What Patients and Families Should Know About the Suboxone Multidistrict Litigation (MDL)

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Hundreds of federal Suboxone lawsuits filed across the country against Indivior, Inc. have been consolidated into multidistrict litigation (MDL) instead of having a Suboxone class action lawsuit. This MDL is in the United States District Court for the Northern District of Ohio and is moving forward at pace, and the judge presiding over the Suboxone tooth decay MDL has already issued several rulings indicating that he intends to keep the litigation on track for a timely trial (assuming the parties do not settle beforehand).

If you have filed a Suboxone lawsuit, or if you are thinking about filing a Suboxone tooth decay lawsuit, what else do you need to know? When dealing with serious complications from any prescription drug, it is critical to ensure that you are making informed decisions about your legal rights. While this is easier said than done, help is available, and you can hire a Suboxone lawyer to assess your legal rights at no out-of-pocket cost.

“The number of Suboxone lawsuits filed against Indivior Inc. is continuing to increase weekly, and we are starting to see an increase in the rate of new Suboxone lawsuits as well. For patients and families who have questions about their legal rights, the time to take action is now.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.

Even though the Suboxone MDL is now well underway, patients and families who were prescribed Suboxone film and who have not yet filed Suboxone tooth decay claims against Indivior, Inc. still have time to do so within the statute of limitations. Additionally, for those who have filed Suboxone tooth decay lawsuits already, it will be important to stay up-to-date and remain actively involved in the Suboxone tooth decay litigation. With this in mind, here is some important information about the Suboxone MDL for patients and their families:

The Health Risks Linked to Suboxone Are Well-Known

The health risks linked to prescription Suboxone film are well-known—and they have been for a long time. When the FDA approved Suboxone, it identified several adverse reactions associated with oral administration of the opioid addiction treatment and chronic pain management drug, including: constipation, glossodynia, headaches, hyperhidrosis, insomnia, nausea, peripheral edema, oral hypoesthesia, oral mucosal erythema, vomiting, and signs and symptoms of withdrawal. This was true even though preventing the signs and symptoms of withdrawal was one of the primary purposes for which Suboxone was approved.

After Suboxone’s approval, however, additional concerns quickly started to emerge. By 2021, there were several studies and articles pointing to potentially serious health risks and dental injuries not disclosed on Suboxone’s labeling; and, in 2022, the FDA issued a warning about these health risks. In a January 12, 2022 Drug Safety Communication, the FDA wrote:

“[D]ental problems have been reported with medicines containing buprenorphine [the generic name for Suboxone] that are dissolved in the mouth. The dental problems, including tooth decay, cavities, oral infections, and loss of teeth, can be serious and have been reported even in patients with no history of dental issues.”

Despite these concerns, the FDA continued to recommend Suboxone as an effective tool for medication-assisted treatment (MAT) of opioid addiction. Noting that MAT, “has been shown to be effective in improving patient survival, decreasing opioid use, and allowing patients to live a self-directed life,” the FDA ultimately concluded that “the benefits of [Suboxone] clearly outweigh the risks.”

As time goes on, this advice is appearing increasingly misguided. Through the Suboxone MDL, hundreds of patients and families have come forward with stories about how Suboxone’s harmful effects have drastically altered their lives. Patients who were prescribed Suboxone sublingual films to treat opioid addiction and have suffered severe tooth decay, severe dental injuries, tooth abscesses, cracked teeth, and other harmful effects of buprenorphine medications have also reported experiencing consequences including:

  • Dental surgeries and tooth extractions resulting in oral limitations and disfigurement
  • Emotional trauma and post-traumatic stress
  • Loss of sex drive and intimacy
  • Severe and chronic pain
  • Exorbitant medical bills and other financial and non-financial losses

Not only are the dental health risks linked to Suboxone well-known to the public today, but it also appears that they were well-known to Indivior, Inc. and its predecessors for years. At the very least, these companies should have known that Suboxone presented serious risks for oral complications and other dental injuries. Yet, they continued to sell Suboxone without disclosing these risks—and this “failure to warn” is now at the center of the Suboxone MDL.

Suboxone Is Not Subject to a Recall (But This Doesn’t Matter for Your Legal Rights)

If you’ve been searching for information about a Suboxone recall online, your search may have ended in vain. This is because, to date, a Suboxone recall has not been issued. However, while Indivior, Inc. may not be recalling Suboxone, this does not impact your legal rights.

