Do I Qualify for a Suboxone Lawsuit?

Legally Reviewed and Edited by: Terry L. Cochran

Many individuals striving to improve their lives and overcome opioid addiction are often prescribed Suboxone as part of their treatment plan. However, since September 2023, numerous lawsuits have been filed against the manufacturer of Suboxone, alleging that the medication has caused dental problems.

If you are experiencing issues like cavities or damaged teeth and wonder, “Can I still apply for a Suboxone lawsuit?” speak with our product liability attorneys at Cochran, Kroll & Associates, P.C. We can review your case and explain your legal rights and options.

The Opioid Crisis in America

Since the 1990s, the United States has seen an increase in opioid use, mainly due to the overprescription of pain relievers. This trend has unfortunately led to widespread misuse and addiction, affecting millions of Americans.

By 2022, the crisis had escalated, with nearly 108,000 Americans dying from drug-involved overdoses that year. Among them, synthetic opioids like fentanyl proved particularly lethal, accounting for 73,838 deaths.

Over the years, the number of opioid-related fatalities has surged nearly 288%. In response, Suboxone has become a key component in treatment strategies, helping reduce dependence on more harmful opioids and offering a new path toward recovery.

How Suboxone Works

Approved by the FDA in 2002, Suboxone is a medication used to treat opioid addiction. It contains buprenorphine and naloxone, which work together to help individuals reduce their dependence on opioids and lower the risk of misuse. The following explains how it works:

Why Are People Filing Lawsuits Against Suboxone?

While instrumental in the fight against opioid addiction, Suboxone has also been the subject of legal scrutiny. Patients have turned to lawsuits against the manufacturers, claiming unforeseen adverse effects from the medication.

The main reasons why people are filing lawsuits against Suboxone:

• Dental problems. Many plaintiffs claim that Suboxone has caused severe dental problems, including tooth decay and loss, without adequate warning. The dissolvable film form of Suboxone, which is placed under the tongue, exposes teeth to the medication for extended periods, potentially leading to these issues.
  Studies show that sublingual buprenorphine users have nearly twice the rate of dental issues compared to those using transdermal or oral alternatives.
• Insufficient warnings. Lawsuits claim that the manufacturers failed to provide adequate warnings about the potential side effects of Suboxone, particularly concerning its long-term use.
  On January 12, 2022, the FDA issued a warning about Suboxone and required manufacturers to explain the risk of dental issues on packaging and marketing materials. Before this update, product labels or instructions did not mention these side effects.
• Misrepresentation. Plaintiffs argue that the effectiveness and safety of Suboxone were misrepresented by the manufacturers, leading to unexpected health complications and additional addiction problems.
  Studies from nearly a decade ago showed that people who used the medication experienced a higher rate of cavities and cracked teeth. This issue was due to reduced salivary buffering capacity (the ability of saliva to neutralize acids in the mouth) caused by the acidic pH of buprenorphine.
• Dependency issues. Some users have experienced difficulty when trying to discontinue Suboxone, leading to claims that the drug can lead to a new form of dependency, contrary to its intended use as a treatment for drug addiction.

Legal Basis for Suboxone Lawsuits

Understanding the legal basis for existing claims can help determine whether you can apply for a Suboxone lawsuit. The following explains who is involved in the class action lawsuit against Suboxone, the legal basis for claims, and the most recent motions in these cases:

Who: Companies Named in Suboxone Lawsuits

The lawsuits against Suboxone involve Indivior, a specialty pharmaceutical company that manufactures and markets Suboxone, a medication used for treating opioid addiction. Indivior was originally part of Reckitt Benckiser but became an independent company in 2014. The company collaborates with Aquestive Therapeutics, Inc., which produces the sublingual film form of Suboxone.

Indivior has faced various legal challenges related to Suboxone in the past. In 2020, the company was forced to pay $600 million in a settlement with the FDA for false marketing claims. The company was also found guilty of misleading statements about product safety related to the sublingual film, resulting in a $385 million antitrust lawsuit settlement.

Legal Basis: What Doctrines Apply to Suboxone Lawsuits?

When you pursue a Suboxone lawsuit with Cochran, Kroll, & Associates, P.C., our skilled attorneys use fundamental legal principles under product liability laws to bolster your case. These laws ensure that manufacturers are held accountable for their product’s safety.

