Suboxone Lawsuit Updates
Court Compels Medical Providers to Produce Records in Suboxone Tooth Decay Litigation
Judge J. Philip Calabrese, overseeing the Suboxone multidistrict litigation, has ordered 126 medical providers—including dentists, clinics, and pharmacies—to comply with records requests. These documents are crucial evidence to prove plaintiffs took the medication and subsequently suffered severe dental decay. Providers who fail to respond must now file an "order to show cause" with the court or risk being held in contempt. This judicial enforcement is a critical step to advance the lawsuits against manufacturer Indivior by securing the necessary medical documentation.
Court Compels Medical Providers to Release Records in Suboxone Litigation
The progress of Suboxone tooth decay claims has been hindered by healthcare providers failing to supply requested patient documents. These records are crucial evidence for plaintiffs' dental injury cases. To resolve this, the presiding judge has issued an order to show cause against the noncompliant providers. This legal directive requires them to produce the records and explain why they should not face sanctions for their delay. This judicial action is a necessary step to advance the litigation through the discovery process.
Plaintiffs File 132 Responses to Preserve Suboxone Film Claims
In the Suboxone Film MDL, plaintiffs have submitted 132 responses to show cause orders within the past two weeks. These court orders required claimants to justify why their cases should not be dismissed for failing to submit required census forms or other procedural documents. This coordinated effort aims to rectify administrative gaps and maintain the active status of these cases on the litigation docket. Cases where no response is filed will be subject to dismissal, as enforcing procedural rules is necessary to advance the litigation efficiently.
Court Enforces Stricter Compliance in Suboxone Tooth Decay Litigation
Judge Calabrese's new order mandates stricter compliance in the Suboxone litigation. The court will compel three third-party record providers to produce necessary medical documents by month's end, with potential contempt sanctions under Rule 45 for non-compliance. Additionally, claims for several plaintiffs who failed to meet document submission deadlines were dismissed with prejudice. These actions, while severe, are viewed as necessary to advance viable claims and facilitate eventual settlement discussions. The court also announced an upcoming order outlining procedures for a second census round to further organize the litigation.
About Suboxone Lawsuits
The Suboxone tooth decay lawsuit involves cases against the pharmaceutical company behind the opioid addiction treatment, Suboxone. Claimants allege that the medication causes severe dental issues, including tooth decay, cavities, and even tooth loss.
Suboxone, which contains two main ingredients, buprenorphine, and naloxone, has been widely prescribed to help individuals overcome opioid dependence and decrease the severity of withdrawal symptoms. However, many users have reported unexpected and severe oral health problems after long-term use of the drug.
Indivior, the maker of Suboxone, originally manufactured this drug as a tablet. However, they developed Suboxone film in 2010 to compete with the generic version of the drug. Up until 2021, a multitude of cases related to declining oral health were reportedly associated with using Suboxone film, indicating defendants’ awareness of the dental health issues.
The plaintiffs in these lawsuits argue that the drug manufacturers failed to adequately warn patients and healthcare providers about the potential risks of tooth decay and other dental issues associated with Suboxone use. The lawsuits claim that patients could have taken preventive measures or explored alternative treatment options if Indivior had adequately communicated the risks.
In response, the drug manufacturers have maintained that they provided all necessary warnings and instructions regarding the drug’s use, including advising patients to rinse their mouths after taking Suboxone to mitigate dental risks. Indivior had a legal obligation to inform customers of the risks associated with the sublingual film version of this drug.
However, because the company didn’t explicitly warn users about the risk of tooth decay, Indivior breached its duty of care and could be liable for the damages that users incurred. As the lawsuits continue to develop, patients affected by these dental issues are seeking compensation for medical bills, dental treatments, and pain and suffering.
In January of 2022, the FDA required Indivior to include a warning of tooth decay caused by this drug. However, this was too little, too late, as the drug had been on the market for almost 20 years without a tooth decay warning for consumers.
This case raises important questions about the responsibility of pharmaceutical companies to fully disclose side effects, especially when the drug in question is used as a long-term treatment for addiction recovery.
How is Suboxone Linked to Dental Health Issues?
Victims who used Suboxone sublingual film to treat opioid dependence are facing significant dental deterioration, tooth and gum injuries, and, in some cases, tooth loss.
A 2012 study by Harvard Medical School highlighted a case where a patient on long-term Suboxone treatment suffered rapid dental deterioration. Researchers suggested that the medication's sublingual delivery and low pH (3.4) may contribute to these dental health problems in patients.
Plaintiffs in the Suboxone lawsuit argue that manufacturers had enough evidence to be aware of the risks but failed to provide adequate warnings, favoring profits over patient safety.
How to Potentially Qualify for the Suboxone Lawsuit
To potentially qualify for the Suboxone tooth decay lawsuit, you must prove the following:
- You used Suboxone sublingual films as prescribed to treat opioid addiction or for pain management before 2022.
- Used prescription Suboxone for at least six months before suffering injuries.
- You experienced severe dental issues beyond the average rate of tooth decay.
- Because of your dental injuries, you sustained monetary damages.
If you meet the above requirements, you may be entitled to compensation. We encourage you to seek legal advice to determine your eligibility. Various factors impact eligibility, and all cases are unique.
To demonstrate that Suboxone directly caused dental problems, plaintiffs must present personalized evidence, such as the victim’s dental records and expert dental assessments. Suboxone-related dental issues include:
- Severe tooth decay
- Tooth loss and extraction
- Dental erosion
- Cracked teeth and increase in cavities
- Injuries to the gum and teeth
- Gingivitis
You must meet the burden of proof, which means there needs to be a clear connection between Indivior’s actions, your dental issues, and your financial losses because of your medical bills. Your compensation eligibility will depend on the medical evidence documented by your provider, as well as your own statements and documentation.
Which Companies are involved in the Suboxone Lawsuit?
The Suboxone lawsuits primarily target Indivior, Inc., a pharmaceutical company specializing in treatments for substance use disorders and serious mental illnesses.
Indivior was originally a division of the British company Reckitt Benckiser, but in 2014, Reckitt spun off Indivior as a separate, publicly traded company. Both Indivior and Reckitt, along with their U.S. operating entities, are named as defendants, although primary liability rests with Indivior.
Another key defendant is Aquestive Therapeutics, a New Jersey-based pharmaceutical company that co-developed Suboxone with Indivior.
How Much Has The Manufacturer Agreeded To Pay?
In October 2023, Indivior agreed to a $385 million settlement to end cases in a multidistrict litigation.
Please note that there is a broad range of what each individual may receive on a per-case basis. We cannot provide you with an accurate estimate of compensation; however, the potential compensation you could receive will depend on the details of your specific case.
We encourage you to start the process of finding out if you may qualify for a Suboxone class action lawsuit. We can help you stay informed and provide you with the latest updates regarding the lawsuit. Subscribe to OnlyClassActions for further details.
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