This article is up to date as of October 25, 2024 and was written by Anthony Russo, Esq. Anthony has over thirty years of experience practicing in the areas of mass torts and class action lawsuits. Further, Anthony handles mass torts under the law firm Dolman Russo (a sister firm to Russo Trial Lawyers). Stanley Gipe of Dolman Russo is a member of the plaintiff steering committee in the Subxone Lawsuit.
Summary:
- We are targeting claims only against the manufacturer of Suboxone sublingual films
- Suboxone lawsuits have been filed in Federal Courts throughout the nation alleging a wide array of adverse dental outcomes, with severe tooth decay being the most common
- Suboxone sublingual strips contain buprenorphine and naloxone that can create an “opioid effect” without the same potency or adverse effects
- Suboxone film strips have low pH levels, meaning they are as acidic as vinegar which destroys the outer layer of teeth and tooth enamel.
- Suboxone’s sublingual form can cause tooth loss, tooth fractures, severe tooth decay, gum problems, dry mouth, and infections. It turns out the sublingual version of Suboxone film is extremely acidic and rushed to market by Indivior Inc. when the patent on Suboxone tablets was running out and generic versions of the medication were about to be released.
- Indivior feared generic competition to their prescription drug, so they rushed the sublingual film version to market and then ignored adverse event reports.
- Over one hundred victims of severe tooth decay have filed Suboxone lawsuits to hold the manufacturers, Reckitt Benckiser (parent company of Indivior) accountable for damages
- Pharmaceutical companies caused the opioid crisis and a pharmaceutical company may be responsible for causing harm again to the same group of people. Suboxone is considered the gold standard on opioid addiction treatment.
- The Suboxone class action lawsuit has evolved into an MDL (multidistrict litigation) in United States District Court for the Northern District of Ohio. .
- The Russo Firm can help you with your Suboxone Tooth Decay Lawsuit.
Suboxone Lawsuit Update 2024
This page will regularly be updated with information about the Suboxone tooth decay lawsuit. Stanley Gipe (an attorney at Dolman Russo has been appointed to the Plaintiff’s Steering Committee) We believe this will become a fast-growing mass tort in 2024 based on the number of individuals who used Suboxone (and the sublingual form of Suboxone) following the opioid crisis as a way to end their addiction. Suboxone is considered the gold-standard medication to treat opioid use disorder.
What started out as a class action lawsuit has now evolved into multidistrict litigation. All federal Suboxone tooth decay lawsuits have been consolidated before Judge Philip Calabrese in United States District Court for the Northern District of Ohio.
We believe this lawsuit will grow into a large group of plaintiffs due to the size of the opioid epidemic. the number of individuals who have relied on Suboxone as the mot recommended treatment for opioid dependence. The population of individuals prescribed Suboxone film as a partial opioid agonist and frontline option for opioid addiction treatment is substantial.
August 7, 2024 – Joint Status Report Indicates Tolling Agreement is Near in Suboxone Tooth Decay Lawsuit
What could be a huge change in the Suboxne lawsuit, a status report has been filed in the Suboxone MDL that suggests both parties are ready to finalize the tolling agreement. Indivior has shared their proposal with the plaintiffs for them to review and we think they will likely reply this week.
August 6, 2024 – Slight Decrease in Cases Likely Due to Anticipated Tolling Agreement
The number of lawsuits filed in the Suboxone MDL last month has dropped slightly from 677 to 673, likely because of the pending tolling agreement.
August 1, 2024 – Indivior Seeks Partial Dismissal of Suboxone Tooth Decay Lawsuit
Indivior has filed a motion for partial dismissal of the Suboxone lawsuits, citing federal preemption. Like the motion mentioned in our July 28 update, this one is also not expected to be granted. Here are the claims Suboxone’s lawyers are making:
- Design Defect Preemption: They argue that federal law overrides claims against Suboxone’s design since any modifications required FDA approval, and since the FDA approved the design, they are not liable.
