $700 million settlement deal with six states for improper marketing.
In October 2023, Indivior settled an antitrust case for $385 million. The settlement resolved claims from direct purchasers of the drug claiming the drug maker illegally tried to monopolize opioid addiction treatment.
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