• Strict liability. This doctrine states that the manufacturer is responsible for damages caused by their product, even if they were not negligent. We can argue that Indivior marketed and sold Suboxone without proper warnings about its dangers, and they are liable for the resulting harm.
• Breach of warranty. Under this doctrine, products must meet certain safety and performance standards. We can show that Indivior breached an implied or express warranty that Suboxone was safe for use by showing that the medication caused unexpected dental harm.
• Negligence. This concept states that the manufacturer must ensure the safety of their product through adequate testing and proper warnings. We can argue that Indivior failed to identify and disclose the potential risks of dental complications associated with Suboxone, breaching their duty of care.

Eligibility Criteria for Filing a Suboxone Lawsuit

To file a claim for damages due to Suboxone use, you must meet several criteria. You can still apply for a Suboxone lawsuit if you can demonstrate the following:

Timeline of Suboxone Lawsuits

The first Suboxone lawsuit was filed in September 2023, marking the beginning of legal actions against the pharmaceutical company behind the medication. Since then, the number of lawsuits has grown, leading to the formation of a Multidistrict Litigation (MDL) in the Northern District of Ohio.

The MDL was established to consolidate the numerous individual lawsuits into a single court for more efficient handling. This process helps streamline pretrial proceedings and ensures consistent rulings across similar cases.

There have been several new developments in the MDL litigation in recent weeks:

• July 20, 2024. Judge Calabrese ordered Indivior to turn over documents from their antitrust litigation, which was resolved in October 2023, and patent litigation, which was settled for $102.5 million. These documents are expected to reveal the marketing tactics and decisions surrounding the sublingual film form of Suboxone, providing crucial evidence for the plaintiffs.
  Both parties were given until August 16, 2024, to negotiate a protocol for exchanging information related to all claimants. The purpose is to ensure that the individual claims represent the larger group within the MDL, helping to make fair decisions for all involved.
• July 28, 2024: Indivior responded to the plaintiff’s revised master complaint and filed a motion to dismiss based on lack of personal jurisdiction. These legal steps are standard procedure, and Indivior rejected all claims made against it.
  The judge also set a status conference for September 4, 2024, during this hearing. Attorneys are expected to discuss a tolling agreement, which would pause the statute of limitations, allowing both parties more time to negotiate and settle the case without rushing through court proceedings.
• Total cases filed. There are now 677 Suboxone tooth decay lawsuits pending in the MDL. Indivior changed the warning label on Suboxone sublingual strips in June 2022, which meant that in states with a two-year statute of limitations, cases had to be filed by June 2024. More cases are expected soon, as states like Michigan, with longer timeframes, must file by June 2025 to meet the deadline.
• Defendant motion. Indivior, Inc. filed a motion for partial dismissal of the Suboxone lawsuits on August 1, 2024. Key arguments include:
  • Design defect preemption. Indivior claims federal law preempts design defect claims, arguing that any design changes would require FDA approval.
  • Failure-to-warn preemption. Indivior argues that federal law preempts failure-to-warn claims at the time of approval and after approval, stating that the FDA’s approval process is the exclusive judge of drug safety.
  • Claims against non-NDA holders. The defendants assert that federal law prohibits non-NDA holders from changing the drug label, meaning claims against other defendants are preempted.
  • Inadequate allegations. Indivior contends that the plaintiff’s allegations are insufficient to state a claim against certain defendants.

How To File for a Suboxone Lawsuit

Engaging in a Suboxone lawsuit involves several steps to ensure that you have a well-supported claim. Below are the typical steps to filing a Suboxone lawsuit:

