Suboxone is a revolutionary medication used for treating opioid dependence that has recently faced litigation over allegations that the manufacturers failed to warn users can cause tooth decay. As the lawsuit quickly progresses, we have put together a list of Suboxone lawsuit updates and additional information about the case.

Suboxone Lawsuit Updates

Below are the latest updates on the Suboxone MDL lawsuit, including court hearings, insights from our attorneys, and other changes in the lawsuit’s development.

July 3, 2024 – Update on Number of Suboxone Cases Added in June

In June, the number of Suboxone tooth decay lawsuits surged. A total of 319 new cases were filed, increasing the total from 358 to 677. This significant rise indicates that more people are coming forward with claims against Suboxone, causing the federal case to expand rapidly.

June 24, 2024 – Plaintiffs Win Causation Issue in Suboxone MDL

There was good news this week in the Subxone MDL, as the Judge ruled in favor of the plaintiffs on a major issue we’ve discussed in previous updates.

The defendants were pushing to focus only on general causation issues at first. As we mentioned, this was wholly unnecessary considering they already admitted causation in their label update and it was a clear push to delay the lawsuits and force plaintiffs to take a lower settlement.

The plaintiffs rightfully argued that this would prolong the lawsuits and waste resources, potentially adding over a year to the litigation.

After hearing arguments in early June, the court denied the defendant’s request. The judge emphasized that separating general causation from individual discovery would be inefficient and defeat the purpose of the MDL.

June 11, 2024 – Leadership Development Committee Established in Suboxone MDL

This week, Case Management Order No. 7 was released in the Suboxone MDL, establishing a Leadership Development Committee (LDC) for the lawsuit. The LDC is a mentorship for attorneys that provides them with the skills and experience to take on a leadership role in future multidistrict litigation cases. 

Any attorney chosen for the LDC will be tasked with different projects dealing with the case. In return for the experience and possible leadership roles in the future, these attorneys are expected to provide their services at a reduced rate. 

Attorneys interested in joining the LDC need to apply by July 8, 2024.

May 30, 2024 – Attorneys for Suboxone Victims Reject Defendants Proposal for Splitting Discovery Into Two Phases

Attorneys for those who suffered tooth decay because of Suboxone’s failure to warn them are pushing back against the defense’s proposal for bifurcation, which would split the case into two parts: general causation and discovery focused on individual cases.

Plaintiffs are urging the court to reject the proposal brought by Indivior and Reckitt Benckiser to split the Suboxone tooth decay litigation, which they claim would cause an unnecessarily delay in the case and justice for the victims.

The defendant’s propose selecting three to five lawsuits for a general causation phase, and handling the other case-specific discovery later.

However, the plaintiffs’ attorneys, and we here at Pusch & Nguyen believe this is completely unnecessary since there is solid scientific evidence linking Suboxone to tooth decay.

In a legal brief filed on May 24, plaintiffs emphasized that phased discovery would prolong the MDL and waste resources, noting that most MDL courts avoid bifurcation due to its inefficiency.

Judge Calabrese has ordered Indivior to respond by May 31 and has scheduled oral arguments for June 6.

Currently, about 500 product liability lawsuits are pending in the MDL with thousands more expected as the two-year statute of limitations approaches for many states.

May 1, 2024 – Focus on Discovery Structure and Tolling Agreement in Suboxone MDL

In the latest Suboxone MDL status conference, Judge Calabrese considered the discovery phase structure, notably Indivior’s push to emphasize the general causation of dental issues from Suboxone.

Plaintiffs must prove that prolonged Suboxone use leads to significant dental problems. Indivior appears to be prolonging litigation, potentially to discourage further legal involvement.

Attention is also turning to a proposed tolling agreement that would pause the statute of limitations, allowing cases to be investigated more thoroughly without pressure to file a lawsuit immediately.

April 26, 2024 – Indivior Prioritizes General Liability in Suboxone MDL

Indivior has requested the MDL judge focus on whether Suboxone is generally linked to dental issues before addressing individual claims. This strategy may aim to delay proceedings and pressure plaintiffs into settling. The requirement for a tooth decay warning on Suboxone’s label by the FDA already shows general causation with dental injuries, suggesting this is just a delaying tactic by the defense.

