Have you been struggling to overcome opioid addiction? Did one of your doctors go ahead and settle on prescribing Suboxone as part of your treatment plan? If so, you may be entitled to compensation.
Suboxone was supposed to be a miracle drug that helped curb cravings and ease withdrawal symptoms. Turns out, the drug manufacturer knew it was highly addictive but marketed it as a safe treatment option anyway. Many people who took Suboxone as prescribed ended up with a new addiction and a host of serious dental issues.
If you’re one of them, contact Rosenfeld Injury Lawyers to discuss your legal options. You don’t have to go through this alone, and you certainly don’t deserve to suffer because of the greed and negligence of big pharma.
Read on for the details on the lawsuit against Suboxone and all the ways we can help!
What Is the Suboxone Lawsuit About?
The Suboxone tooth decay lawsuit claims this drug, approved to treat opioid addiction, can cause serious dental injuries such as tooth decay, oral infections, cavities, and tooth loss. Plaintiffs argue drug manufacturers Indivior failed to properly warn about the risks. Now, they’re seeking compensation for the costs of dental repairs and treatment.
Since the beginning of 2023, there have been significant developments in the legal battles concerning Suboxone. Specifically, numerous Suboxone product liability lawsuits have been filed alleging that Suboxone causes tooth decay.
This Suboxone tooth decay litigation took a pivotal turn in January 2024, when the Judicial Panel on Multidistrict Litigation (MDL) decided to consolidate these cases into a Multidistrict Litigation.
This consolidation into a class action multidistrict litigation means that Judge J. Philip Calabrese in the Northern District of Ohio will now oversee all federal Suboxone lawsuits.
The centralization of these Suboxone tooth decay lawsuits into multidistrict litigation is intended to streamline the pretrial proceedings by combining discoveries, hearings, and other legal processes.
During the multidistrict litigation discovery phase in the Northern District of Ohio, which will continue whenever a new Suboxone lawsuit is added, evidence will be gathered and shared among the involved parties.
Following this phase, a select group of cases, known as bellwether test trials, will likely be conducted. These trials serve as a gauge for how future trials might unfold and are a strategic approach toward facilitating a potential global Suboxone settlement.
The outcomes of these bellwether trials are critical, as they will likely influence the resolution of hundreds or even thousands of similar tooth decay Suboxone lawsuits brought against the makers of the drug.
Suboxone Lawsuit Status Updates
Below are the latest updates on tooth decay Suboxone lawsuits.
- As of May 1, 2024, the Northern District of Ohio MDL reports a total of 205 pending lawsuits related to severe tooth decay.
- In January 2024, the Judicial Panel on Multidistrict Litigation decided to consolidate these cases into a Multidistrict Litigation.
- As of October 2023, cases are still in their early stages. Lawyers are investigating accusations and accepting clients for a new Suboxone lawsuit. No Suboxone settlement or trials have happened yet for tooth damage or dental injuries like severe tooth decay from Suboxone use.
- In September 2023, there was a Suboxone lawsuit filed by David Sorensen against Indivior and its parent company, Reckitt Benckiser, saying Suboxone caused permanent tooth damage needing major dental work.
- In August 2023, Indivior agreed to pay a $30 million Suboxone settlement with health insurance companies over antitrust claims.
- In April 2023, the Federal Trade Commission paid some consumers who missed the original deadline to join the Suboxone class action lawsuit.
- In January 2022, the FDA announced that Suboxone and similar drugs can cause dental injuries like severe tooth decay. They now have stronger warnings.
- In May 2021, the Federal Trade Commission reached a $60 million settlement with the parent company Reckitt Benckiser Group and Indivior, Inc. over deceptive marketing. Nearly 52,000 people received payments. The companies allegedly schemed to block cheaper generic alternatives from the market, thus consumers were allegedly overcharged.
These types of cases can take years, so updates may be infrequent, but more news should come as severe dental decay Suboxone lawsuits proceed or if a resolution is reached. For now, the best way to stay in the loop is by checking with a lawyer handling Suboxone cases.
How to File a Suboxone Tooth Decay Lawsuit
If you’ve been prescribed Suboxone for opioid addiction or chronic pain and have suffered extensive dental treatments and injuries as a result, you may be entitled to compensation. To qualify for a Suboxone tooth decay lawsuit, there are a few criteria you’ll need to meet.
Suboxone Tooth Decay Lawsuit Criteria
To qualify for the Suboxone tooth decay lawsuit, individuals must meet specific criteria related to their use of Suboxone sublingual Strips, their medical history, and the nature of their dental injuries. Below is a breakdown of these criteria:
Suboxone Usage Criteria
- Usage Period: Must have taken the Suboxone sublingual strips between 2011 and January 2022.