- Failure to Warn Preemption: Indivior claims that federal law preempts any failure-to-warn claims because the FDA initially approved the label and again after changes were made in June 2022. And if the FDA approved them, they shouldnt be held liable.
- Claims Against Non-NDA Holders: Federal law prevents anyone other than a New Drug Applicant (NDA) from changing the drug label. Indivior claims that since they were not an NDA holder, they are not liable for label changes.
- Inadequate Allegations: They argue that lawsuits against parent companies are baseless since the parent companies themselves did not manufacture, market, or sell Suboxone films.
Indivior is asking the Court to dismiss the lawsuit with prejudice, which would prevent similar lawsuits from ever being filed. Once again, this motion highlights the lengths pharmaceutical companies will go to avoid accountability.
We will keep you updated on the judge’s decision.
July 28, 2024 – Indivior Responds to Plaintiff’s Complaint in Suboxone Tooth Decay Lawsuit
Indivior has responded to the plaintiff’s master complaint with a motion to dismiss for “lack of personal jurisdiction.” This legal maneuver is unlikely to succeed but, per usual, is meant to prolong the process. The defense attorneys charge by the hour, and the longer they can delay, the more likely plaintiffs are to settle for less money. Indivior’s argument regarding personal jurisdiction is weak since Suboxone clearly has a significant presence in the U.S.
July 20, 2024 – Judge Orders Indivior to Provide Antitrust and Patent Litigation Evidence
In a recent update on the ESI issue in the Suboxone tooth decay lawsuit, Judge Calabrese made significant rulings after the July 18 conference. Indivior has been ordered to provide critical documents from their settled antitrust case of October 2023 and their previously settled patent lawsuit, as we discussed in the July 12 update.
These documents are expected to reveal Indivior’s questionable marketing strategies and efforts to prevent generic competition by switching Suboxone from a tablet to the current sublingual film. This move is likely what caused the rush to market and the resulting failure to test and/or warn about the risks of tooth damage.
Indivior settled the antitrust case for $385 million and the patent case for $102.5 million, indicating they were not exactly innocent.
Both parties must agree on the information exchange by August 16, 2024. The next conference is on September 4, 2024, and we anticipate a tolling agreement to move litigation forward.
July 12, 2024 – Agreement on Agenda for July 18th Suboxone Lawsuit Conference
Both parties have agreed on the agenda for the upcoming Suboxone tooth decay lawsuit conference on July 18 which is likely to resolve the tolling agreement issue.
After the tolling agreement issue is handled, the focus will probably shift to a debate over electronically stored information (ESI) since Indivior is likely going to contest certain “requests for production” related to Suboxone’s patent and antitrust lawsuits, which they are keen to keep under wraps.
There’s also an ongoing dispute about the discovery process, with plaintiffs pushing back against what they see as excessive demands for information from their clients.
July 5, 2024 – Confidence in Tolling Agreement for Suboxone Lawsuit Grows
The legal teams for both the plaintiffs and Indivior are working to finalize a tolling agreement and are set to update Judge Calabrese by August 1, 2024. This agreement aims to protect future cases from the statute of limitations without the need for individual lawsuits to be filed. Indivior seems cooperative, likely because they realize how big the Suboxone lawsuit could potentially be. A recent agenda submitted by the plaintiffs listed over 10,000 names, with the lawsuit potentially reaching as many as 50,000.
July 3, 2024 – Update on Number of Suboxone Cases Added in June
In June, there was a significant increase in the number of Suboxone tooth decay lawsuits. A total of 319 new cases were filed, bringing the total number of lawsuits from 358 to 677. This indicates that more individuals are stepping forward with their claims against Suboxone, leading to a rapid expansion of the federal case.
June 24, 2024: Plaintiffs Win Causation Issue in Suboxone MDL
This week, the court ruled in favor of the plaintiffs and against the defendants on a key causation issue. The defendants aimed to concentrate solely on general causation, postponing the specifics of individual cases.