• Consult an attorney. The first step is to consult a lawyer specializing in product liability and pharmaceutical lawsuits. At Cochran, Kroll, & Associates, P.C., our team offers a free consultation where we can evaluate your case, provide legal advice, and guide you through the process.
• Gather medical records. Collect all your medical records documenting your use of Suboxone and any related dental issues. Keep detailed records of your dental problems, including photographs of the damage, treatment plans, and bills from dental care providers, and share them with your attorney.
• Identify financial impacts. Gather documentation of any financial losses you’ve experienced due to dental issues caused by Suboxone. Your attorney will help you gather and analyze these documents to determine an appropriate settlement amount.
• File a complaint. Your attorney will help you draft and file a legal complaint against the manufacturer, Indivior, and other relevant parties. This document will outline your allegations and the damages you seek.
• Serve the defendants. Once the complaint is filed, it must be formally delivered to the defendants. This process, known as service of process, ensures that the defendants are notified of the lawsuit.
• Participate in discovery. During the discovery phase, both sides will gather and exchange information related to the case. You may be asked to provide documents, answer questions, or participate in depositions.
• Negotiate settlements. Many lawsuits are resolved through settlement negotiations before going to trial. Your attorney will negotiate with the defendants to reach a fair settlement that compensates you for your damages.
• Prepare for trial. Your case may go to trial if a settlement cannot be reached. We will prepare your case, present evidence, and advocate on your behalf in court.

Potential Compensation in a Successful Suboxone Lawsuit

If you suffered harm from Suboxone use, you may be entitled to various types of compensation. We can help you seek the following:

• Medical expenses. Coverage for all past, current, and future medical bills related to dental issues caused by Suboxone. Examples include routine dental check-ups, consultations with dental specialists, and necessary surgical procedures such as gum surgeries or jaw corrections.
• Dental treatments. Payment for specific dental treatments, such as cavity fillings, crowns to cover damaged teeth, root canals for infected teeth, tooth extractions, and dental implants to replace missing teeth.
• Orthodontic work. Reimbursement for orthodontic treatments required due to Suboxone use, such as braces to correct teeth alignment and retainers to maintain teeth position.
• Medications. The cost of prescribed drugs necessary to manage dental problems, including pain relief medications and antibiotics to treat infections.
• Prosthetic devices. Expenses for prosthetic devices, such as dentures and bridges, needed to replace lost teeth and allow proper chewing and speaking.
• Lost wages. Compensation for income lost due to time off work for dental treatments and recovery. This includes wages lost from attending dental appointments and recovering from surgeries.
• Loss of earning capacity. Compensation for the impact on your future ability to work due to dental issues. For instance, if dental problems prevent you from performing your job, you could be compensated for the income loss associated with a necessary career change.
• Pain and suffering. Damages for physical pain and emotional distress resulting from dental problems, including chronic pain from dental issues and the emotional toll of dealing with ongoing dental health problems.
• Emotional distress. Compensation for anxiety, depression, and other emotional issues caused by dental complications, such as the stress of dealing with extensive dental damage and the impact on self-esteem and social interactions.
• Loss of quality of life. Payment for any reduction in your quality of life due to dental issues, such as difficulties in eating, speaking, or engaging in social activities. This covers the embarrassment of missing teeth and the impact on personal and professional life.
• Permanent disability or disfigurement. Damages for permanent disability or disfigurement resulting from dental issues, including alterations to your appearance or chronic dental health problems that affect daily functioning.
• Travel expenses. Reimbursement for travel costs incurred while seeking medical and dental treatments, including mileage, parking fees, and potentially lodging if specialized care requires long-distance travel.

Determining Factors in Compensation Amounts

Damages in product liability cases like Suboxone depend on various considerations. Your attorney will assess the following key elements to determine your potential settlement:

• Severity of dental issues. The extent and seriousness of your dental problems will impact the compensation amount. More severe cases requiring extensive and ongoing treatments will likely result in higher settlements.
  For instance, full tooth replacement with dental implants can cost around $60,000. If you require dental implants, we can include the cost in your total settlement and additional compensation for dental consultations, pain medication, and lost wages from taking time off for the procedure.
• Impact on daily life. We consider the degree to which your dental issues have affected your ability to perform daily activities, such as eating, speaking, and engaging in social interactions.
  Greater disruption to your everyday life can increase the settlement. For instance, if your dental issues make it hard to speak, causing you to avoid hobbies or social events you once loved, we can help you pursue compensation.
• Duration and extent of treatment. The length and complexity of the dental treatments you have undergone and will need in the future are crucial factors. Longer treatment plans with more complex procedures can lead to higher compensation amounts.
• Emotional and psychological effects. We take into account the emotional distress, anxiety, depression, and other psychological impacts resulting from dental issues. Your attorney may use the multiplier method to arrive at a settlement amount that reflects the severity and impact on your quality of life. This involves multiplying your economic damages by a number between 1.5 and 5, depending on their severity.