April 21, 2024 – Procedural Updates in Suboxone MDL

During the latest Suboxone lawsuit status conference, Judge Calabrese set key deadlines related to general causation arguments and outlined the next steps for the litigation, including a potential tolling agreement discussion in the upcoming status conference.

March 30, 2024 – New Case Criteria for Suboxone Lawsuits

Suboxone lawsuits now require evidence of severe dental damage, such as multiple tooth losses, to qualify for inclusion in the MDL, focusing on cases with significant injuries only. This is a decision my Suboxone lawyers to make sure that plaintiffs with serious injuries are compensated and lesser injuries are not used by the defense to claim some sort of frivolousness.

March 22, 2024 – Direct Filing Permitted in Suboxone MDL

Judge Calabrese has issued an order allowing direct filings in the Suboxone MDL, aiming for judicial efficiency by bypassing transfer delays.

March 10, 2024 – Leadership Roles Assigned in Suboxone MDL

At the initial Suboxone MDL status conference, leadership positions were determined to help manage the many cases into a more manageable group of attorneys.

February 21, 2024 – Review of Statute of Limitations in Suboxone Lawsuits

Questions about the statute of limitations are becoming crucial as state deadlines for filing product liability lawsuits near.

See the FAQ section at the bottom of this article for your state’s specific timeline. February 7, 2024 – Suboxone Lawsuit Gains Momentum

Suboxone litigation is picking up, with significant online advertising and a focus on the drug’s acidic properties that allegedly contribute to dental decay.

February 2, 2024 – MDL Status for Suboxone Lawsuits Confirmed

The JPML agreed to consolidate all the Suboxone lawsuits into an MDL, potentially expediting case proceedings and client compensation under the oversight of the Northern District of Ohio.

The federal judge overseeing the Suboxone MDL will be Judge Phillip Calabrese in Ohio. January 17, 2024 – Clock Ticking on Suboxone Lawsuit Filings

With the statute of limitations expiring soon in several states, potential plaintiffs must act quickly to file claims related to Suboxone-induced dental issues. Learn more about which states will still accept a Suboxone lawsuit in the FAQ section of this article below.

January 13, 2024: A Rise in Suboxone Lawsuits as Patients Connect Their Medication to Their Dental Issues

As the January 25th hearing for the potential consolidation of Suboxone lawsuits approaches and with more news outlets covering the story, more patients are beginning to link their dental problems to the medication. This will further the surge of cases that we have already started to see in product liability lawsuits against Indivior.

December 26, 2023: JPML Hearing to Decide Suboxone Lawsuit Fate

A hearing has been scheduled for January 25, 2024, to determine if all the Suboxone lawsuits will be consolidated in a multidistrict litigation (MDL).

November 30, 2023: Petition for MDL Filed

The plaintiffs’ lawyers have petitioned the Judicial Panel on Multidistrict Litigation (JPML) to consolidate Suboxone lawsuits into a multidistrict litigation (MDL), likely in the Northern District of Ohio. This is common when there is an abundance of state cases that are similar in nature but have different injuries and levels of severity.

January 2, 2023: Ohio Woman Sues Over Suboxone Dental Issues

Another lawsuit has been filed against Suboxone, claiming that the manufacturer knew about the dental risks but failed to warn patients or doctors.

As we have mentioned, we think this is only beginning since the widespread nature of the opiate epidemic means there are possibly tens of thousands of patients who have been experiencing tooth decay and loss and don’t know why.

November 1, 2023: We Suspect Indivior May Have Rushed the Films to Market

Over the past ten days, fourteen Suboxone lawsuits have been filed against Indivior in federal courts. Due to some new information, we believe that Indivior negligently sent the sublingual films to market because their patent on the tablet form of Suboxone was set to expire, which would allow for generic competition. Thus, Suboxone was desperate to get their sublingual films on pharmacy shelves to maintain their profits.

September 28, 2023: First Suboxone Lawsuit Filed

The first lawsuit has been filed alleging permanent tooth decay caused by the sublingual film version of Suboxone. David Sorensen filed the lawsuit in the Northern District of Ohio, naming Indivior Inc. as the defendant. This is likely to be the beginning of a major litigation against Suboxone and its manufacturer.