- Duration of Use: The strips must have been used for a minimum of 6 months.
Dental and Medical History Criteria
- Prior Dental Records: Must have had dental records established before the usage of Suboxone strips.
- Post-Injury Dental Consultation: Must have consulted a dentist after discovering the dental injury.
Drug Usage and Legal History Criteria
- No Illicit Drug Usage: Participants must not have used illicit drugs, with the exception being heroin.
- Legal History: Participants should never have been incarcerated for drug-related issues.
Dental Injury Criteria
- Specific Injuries: Must have suffered severe tooth decay that led to tooth loss OR have undergone tooth extractions resulting from the use of Suboxone.
If you believe you meet the above criteria and have suffered severe dental injuries due to Suboxone use, we strongly encourage you to take action.
Evidence Needed to Support Suboxone Tooth Decay Lawsuits
To establish strong Suboxone tooth decay lawsuits, certain pieces of evidence are crucial. These help in substantiating the Suboxone tooth decay claims of dental injuries due to the use of Suboxone. Below, we detail the critical evidence you will need to gather for your prescription Suboxone film lawsuit.
Personal Identification Information
- Date of Birth (DOB) and Social Security Number (SSN): These are fundamental for verifying your identity and ensuring that your medical records are accurately matched to your Suboxone tooth decay lawsuit.
Medical Prescription Records
- Name of Doctor and Opioid Use Disorder Treatment Facility: Documentation or prescription records showing the name of the doctor who prescribed Suboxone (typically while undergoing opioid use disorder treatment), along with the name and address of the treatment facility, are essential. These records serve as proof that the Suboxone was legally prescribed and for what duration.
- Name and City of the Pharmacy: The pharmacy details where the Suboxone was dispensed are necessary to trace the acquisition of the medication directly to you, confirming that you were in possession of the drug as prescribed.
Evidence of Dental Damage
- Photographs of Dental Injury: Clear and dated pictures of your teeth before and after taking Suboxone can provide strong visual evidence of the damage. Before pictures will help in establishing a baseline of your dental health prior to the use of Suboxone, while after pictures will illustrate the extent of dental decay or injury attributed to the drug use.
Together, these pieces of evidence play a crucial role in building cohesive and convincing Suboxone tooth decay lawsuits. They not only demonstrate the use of the drug as prescribed but also directly link it to the dental injuries suffered.
Statute of Limitations on Suboxone Lawsuits
The statute of limitations (SOL) for Suboxone lawsuits varies significantly across different states. This time frame determines how long patients who have suffered adverse effects such as infections, severe tooth decay, or tooth loss due to Suboxone have to file lawsuits.
Understanding the nuances of these laws, including the discovery rule, is crucial for potential plaintiffs.
Discovery Rule and Its Impact
The discovery rule is a legal principle that may extend the statute of limitations period for Suboxone lawsuits. It allows the SOL clock to start ticking not at the time the injury occurred, but when the plaintiff discovered (or reasonably should have discovered) the injury was caused by Suboxone prescribed for opioid addiction treatment.
This rule is particularly relevant for Suboxone cases, where the connection between the drug’s use and dental health issues might not be immediately apparent.
States with Extended SOLs & Where We Are Accepting Cases
For individuals in states with a statute of limitations of three years or more, there is a window of opportunity to take legal action if you have experienced negative side effects from Suboxone. It’s essential to act quickly as these time limitations vary and can impact your ability to seek compensation through Suboxone lawsuits.
- Arkansas Statute of Limitations for Defective Drug Case: 3 years from the date the product caused an injury or death to file a Suboxone lawsuit.
- Washington D.C. Statute of Limitations for Product Liability: 3 years to file a claim for injuries related to product liability in the district.
- Florida Statute of Limitations for Product Liability: 4 years. However, it’s important to note that Florida’s statute of limitations for negligence cases was reduced to two years in 2023, potentially affecting when a Suboxone lawsuit can be filed.
- Illinois Statute of Limitations for Product Liability: 2 years, but with a discovery rule.
- Maine Statute of Limitations for Product Liability: 6 years. In Maine, the discovery rule does not apply, and the clock starts ticking irrespective of the claimant’s knowledge of the harm.
- Maryland Statute of Limitations for Product Liability: 3 years that generally starts from the injury date or when the injury was or should have been discovered.