However, the plaintiffs argued that this approach would prolong the MDL and squander time and resources. Fortunately, the judge agreed, implying that it would be impractical and inefficient to separate these issues. By handling all of the discovery together, the Suboxone lawsuits can proceed more smoothly.
March 25, 2024 – Judge Calabrese Issues his Latest Order In Suboxone Lawsuit.
Judge Calabrese recently issued case management order #3 in the consolidated Suboxone teeth lawsuits pending in United States District Court for the Northern District of Ohio. The order allows plaintiffs to directly file their Suboxone lawsuit directly into MDL 3092 as a member case.
Direct filing promotes judicial efficiency and precludes delays associated with transfer orders and efforts associated with moving the cases into the MDL. Judge Calabrese states that “any plaintifflleging dental injuries as a result of using Suboxone film may file her or his action against Defendants directly in this District as a member case of the MDL.
We believe the science will begin narrowing on Suboxone lawsuits for a number of reasons. The statute of limitations will soon run in the jurisdictions with a two year statute for product liability claims. Please note the warning label of sublingual buprenorphine was changed in June of 2022. Thus we expect a significant uptick in filings of Suboxone lawsuits over the next sixty (60) days.
It is essential that plaintiffs do not file federal Suboxone lawsuits on behalf of plaintiffs with spurious factual claims, limited exposure to sublingual Suboxone or minimal dental injuries. A bad case could be scooped up by Indivior’s counsel as a potential bellwether case.
March 18, 2024 – We are now Handling Michigan Suboxone Lawsuits
Michigan Governor Gretchen Whitmer recently signed into legislation a bipartisan bill that repealed the immunity shield law for drug manufacturers. Michigan formerly was the only State with immunity for drug manufacturers. We are now representing Michigan residents in the Suboxone teeth lawsuits.
Suboxone litigation is beginning to take off. The first status conference took place on March 7th, and plaintiff lawyers are already working on a plan for discovery and properly moving this case forward. We anticipate a flurry of Suboxone cases being added to the MDL this summer as the two year statute of limitations will run this coming June in states with a two year statute for product liability claims.
Further, we also expect more lawyers to begin targeting Suboxone cases as they learn of this lawsuit at conferences such as Mass Torts Made Perfect which will be held next month in Las Vegas. It is safe to assume advertising for Suboxone lawsuits will grow substantially over the next several months as this MDL is in its infancy.
March 17, 2024
Many people struggling with opioid addiction have used the prescription medication Suboxone. Indivior’s product can block receptors in the brain that crave opioids and trick it into believing you just received a full dose. Suboxone can assist with managing cravings and reducing symptoms of withdrawal.
However, recent studies have drawn a connection between Suboxone use and tooth decay. Suboxone contains buprenorphine, an acidic chemical that can alter tooth surface microbial profiles. Using Suboxone can result in tooth decay, dry mouth, gum problems, and infections. Victims can file product liability lawsuits with Indivior to pursue compensation for damages.
March 11, 2024 – Judge Calabrese Appoints a Plaintiff Steering Committee
Judge Philip Calabrese held his first status conference in the Suboxone lawsuit MDL in U.S. District Court in the Northern District of Ohio last Thursday in Cleveland, Ohio. We now have approximately twenty Suboxone lawsuits filed in the MDL.
We believe the Suboxone tooth decay lawsuit is about to explode. A group of 18 lawyers were named to the Plaintiff’s Steering Committee, including our very own R. Stanley Gipe. More and more individuals who have suffered severe tooth decay on learning about this lawsuit via both recent news coverage
Keep in mind that the FDA forced Indivior changed the warning label of Suboxone to include a list of potential dental injuries related to the longterm use of the prescription Suboxone film. These dental injuries include tooth loss, advanced tooth decay, severe tooth decay resulting in tooth extractions, tooth erosion, destruction of tooth enamel. The sheer number of adverse dental outcomes received by the FDA prompted this change.
A large portion of our clients suffered severe tooth decay following use of prescription Suboxone film. An inevitable Suboxone settlement will have to account for the emotional injuries and impact on potential vocational prospects along with the costs of extensive dental treatments to restore oral health.