—Skip forward a 15 months—

June 01, 2022: FDA Updates Warning Label

The FDA’s requirement for the Suboxone warning has been officially implemented. The label now warns patients against adverse dental events such as severe tooth decay, dental infection or abscesses, tooth erosion, and partial and total tooth loss.

Suboxone was the subject of a drug safety communication issued by the FDA in early January 2022 where they laid out the need for these changes.

January 12, 2022: FDA Warns of Dental Risks

The FDA has issued a safety report expressing concerns about severe tooth decay, infections, and tooth loss associated with Suboxone sublingual films. They are now going to require Indivior to add a safety warning to Suboxone about possible tooth decay.

What is the Suboxone Lawsuit?

The brand-name medication Suboxone combines buprenorphine and naloxone to help people with opiate addictions and opiate dependence get off these drugs by reducing opioid cravings and withdrawal symptoms.

Suboxone, like any other medication, has side effects. Its most common side effects include nausea, headache, and constipation. However, very few people knew about its potential to cause serious tooth decay until recently, including the doctors who are prescribing the medication.

Research suggests that Suboxone can cause tooth decay because it causes dry mouth, is extremely acidic, has prolonged contact with your teeth, and is used for a long period of time. Other potential causes have also been presented that we’ll explore later on.

Plaintiffs and their lawyers are not suing because Suboxone has a side effect. They are suing because they allege that the manufacturer of the drug knew about the risks and failed to warn doctors and patients in an effort to increase profits.

All of this has led plaintiffs who have experienced extreme tooth decay to sue Indivior, the maker of Suboxone, for failing to warn about the dangerous side effects and profiting off the lie by omission.

Understanding Suboxone and Its Effect on Society

Suboxone changed the game when it comes to opioid addiction treatment and has helped hundreds of thousands of people get off harmful painkillers or kick deadly habits.

Understanding Suboxone: How it works

Suboxone is a medication designed to aid in the treatment of opioid addiction. It combines two active ingredients: buprenorphine and naloxone.

Buprenorphine is a partial opioid agonist, meaning it activates the opioid receptors in the brain but to a lesser extent than full agonists like heroin or oxycodone.

Naloxone acts as an opioid antagonist, blocking the effects of opioids and reducing the risk of misuse.

Suboxone is typically administered as a sublingual film or tablet placed under the tongue or in the cheek to dissolve. This route of administration allows for the medication to be absorbed directly into the bloodstream, providing rapid relief from opioid withdrawal symptoms.

One of the key benefits of Suboxone is its ability to alleviate cravings and withdrawal symptoms associated with opioid dependence.

By occupying the opioid receptors in the brain, Suboxone helps to stabilize individuals undergoing addiction treatment, allowing them to focus on recovery without the intense cravings and withdrawal symptoms that usually cause a person to relapse.

Suboxone’s Effect on Society

Suboxone is the cornerstone of a type of addiction treatment that combines medication with counseling and behavioral therapies known as Medication-Assisted Treatment (MAT).

MAT has revolutionized drug treatment in America by offering a better and more effective way to address substance use disorders and addiction.

It helps to normalize brain chemistry, reduce the risk of relapse, and improve social functioning, which all contribute to better treatment outcomes and people staying sober for longer or the rest of their lives.

The opioid epidemic that America suffered in the early 2000s flooded our streets, schools, and homes with cheap opiate pills like Oxycontin, “Roxies,” and “Blues.” These drugs were cheap and plentiful and any person within range of a streetlight could find a doctor willing to prescribe them a handful. But as that supply was closed by Congress, drugs like heroine and fentanyl took its place, leading us to the crisis we are in now.

However, addiction treatment doctors have Suboxone, which is so crucial in saving lives. It makes a person stop withdrawing, stop craving the drug, and heal their brain from having too many opiate receptors. What more could you want?

Well, you could want the manufacturer to tell you about any known side effects, especially ones that could cause an already vulnerable population to lose all their teeth.