- Massachusetts Statute of Limitations for Product Liability: 3 years. The discovery rule in Massachusetts allows for a Suboxone lawsuit within a reasonable timeframe after injury discovery, with some exceptions.
- Michigan Statute of Limitations for Product Liability: 3 years. In Michigan, there’s no discovery rule, and the cause of action accrues when the wrongdoing occurs.
- Minnesota Statute of Limitations for Defective Drug Case: 6 years, providing a relatively longer period for claimants in defective drug cases compared to many other states.
- Missouri Statute of Limitations for Product Liability: 5 years from discovering the injury to file a Suboxone lawsuit.
- Montana Statute of Limitations for Product Liability: 3 years from the date of discovery, or 3 years after the injury occurs, whichever is later.
- New Hampshire Statute of Limitations for Product Liability: 3 years after the injury is reasonably discovered to file a Suboxone lawsuit.
- New Mexico Statute of Limitations for Product Liability: 3 years from when the injury should have reasonably been known to file a Suboxone lawsuit.
- New York Statute of Limitations for Product Liability: 3 years from the date of injury or the date of injury discovery, whichever is later.
- North Carolina Statute of Limitations for Product Liability: 6 years from the date of injury or when the injury should have been discovered.
- North Dakota Statute of Limitations for Product Liability: 10 years from the date of the injury or the date it should have been discovered to file a Suboxone lawsuit, marking the longest statute of limitations for product liability claims, providing an extensive timeframe for potential claimants.
- Rhode Island Statute of Limitations for Product Liability: 3 years from the date the injury was discovered or should reasonably have been discovered to file a Suboxone lawsuit.
- South Carolina Statute of Limitations for Product Liability: 3 years, beginning when a party knows or should know, through the exercise of due diligence, about the injury.
- South Dakota Statute of Limitations for Product Liability: 3 years from when you first discover your injuries or when you reasonably should have discovered them to file a Suboxone lawsuit.
- Vermont Statute of Limitations for Product Liability: 3 years from the date of the injury or 2 years from discovery to file a Suboxone lawsuit.
- Washington Statute of Limitations for Product Liability: 3 years from the date of discovery, or when the plaintiff should have discovered, that a product injured them to file a Suboxone lawsuit.
- Wisconsin Statute of Limitations for Product Liability: 3 years from when the injury is or should have been discovered to file a Suboxone lawsuit.
- Wyoming Statute of Limitations for Product Liability: 4 years from the date of injury or discovery to file a Suboxone lawsuit.
Statute of Repose for Filing a Suboxone Lawsuit
In addition to the statute of limitations, it’s crucial to understand the concept of a statute of repose, which can impact the ability to file a product liability lawsuit.
Unlike the statute of limitations, which typically starts when the harm from a defective product is discovered, a statute of repose sets an absolute deadline for when a Suboxone lawsuit can be filed, irrespective of when the injury was discovered.
This means that in some jurisdictions, a claim might be barred if it’s brought after the statute of repose period has expired, even if the statute of limitations has not run because of the discovery rule.
This legal framework underscores the complexity of product liability cases and highlights the importance of promptly seeking legal advice upon discovering an injury resulting from a defective drug.
To make sure you’re filing your Suboxone lawsuit within the deadline and don’t miss your chance to obtain compensation after experiencing severe tooth decay from the drug, speaking with a lawyer is essential.
How Our Suboxone Lawsuit Attorneys Can Help
The dangerous drug attorneys at Rosenfeld Injury Lawyers specialized in Suboxone cases can help in many ways:
- Gathering Evidence – Suboxone lawyers can help gather the correct evidence of tooth decay or other dental injuries for your Indivior case. They know what documentation the United States District Court and Federal Court require and how best to obtain it.
- Filing Your Suboxone Lawsuit – Your Suboxone attorneys will also file your Suboxone lawsuit in court on your behalf and ensure all legal procedures are properly followed.
- Negotiating Settlements or Preparing for Trial – Law firms have experience negotiating settlements with large pharmaceutical companies. If a fair settlement cannot be reached, they will prepare your case for a jury trial.
- No Upfront Fees – As the case is with most product liability injury lawsuits, our lawyers offer free case evaluations for Suboxone teeth lawsuits. We don’t collect fees unless we recover a settlement or get a jury verdict in your favor.
Who Are the Defendants in Suboxone Tooth Decay Lawsuits?
In recent years, the pharmaceutical industry has faced numerous legal challenges, particularly concerning the opioid epidemic. Among these, Suboxone lawsuits have emerged as significant legal battles. The primary defendants in these cases include:
Indivior, Inc.