March 2, 2024 – Initial Status Conference set for 3/7 in Suboxone Tooth Decay Lawsuit
Judge Calabrese has scheduled the initial status conference for the Suboxone dental lawsuit to be held on Thursday, March 7, 2024 at the Federal Courthouse in Cleveland, Ohio. Plaintiffs have submitted a proposed leadership slate for a proposed plaintiff steering committee (PSC). We are proud to announce that Stanley Gipe of Dolman Russo (Dolman Russo is our sister firm that handles all of our mass tort claims) will be on the plaintiff steering committee.
The JPML recently consolidated all Federal Suboxone lawsuits before Judge Philip Calabrese for the purpose of streamlined and coordinated discovery. We believe this will be a fast moving mass tort as the science is clear.
The acidic nature of sublingual Suboxone films is linked to severe dental decay and diminution in dental health. Multiple polished studies demonstrate the sublingual form buprenorphine medications lead to tooth decay, tooth loss, tooth fractures, oral infections among other dental injuries. The use of sublingual Suboxone films are consistently linked to severe dental injuries.
February 10, 2024 – A Suboxone Settlement is at Least a Year Away
Our Suboxone lawyers believe a settlement is extremely unlikely to occur in 2024 and we are likely at least a year away at the earliest. The JPML recently consolidated all Suboxone tooth decay lawsuits before Judge Philip Calabrese in the Northern District of Ohio for coordinated pretrial proceedings.
The Suboxone lawsuits will proceed through discovery and the development of experts who can link sublingual buprenorphine naloxone exposure to severe tooth decay and other dental injuries. We believe the initial settlement discussions will begin once bellwether trials are set. Again, we are likely at lease a year to eighteen months away from bellwether trials being set in the Suboxone teeth lawsuit.
While we believe a Subxone settlement to be unlikely in 2024, we will learn plenty this year about when Indivior knew when use of sublingual Suboxone posed a significant risk of severe tooth decay.
February 2, 2024 – Suboxone Tooth Decay Class Action Becomes an MDL
Suboxone tooth decay litigation entered a new phase as the Judicial Panel on Multidistrict Litigation has created a multidistrict litigation by consolidating all Federal lawsuits before a single Judge. The JPML issued an order consolidating Federal Suboxone tooth decay lawsuits before Judge Philip Calabrese in United States District Court for the Northern District of Ohio for coordinated pretrial proceedings. The order consolidates the Suboxone tooth decay claims immediately.
Keep in mind the very first Suboxone lawsuit was filed in the Northern District of Ohio last summer by plaintiff named David Sorensen. Further a disproportionate amount of the Suboxone tooth decay litigation is taking place in United States Federal Court in th Northern District of Ohio.
The consolidated lawsuits allege that use of Suboxone sublingual film is directly related to serious dental problems such as severe tooth decay, tooth loss, tooth fractures, tooth erosion and gum disease. Suboxone is a prescription medication used for opioid dependence treatment. The FDA has received numerous adverse event reports of dental health issues. Plaintiffs commonly complain of requiring extensive dental treatments to treat and remediate their oral health issues.
January 15, 2024 – Future of Suboxone Class Action Lawsuit to be Determined Soon
The Joint Panel on Multidistrict Litigation (JPML) will be meeting on January 25, 2024, in Santa Barbara, California, wherein they will hear a motion filed by plaintiff lawyers to consolidate all pending Suboxone lawsuits pending in Federal Courts.
The Suboxone lawyers are asking for the lawsuits to be consolidated in the Northern District of Ohio. Interestingly enough the first Suboxone tooth decay lawsuit was filed in the Northern District of Ohio on January 25, 2024, by David Sorensen.
We anticipate a flood of Suboxone tooth decay cases to be filed in Federal Courts over the next several months unless the Judicial Panel on Multidisctrict Litigation opts to consolidate all lawsuits in on jurisdiction. Many states have only a two year statute of limitations which could pose a huge problem if Suboxone tooth decay lawsuits are filed in Federal Courts throughout the nation.