Understanding Suboxone-Related Tooth Decay

The main reason Suboxone is being sued is that the medication allegedly causes tooth decay. The reasons for this adverse side effect are multifaceted, including the medication’s acidity, its tendency to cause dry mouth, the method of its administration, and the impacts of its prolonged use.

Below, we explore each of these factors in detail to understand how Suboxone can lead to dental decay.

Acidity of Suboxone

Suboxone’s sublingual films have been proven to be acidic, which can contribute to the erosion of tooth enamel. Suboxone film strips are designed to slowly dissolve, which can take 30 minutes or longer. Since Suboxone has a highly acidic pH of around 3.4, the teeth are literally soaked in the acidic solution.

Enamel erosion is a huge concern in this side effect because it weakens the teeth and makes them more susceptible to decay. As teeth decay, it can cause serious problems like cavities, infections, and ultimately, tooth loss, which is being addressed in this lawsuit.

Dry Mouth Caused by Suboxone

Suboxone can reduce saliva production, leading to xerostomia, also known as dry mouth.

Saliva is essential for dental health because it washes away food particles, neutralizes acids in the mouth, and provides disease-fighting properties.

When the mouth has less saliva, there is less natural defense against the acids that cause tooth decay. Since Suboxone itself is acidic, it’s double trouble. Suboxone reduces the saliva in the mouth, which protects against decay, while increasing acidity which causes decay.

Prolonged Contact with Teeth During Administration

Suboxone is administered by placing it under the tongue (sublingually) or in the cheek (buccally) until it completely dissolves. This causes the dissolving gel-like film to sit in direct contact with the teeth for hours. It can take up to 30 minutes for Suboxone to dissolve. In some cases, patients need to put another strip in after the first round dissolves, which means the acid in Suboxone could be in the mouth for up to an hour.

This prolonged contact exposes the teeth to acid for an extended period of time and can cause tooth decay and tooth loss.

Prolonged Use of Suboxone

Many individuals who are prescribed Suboxone use it for long periods, often several months to years, as part of a long-term treatment program to prevent people addicted to or dependent on opiates from relapsing.

The combined effect of long-term exposure to the drug’s acidic nature, compounded by the dry mouth and repetitive, prolonged contact with teeth, significantly increases the likelihood of serious dental decay over time. Every additional year of use incrementally increases the risk of serious dental issues.

Studies and Patient Reports Related to Suboxone Tooth Loss

Research suggests that there is a potential link between Suboxone use and an increased risk of tooth decay. This section explores various studies that examine this correlation, patient reports, and the mechanisms of Suboxone-related tooth decay to better understand the point of the Suboxone lawsuits.

Studies Showing Correlation Between Suboxone and Tooth Decay

Below is information on the main clinical studies that have examined Suboxone, or buprenorphine, and its potential to cause tooth decay.

Study 1: Impact of Buprenorphine on Dental Health

A 2018 study published in the Journal of Dental Research explored how buprenorphine, the main ingredient in Suboxone, could lead to changes in saliva production and pH levels, which can increase the risk of tooth decay. The research showed a significant decrease in saliva production in Suboxone users compared to non-users, suggesting a direct link to an increase in dental cavities.

Study 2: Long-term Dental Effects of Suboxone: A Retrospective Study

In 2020, researchers conducted a retrospective analysis of patients who used Suboxone over five years. The findings, published in Dental Medicine Journal, showed that long-term Suboxone users had a higher rate of tooth decay compared to those on other forms of medication-assisted treatment (MAT).

Patient Testimonials and Reports

Patient reports and testimonials further support the research related to Suboxone causing tooth loss and decay. Individuals who take Suboxone have reported increased incidences of cavities and general tooth decay. These anecdotal accounts are not proof, but they align with the scientific studies and show the real-world impacts of Suboxone on dental health.

There were so many reports of these types of incidents that in 2022, the U.S. Food and Drug Administration (FDA) released a public safety notice regarding buprenorphine, Suboxone, and tooth decay. The FDA acknowledged that patients using buprenorphine have reported severe dental problems, ranging from cavities to total tooth loss. This later led to the FDA requiring Suboxone to add a warning about the risk of tooth decay to their medication labels in January 2022.