Risks and Benefits of Filing a Suboxone Lawsuit

Filing a Suboxone lawsuit requires careful consideration. Before proceeding, assess the potential risks and benefits with your attorney.

Estimated Costs of Filing a Suboxone Lawsuit

Many personal injury victims are concerned with the cost of taking legal action against a big-name pharmaceutical manufacturer. If you’re struggling with finances, emotional stress, and the cost of treatment, it’s understandable to worry about paying for legal representation.

At Cochran, Kroll, & Associates, P.C., we believe everyone deserves a fair chance to hold negligent product manufacturers accountable. Our firm works on a contingency fee basis, meaning you pay nothing upfront and we only get paid if you win your case.
This arrangement gives you the following benefits:

• There are no upfront costs. You don’t need to worry about paying out of pocket to start your lawsuit.
• Reduced financial risk. If your case is unsuccessful, you owe nothing, allowing you to take action without worrying about finances.
• Motivated representation. Since our payment depends on your success, we are fully motivated to secure the best possible outcome for you.

Importance of Legal Representation in Suboxone Lawsuits

Legal representation is crucial in Suboxone lawsuits due to their complexity and ongoing legal developments. A skilled attorney can manage these challenges and work to secure the compensation you deserve.

• Specialized experience. Attorneys specializing in pharmaceutical litigation understand the specific laws and regulations related to Suboxone. They can identify the legal grounds for your claim and properly prepare and submit all necessary documentation.
• Case evaluation. An attorney can thoroughly evaluate your case and consider the severity of your dental issues, financial impact, and potential compensation. This helps build a strong case and set realistic expectations.
• Handling complex procedures. Suboxone lawsuits involve complex legal procedures, including discovery, depositions, and court filings. An attorney manages these processes, ensuring deadlines are met, and your case proceeds smoothly.
• Adapting strategies. As Suboxone litigation is ongoing, new developments can arise. A skilled attorney can adapt strategies to respond to these changes, maximizing your chances of a favorable outcome.
• Negotiation skills. Attorneys are skilled negotiators who can handle settlement discussions with Indivior’s legal team. They strive to achieve the best possible settlement without requiring a lengthy trial.
• Representation in court. Should your case go to trial, your attorney will advocate for you in court by presenting evidence, questioning witnesses, and delivering solid arguments to support your case.

Why Work With Our Team?

Choosing Cochran, Kroll, & Associates, P.C. ensures that you have a qualified and experienced team fighting for your rights. When you work with us, you get the following benefits:

• Experienced leadership. Terry Cochran, our leading attorney, has years of trial experience and a strong record of securing multi-million dollar client verdicts. His approach focuses on diligent preparation and keeping clients informed throughout the legal process.
• Medical experience. Eileen Kroll, a senior partner at our firm, combines her legal knowledge with her background as a registered nurse. Her dual expertise allows her to analyze the medical aspects of your case, such as accurately interpreting complex treatment records and consulting with medical experts to build a strong product liability case.
• Proven track record. Our firm has a history of obtaining substantial settlements and verdicts, including a $15.8 million verdict for a birth injury case and a $9 million settlement for a misdiagnosis leading to severe injury. These results demonstrate our commitment to achieving the best possible outcomes for our clients.
• Comprehensive legal support. We handle all aspects of your case, from investigation to trial, ensuring you have the support you need at every step. Our paralegals, legal assistants, and support staff work tirelessly to gather evidence and build a winning case on your behalf.
• Client-centered approach. We prioritize your needs and maintain open, compassionate communication throughout your case. Our team is committed to understanding your situation and ensuring your voice is heard as we work to achieve the best possible outcome.

Get a Free Case Review With Cochran, Kroll, & Associates, P.C.

If you’ve experienced dental injuries from Suboxone use and are considering legal action, contact our team at Cochran, Kroll, & Associates, P.C. We’ll thoroughly review your case, determine if you can still apply for a Suboxone lawsuit, and outline your legal options to pursue a claim against Indivisor. Our attorneys have the resources and expertise to defend your interests and help you receive the compensation you deserve.

Call us at 1-866-MICH-LAW to schedule a confidential, free consultation with one of our personal injury attorneys at Cochran, Kroll, & Associates, P.C. You can also fill out our contact form to get in touch with an experienced accident attorney.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.