December 1, 2023 – Suboxone Lawyers File Petition With JPML to Consolidate Lawsuits
A petition was just filed with the Judicial Panel on Multidistrict Litigation to consolidate all Suboxone tooth decay claims. We are projecting the Suboxone class action will be consolidated in the Northern District of Ohio
November 18, 2023 – Common Issues Found in Suboxone Lawsuits
We are noticing common issues in the ever-growing number of Suboxone lawsuits being filed in Federal Courts throughout the U.S. The acidic film form version of sublingual Suboxone is responsible for a wide array of dental injuries, with severe tooth decay being the most common. We have also seen complaints of gum infections, gum injuries, oral infections, degradation of tooth enamel, poor oral health, and other dental problems.
It is worth noting the Food and Drug Administration (FDA) initially changed the warning label back in 2022 due to the significant number of adverse event reports related to deterioration of dental health.
Why Choose The Russo Firm for Help With Your Suboxone Tooth Decay Lawsuit
Lawyers at The Russo Firm have decades of experience helping victims of harmful products pursue compensation for damages. They have helped those who suffered severe injuries and medical conditions because of defective drugs. They can apply their experience in Tylenol autism, Tepezza, and Zantac cases to help with your lawsuit.
We have combined forces with Dolman Law Group to handle Suboxone tooth decay lawsuits under the firm Dolman Russo. Stanley Gipe of Dolman Russo has been appointed by Judge Philip Calabrese as a member of the plaintiff’s steering committee for the Suboxone tooth decay MDL.
If you suffered tooth decay from using Suboxone for opioid addiction, our product liability attorneys can help craft a personalized legal counsel plan. They can use their product liability expertise, knowledge of the research into Suboxone’s harmful effects on teeth, and the details of your case to help devise a plan to help you recover fair compensation for damages.
Do not wait to seek help with your Suboxone tooth decay lawsuit. Our product liability lawyers are ready to offer free consultations to show we can help you financially recover from tooth decay caused by opioid addiction medication. Contact us today for a free case evaluation. We were among the first law firms to get involved in the Suboxone class action lawsuit.
What is Suboxone?
People who have an opioid addiction can use Suboxone to reduce withdrawal symptoms and dependence on opioids. The prescription medication is administered sublingually, meaning users can put a strip of film underneath their tongue. Suboxone can dissolve and absorb into the body, providing relief for those struggling with opioid addiction.
Suboxone is the preferred treatment for opioid use disorder (OUD), with it being prescribed more than habit-forming Methadone. The prescription medication can serve as a part of a larger opioid addiction treatment plan to help people stop their codependence on opioids, such as OxyContin, Heroin, and Fentanyl.
How Does Suboxone Work to Help With Opioid Addiction?
Suboxone contains two ingredients that help treat opioid addiction: buprenorphine and naloxone. The prescription medication contains four parts buprenorphine to one part naloxone.
Buprenorphine is a partial opioid agonist that can provide the “opioid effect” without all of the negative drawbacks. It can attach to nerve cells known as opioid receptors, only partially releasing the endorphins an opioid would. This can create a partial opioid effect to curb withdrawal symptoms and cravings.
Naloxone (Narcan) is an opioid antagonist that can block the activation of opioid receptors, preventing the euphoric feeling caused by opioids. It only activates when people inject Suboxone intravenously through the veins. Buprenorphine can have a more potent effect this way, but naloxone blocks opioid receptors to prevent the opioid effect.
What Dental Problems Can Suboxone Cause?
While Suboxone is effective in treating opioid use disorder, it has recently been linked to causing dental problems. The major problem of Suboxone use is tooth decay, which is damage to the tooth’s surface (enamel). This can cause tooth pain, sensitivity to hot and cold foods and liquids, and bleeding gums. We have also seen reports of broken teeth, infections, gum disease, and other oral health issues.