Your Legal Rights Related to Suboxone Side Effects

Many medications, including Suboxone, can cause serious side effects, and patients have the right to know about these risks. This also goes for doctors, because they also need to be properly informed about any risks so that they can warn patients.

If the drug manufacturer downplays the severity of side effects or outright fails to warn doctors and patients about any side effects, you may be able to hold them accountable in court.

In this case, Indivior may be held responsible for:

Failure to Warn: A central claim to this lawsuit is that Indivior did not adequately warn patients or doctors about the risk of dental problems that the sublingual film version of Suboxone could cause.

Defective Design: Some lawsuits have alleged the sublingual film itself is defective due to its acidity, which may contribute to tooth decay.

Rushed to Market: Another argument is that Indivior rushed the sublingual film to market to avoid competition from generic versions of the tablet, potentially compromising safety testing.

Prioritized Profits Over Safety: Finally, if it can be proven, Indivior may have put profits above the health and safety of their patients by rushing the films to market right as their patent on Suboxone tablets was about to run out.

Past lawsuits against giant pharmaceutical corporations like Indivior for medication-related injuries have resulted in significant compensation for patients; and rightfully so. When a patient is prescribed medication by their doctor and purchased from a pharmacy, they expect that medication to be safe and effective.

If you’ve experienced serious tooth decay and loss from Suboxone and you were never warned about this potential side effect, you may be able to pursue compensation for your medical bills, pain and suffering, and other damages.

How Pusch & Nguyen Can Help with Your Subxone Case

At Pusch & Nguyen, we understand the devastating impact Suboxone-related tooth decay can have on your life. Our team has extensive experience handling complex defective drug lawsuits.

We routinely hold manufacturers accountable for their negligence and we plan to do the same things with Indivior.

We’ve successfully secured compensation for clients in similar cases where medications caused unanticipated health problems.

Building a strong Suboxone lawsuit requires meticulous evidence gathering, including collecting medical records, interviewing prescribing physicians, and consulting with dental experts to establish a clear link between Suboxone use and your tooth decay. Our team is skilled at handling these types of complex cases.

So don’t suffer in silence. Contact Pusch Law today for a free consultation. We’ll fight for the compensation you deserve to cover dental and medical bills and address the emotional and physical toll of your injuries.

Contact Pusch & Nguyen to File a Suboxone Lawsuit

At Pusch & Nguyen, we’re committed to holding Indivior and Suboxone accountable for their negligent actions and helping our clients recover the compensation they deserve.

Our team is here to fight for your right to health, safety, and financial security. Time is of the essence since the statute of limitations in your state could be running out. Don’t wait – contact Pusch Law today for a free consultation.

Call us at 833-787-4946 or schedule your free consultation. It’s time to take the first step towards getting the justice and compensation you deserve.

FAQ about the Suboxone Lawsuit

What is the Suboxone lawsuit about?
The Suboxone lawsuit claims that the manufacturer failed to warn users about the risk of severe tooth decay associated with the medication’s sublingual strips.

Who can participate in the lawsuit?
Individuals who have experienced severe tooth loss linked to the use of Suboxone may be eligible to participate. You should check if your state is eligible in the last FAQ below.

What are the allegations against the manufacturers?
The lawsuits allege negligence for failing to warn patients about the dental risks of Suboxone.

What should affected individuals do?
Individuals impacted by Suboxone should consult with a lawyer who is skilled in mass torts to understand their rights and potential compensation.

What is the status of the lawsuit?
As of the latest updates, the cases have been consolidated into a Multidistrict Litigation (MDL). The case is still in the early stages of proceedings.

How much does it cost to hire an attorney for a Suboxone lawsuit?
The cost to hire an attorney for a Suboxone lawsuit is based on a contingency fee. This means you do not pay the lawyer unless they recover compensation for you. If they do, they take a percentage of the compensation. It’s important to discuss all fees and payment structures directly with your attorney before signing.

What is the statute of limitations for filing a Suboxone lawsuit?
The statute of limitations can vary depending on the state for product liability cases. However, lots of states have a 2-year statute of limitations. Since the FDA required the warning label to be added in January 2022, for many people that statute of limitations may have run out. However, you can check the February 21 update on this site to see if cases from your state are still being accepted.