A recall is not necessary to have a Suboxone lawsuit filed. In fact, the majority of product-related lawsuits (including lawsuits involving dangerous and defective drugs) do not involve products that have been recalled. Even though Indivior, Inc. may not publicly be acknowledging the risks associated with Suboxone, plaintiffs in the Suboxone MDL can gain access to the company’s internal records through the discovery process. If these records reveal that Indivior, Inc. and its predecessors were aware of the risks associated with Suboxone—as many Suboxone lawyers and court watchers are predicting—this will strengthen the plaintiffs’ claims in the Suboxone litigation. However, this evidence is not strictly necessary, as the “strict liability” nature of product liability laws in the United States holds companies accountable simply by virtue of putting defective drugs on healthcare providers’ and pharmacies’ shelves.

While the FDA Still Recommends Suboxone, Many Experts Disagree

It is worth noting that while the FDA still recommends Suboxone to treat opioid dependence, many experts disagree—including experts advising plaintiffs’ lawyers in the Suboxone MDL. While the sublingual buprenorphine may be effective at treating opioid addiction and chronic pain for some patients, its serious health risks require careful consideration. This, combined with the fact that there are alternative treatment options available for both opioid addiction and chronic pain management, means that anyone who is currently using Suboxone (or who is thinking about taking Suboxone) should consult with their doctor to make an informed decision about their treatment options.

Treatment for Complications from Suboxone Can Be Expensive

For patients who experience severe dental and oral complications from Suboxone, treatment can be extraordinarily expensive. The cost of treatment is what causes most people to start thinking about filing a Suboxone lawsuit. Even if you have health insurance, you could still end up being personally responsible for thousands—if not tens of thousands—of dollars in liability that your plan doesn’t cover.

Along with medical bills, seeking treatment for complications from Suboxone can lead to other costs as well. For example, many people will be unable to work due to their pain, or they will need to take time off from work during the recovery process. If you experience a loss of income (or other costs) due to complications from Suboxone, you can seek to recover these costs in your lawsuit as well.

Complications from Suboxone Can Also Have Serious Psychological Effects

In addition to physical and financial effects, complications from Suboxone can have serious psychological effects as well. Finding out that a medication you were taking to make yourself better was actually making you worse can be devastating. Living with severe pain, losing teeth, undergoing surgery, losing interest in intimacy, and experiencing other adverse consequences can also take a severe emotional toll. These are also losses for which patients and their families can—and should—seek just compensation when filing a Suboxone lawsuit.

If You or Your Loved One was Recently Diagnosed, You Should Still Have Time to File

How long do you have to file a Suboxone lawsuit? The short answer is, “It depends.” But, if you or your loved one was recently diagnosed with complications from Suboxone, you should still have time to file. With that said, you do not want to wait any longer than necessary; and, if you think you may have a claim, it is in your best interests to speak with a Suboxone attorney promptly.

Filing a Suboxone Lawsuit Costs Nothing Out of Pocket

If you have a Suboxone lawsuit, hiring a Suboxone lawyer should cost you nothing out of pocket. In these types of cases, lawyers generally provide representation on a contingency-fee basis. With contingency-fee representation, your legal fees (if any) are calculated as a percentage of your Suboxone settlement or verdict if your lawsuit is successful.

Talking to a Suboxone Lawyer is the First Step

With all of this in mind, if you think you may have a Suboxone lawsuit, talking to a Suboxone attorney is the first step toward seeking the financial compensation you deserve. A lawyer who is actively pursuing Suboxone teeth lawsuits will be able to efficiently assess your legal rights and help you make informed decisions about your next steps. Since talking to a Suboxone lawyer in this situation is free, you have no reason not to ensure that you are doing the right thing for you and your family.

Likewise, if you have concerns that your Suboxone lawsuit isn’t being handled appropriately, you should not hesitate to contact another Suboxone attorney for advice. The outcome of your lawsuit could impact your life (either positively or negatively) for years to come. If your current Suboxone lawyer has missed deadlines, if you can’t get in touch when you need to, or if you have any other cause for concern, you are well within your rights to ensure that you are receiving competent legal representation.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Oberheiden P.C.

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