Indivior, Inc. is the primary defendant in numerous Suboxone lawsuits. Originally a division of the UK-based pharmaceutical giant Reckitt Benckiser, Indivior was spun off into a separate entity to focus on the burgeoning market for opioid addiction treatment.
With Reckitt retaining a substantial shareholding, Indivior’s activities, including its marketing and sale of Suboxone, have led to significant legal challenges.
So far, all Suboxone lawsuits claim that Indivior purposefully designed its sublingual medication, Suboxone, to have an acidic composition. This crucial characteristic of Suboxone is at the heart of the legal battles, as the acidity of the medication, when dissolved under the tongue, is what is said to lead to serious dental issues.
These allegations also claim that the company was fully aware of the potential for Suboxone to cause severe tooth decay and other dental health problems, yet continued to market and distribute the medication without proper warning labels or instructions for use.
Aquestive Therapeutics, Inc.
Aquestive Therapeutics Inc., while not as prominently featured as Indivior, also plays a significant role in the controversies surrounding Suboxone. Aligning closely with Indivior, Aquestive’s involvement in the production and marketing of the medication places it as a defendant in the legal battles over Suboxone.
If you believe you have been adversely affected by Suboxone or if you require more information on how to proceed with a potential Suboxone dental decay lawsuit, Rosenfeld Injury Lawyers is here to help. Contact us today to schedule a free case evaluation with our suboxone lawyer.
Suboxone Class Action Lawsuit Payout Data
Despite the absence of publicly announced court-approved settlements for Suboxone cases related to severe tooth decay and other dental injuries, we know that several factors could significantly influence the potential amount of payouts in Suboxone tooth decay lawsuits.
Understanding these factors provides insight into the complexities of legal proceedings in product liability and personal injury cases. Our attorneys project individual suboxone lawsuit settlements could be $50,000 to over $190,000 per individual plaintiff.
Severity of Dental Issues
The extent and severity of dental injuries caused by Suboxone use are pivotal in determining the amount of compensation. Severe cases, where patients suffer from extensive dental decay, loss of teeth, or jawbone damage, are likely to command higher settlements due to increased medical expenses, the need for ongoing dental care, and potential impacts on quality of life.
Accumulated Medical Expenses
The total amount of medical and dental treatment expenses incurred by plaintiffs plays a critical role.
These expenses encompass past and future costs related to dental surgeries, rehabilitation, and any necessary cosmetic procedures to rectify the damage caused by Suboxone. Legal teams meticulously document these expenses to validate the claim for compensation.
Impact on Quality of Life
The effect of dental injuries like tooth decay on a plaintiff’s quality of life can elevate the payout amount. Issues such as pain and suffering, loss of enjoyment of life, and psychological distress caused by dental disfigurement or the inability to perform daily activities without discomfort are taken into account.
Precedent Cases and Settlements
Although there hasn’t been a publicly announced settlement for Suboxone-related serious dental issues, precedents from similar pharmaceutical or product liability cases can influence settlement amounts. Courts and negotiating parties often reference past cases with similar circumstances to gauge appropriate compensation levels.
Legal Strategy and Negotiation Skills
The outcome of a class action lawsuit, including any potential payouts, can be heavily influenced by the legal strategy employed and the negotiation skills of the attorneys involved. Skilled legal teams adept in product liability law and experienced in negotiating with pharmaceutical companies can often secure more favorable settlement terms for their clients.
Why Are People Filing Suboxone Lawsuits?
Suboxone users who have experienced worsening dental health, like tooth decay, cavities (sometimes referred to as dental caries), or even tooth loss after taking Suboxone may be eligible to file a Suboxone tooth decay lawsuit.
Some patients have had to get crowns, implants, or dentures to repair damage and claim the drug makers failed to properly warn them about risks to their teeth due to prescribed Suboxone film.
Contact Our Law Firm About a Suboxone Lawsuit Today!
If you or a loved one has experienced tooth decay, bleeding gums, or other serious dental problems after taking Suboxone, contact us today about filing a suit. Our Suboxone lawyers can analyze your claim at no cost and help you pursue compensation for your injuries.
We’re aware of the physical pain and financial stress these injuries can put on victims and their families. Let our law firm help you hold pharmaceutical companies responsible for failing to warn patients about the risks.
You deserve justice, and we can help you get it. Call us today at (888) 424-5757 to file a Suboxone tooth decay lawsuit or reach out to us online.
References: [1] SAMHSA, [2] FDA, [3] PubMed, [4] IHS, [5] NIH, [6] NIH