Those who suffer from tooth decay may require significant medical treatment, such as tooth extraction, root canal treatment, or crown replacement. Suboxone can also cause tooth erosion that can affect the enamel and expose someone to the risk of cavities.
Suboxone users can also suffer from dry mouth. This can prevent the creation of saliva that helps to prevent tooth decay. Those who suffer dental problems from using Suboxone can also experience gum problems, such as inflammation, periodontal disease, and infections.
Suboxone Contains Acidic pH That Can Cause Dental Damage
Part of the reason Suboxone can cause dental problems is the acidic nature of the strips of film. Suboxone registers as a 3.4 on the pH scale, which measures how acidic or basic a substance is. The pH scale ranges from 0 to 14, with 0 being the most acidic substance possible and 14 being the most basic.
Both ends of the spectrum can cause issues, but Suboxone is closer to 0. Battery acid is a 0 on the pH scale, meaning Suboxone is as close to being as acidic as battery acid as it is to water. A pH of 3.4 means Suboxone has a similar acidity to vinegar.
The pH of the mouth can range from 6.2-7. When someone uses Suboxone, it can reduce the pH level of the mouth and expose the teeth to damage. The acidic strips of film can erode tooth enamel and cause cavities.
Studies Linking Suboxone to Tooth Decay
Many studies have established the connection between using Suboxone and tooth decay. In 2013, The Primary Care Companion for CNS Disorders published a study analyzing the data of eleven patients at Brigham and Women’s Hospital. They all used oral buprenorphine and suffered dental problems, with 90% experiencing salivary buffering.
The most extensive research study into Suboxone causing tooth decay came from The Journal of the American Medical Association in 2022. Researchers analyzed the data from three cohorts of people recovering from opioid addiction who each used different medications: oral buprenorphine-naloxone, oral naltrexone, and transdermal buprenorphine prescriptions.
After following these participants for a year, the researchers identified Suboxone users had more of a risk of tooth decay than those using other oral medications. However, the study could not account for each participant’s cigarette use and dental hygiene practices. More studies will need to take place to draw concrete connections between tooth decay and Suboxone.
The FDA Has Issued a Warning About Suboxone Tooth Decay
In 2022, The Federal Drug Administration (FDA) warned about dental problems presented by oral medications containing buprenorphine. They cited that users without a history of dental problems have suffered issues such as “tooth decay, cavities, oral infections, and loss of teeth.”
The FDA has required Indivior, the manufacturer of Suboxone, to include a new warning label cautioning users about dental issues caused by the product. The manufacturer must warn consumers about potential dental problems in the prescribing info and the patient medication guide while more studies are conducted to determine why the medication causes tooth decay.
Victims of Tooth Decay from Suboxone Have Filed Lawsuits With Indivior
Since studies have come out connecting Suboxone use and tooth decay, many users of the prescription medication have filed product liability lawsuits. As of December 2023, there are over 100 Suboxone tooth decay lawsuits filed with Indivior.
In November 2023, 14 more Suboxone tooth decay lawsuits were filed in court. There are hundreds of thousands of users of Suboxone, some of whom may not realize their dental issues come from the prescription medication. As more information comes out, it’s likely the amount of Suboxone lawsuits will increase vastly. Indivior can be held liable for creating the defective drug.
What Damages Can You Pursue in a Suboxone Tooth Decay Lawsuit?
Those who suffer from tooth decay and other dental problems after using Suboxone can file lawsuits to pursue compensation for damages. Victims can experience damages that affect their finances, health, and quality of life, for which they can pursue compensation by commencing a legal action against Indivior.
caused by Suboxone tooth decay are those that have a financial value or bill attached to them. are intangible costs resulting from Suboxone tooth decay that affect a person’s quality of life, mental health, and relationships with friends and family.
The following are some damages you could pursue through a Suboxone tooth decay lawsuit:
- Lost earning potential
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
- Punitive damages
Why Should You Hire a Product Liability Lawyer to Help With Your Suboxone Tooth Decay Lawsuit
Those who suffer tooth decay from Suboxone should hire a lawyer to help with their lawsuit. A product liability lawyer with experience helping victims of dangerous drugs and medication can use their expertise to assist with the lawsuit process. They will know what steps to take and how to put them in the best position to recover fair compensation for damages.
The following are some ways a product liability lawyer can help with your Suboxone tooth decay lawsuit:
- Calculating the value of your product liability case
- Determining the liable party
- Filing the paperwork to begin the lawsuit
- Collecting evidence
- Speaking to expert witnesses
- Determining the best legal strategy
- Handling court proceedings
- Negotiating a fair settlement
Contact The Russo Firm for Help With Your Suboxone Tooth Decay Lawsuit
At The Russo Firm, our product liability lawyers understand how defective drugs can cause health problems and wish to help with tooth decay caused by Suboxone. We grasp the difficulty of handling substance abuse issues and the stress caused by dental problems caused by opioid abuse medication.
If you used Suboxone films for longer than 6 months before 2022 and can obtain prior dental records, we would like to hear from you immediately.
We plan to show the courts that you had decent oral health before using Suboxone, you suffered significant damages, you had to receive dental care to repair it, and on top of it all, Indivior failed to warn any users of these potential risks associated with this drug.
Our experienced product liability attorneys can use their experience and expertise to help hold Indivior accountable for the negligence that caused dental problems. Contact us for a free Suboxone tooth decay lawsuit consultation today at (561) 270-0913, or leave a message on our online contact page.
Frequently Asked Questions About Suboxone Tooth Decay Lawsuits
How Can Dry Mouth Caused by Suboxone Contribute to Tooth Decay?
One of the dental issues that can result from using Suboxone is dry mouth. The medication can reduce the production of saliva, leading to dry mouth. Saliva plays an essential role in protecting the teeth, as it can neutralize acids and reduce harmful bacteria buildup.
Without saliva to protect the teeth’s enamel, a Suboxone user who suffers from dry mouth can exacerbate the tooth decay they can experience. Saliva will not be present to prevent the acidic qualities of Suboxone from causing tooth decay. The absence of saliva caused by dry mouth can lead to the pH levels of the mouth lowering, leading to further dental problems.
How Does the Indivior Antitrust Case Affect Suboxone Tooth Decay Lawsuits?
Suboxone’s original FDA approval came in 2002 for its tablet form. It happened during the height of the opioid epidemic, making Suboxone one of the most popular medications on the market and generating billions in profit. However, its patent neared expiration in 2009. Reckitt Benckiser and Indivior developed the film version of the medication using the same ingredients.
This allowed them to extend their patent and prevent generic drug manufacturers from selling their own versions of buprenorphine and naloxone tablets. Reckitt Benckiser and Indivior urged the FDA to remove the tablet version from the market due to child safety hazards. The US government found this was an attempt to extend patent protections and control the market.
Reckitt Benckiser and Indivior were found guilty of antitrust violations, leading to their agreement to a $1.4 billion settlement with the federal government, state governments, and the Federal Trade Commission (FTC). However, this settlement did not pay money to customers who suffered dental problems, meaning they must file individual civil claims to pursue compensation.
How Would a Suboxone Tooth Decay Lawsuit MDL Affect Plaintiffs?
In a recent development, plaintiffs have filed a motion to consolidate all Suboxone tooth decay lawsuits into multi-district litigation (MDL). This would see all lawsuits consolidate in one jurisdiction before one judge to prevent backing up the courts with hundreds or thousands of similar lawsuits.
The Judicial Panel on Multi-District Litigation (JPML) must assess the facts of these individual lawsuits to determine if there are common facts that could require consolidation. An MDL could help plaintiffs, as it can streamline discovery, allow their lawyers to pool resources, and provide a global settlement that pays for each plaintiff’s specific damages.
Call our Suboxone Tooth Decay Lawyers Today
Our Suboxone lawyers remain ready, willing and able to assist you with your potential tooth decay lawsuit. Call us today at 844-847-8300 for a free consultation and case review.