Updated for August 2024
Suboxone is used to help with opioid withdrawal and reduce the risk of relapse in people struggling with opioid use disorder. Indivior, the manufacturer of Suboxone, is embroiled in yet another legal conflict over this partial opioid agonist. Suboxone users are challenging Indivior by filing product liability lawsuits after the company’s sublingually administered drug caused devastating tooth decay.
You may be like many plaintiffs struggling to afford medical treatment, enduring painful dental issues, experiencing emotional distress, and incurring other financial losses. If so, you probably have concerns about how much you can get from a Suboxone settlement.
At Dolman Law Group, we are dedicated to going above and beyond for our clients to ensure they recover the compensation they deserve. If you have questions about a Suboxone case, reach out to us at (727) 451-6900 or fill out our online contact form to schedule a free consultation. We look forward to discussing the details of your Suboxone tooth decay claim with you.
How Does Suboxone Cause Tooth Decay?
August 2024 Update on Suboxone Lawsuit Settlements
When is the earliest victims can reasonably expect a Suboxone settlement?
There is some discussion here and there regarding early settlement talks for the Suboxone MDL. Will there be a settlement in the Suboxone tooth decay lawsuit soon? We doubt it. Indivior is unlikely to seriously consider settlement before June 2025 at the earliest.
Why June 2025?
Both sides of the MDL are discussing a Tolling Agreement that would give injured plaintiffs until a specific date in 2025 to file their claims. Once that deadline has been established, no additional claims may be brought against Indivior for injuries related to Suboxone use. At that time, the defendant will know the full extent of its potential liability.
As a result, we predict that settlement discussions for the Suboxone MDL will not begin until June 2025 because this is when the anticipated statute of limitations will have passed, and that is a big part of the defense's strategy. Indivior knows that if they settle any cases before then, the news of a settlement could trigger a surge of new claims.
In mass tort cases like the Suboxone MDL, defendants often prefer to wait until the statute of limitations for most lawsuits has expired. This strategy helps minimize overall liability by capping the number of claims they need to address.
By delaying settlement, defendants can avoid the risk of additional claims being filed and discourage potential plaintiffs who have not yet hired a lawyer but might be motivated by news of a settlement.
It's a crappy and shady tactic, but there you have it. Nobody still believes these pharmaceutical companies have the best interest of their patients in mind, right? Because if they did, they would not be playing games that aim to limit helping people they hurt. Plain and simple.
How is a Suboxone Settlement Amount Determined?
The value of a settlement is determined by evaluating the monetary worth of the plaintiff’s damages. To make this assessment, we consider each Suboxone plaintiff’s individual circumstances and the impact of tooth decay on their career, lifestyle, health, and quality of life. That means it is difficult to assign an exact dollar amount to a Suboxone settlement without knowing the specifics of your case.
Generally speaking, a Suboxone plaintiff could anticipate recovering between $50,000 and $150,000, given the high costs of dental work and the ongoing implications for their quality of life.
What are Suboxone Tooth Decay Economic Damages?
Depending on the extent of your dental issues, you may need extensive repair work, including cavity fillings, oral surgery, dentures, or implants. The cost associated with treating tooth decay can present a financial challenge for many families in the form of medical bills and lost wages from attending appointments. The monetary cost of Suboxone dental injuries can be compensated as economic damages in a product liability lawsuit.
Are There Potential Suboxone Non-Economic Damages?
Additionally, plaintiffs can seek compensation for non-economic damages for the intangible and emotional losses resulting from their Suboxone-related dental problems. Tooth decay almost invariably involves pain and sensitivity, which can affect an individual’s ability to concentrate at work, speak and eat without discomfort, and socialize freely. It is not uncommon for people with tooth decay to become more withdrawn due to shame and fear of judgment.
This can translate into serious costs, such as missing out on a promotion at work because your self-consciousness about your dental issues hindered you from taking the initiative with customers. Suboxone users with tooth decay may also struggle with mental health issues like depression or anxiety stemming from chronic pain and low self-esteem.
Other Factors That May Affect the Value of Your Suboxone Dental Decay Settlement
Although Suboxone plaintiffs have the burden of proof for establishing liability and the value of their damages, they may benefit from Indivior’s prior indiscretions. Indivior, the manufacturer of Suboxone, has a number of credibility issues as a defendant, including multiple other legal issues. Most recently, Indivior faced legal action based on its attempt to exploit its Orphan Drug designation from the FDA to create an illegal monopoly.
Suboxone was first introduced in the U.S. in 2002 under the FDA’s Orphan Drug policy. The Orphan Drug Law allows a drug manufacturer to maintain market exclusivity for 7 years for providing medication to an unaddressed demographic, after which competitors can introduce generic versions, usually at more affordable price points.
Indivior circumvented this limitation by making minor alterations to their product, changing the oral pill-form of the drug to a sublingual film that is placed under the tongue until it dissolves. The company settled its antitrust claims for $385 million in October 2023. However, Indivior’s legal woes are not limited to antitrust violations.
In 2020, the company paid $600 million to settle claims that accused Indivior of false advertising. The U.S. government contended that Indivior’s characterization of their sublingual film version of Suboxone constituted fraudulent marketing because there was insufficient evidence to support the company’s assertions that the updated product was safer for users and less likely to be abused.
We now know that the sublingual film version of Suboxone is also responsible for severe dental injuries, reaffirming Indivior’s reputation as an unreliable source.
How Does A Settlement Work in a Mass Tort?
The settlement process in a Multidistrict Litigation (MDL) is a complex and multi-step procedure that is meant to help resolve a large number of lawsuits efficiently. Here's a general overview of how it typically works so that you can at least understand what to expect. Your attorney can tell you more about your specific lawsuit if you have any questions. Or you can contact Dolman Law Group on our contact page.
After the MLD is formed, the discovery phase is complete, and the test trials (known as bellwether trials) have concluded, settlement negotiations usually begin.
During the bellwether trials, the attorneys from both sides will get a good understanding of how these cases are going to play out, both with the Judge and with a jury. With this knowledge, they know where they stand in future negotiations based on how strong they believe their case is and how likely they would be—or wouldn't be—if the case went to trial.
Settlement Negotiations
- Initiation of Negotiations: Settlement talks can happen at any time during the case, even before bellwether trials if the two parties are open to it, but they often gain momentum once the bellwether trials are over. Sometimes, settlement talks happen through direct negotiation, and other times, they occur through mediation.
- Global Settlement Talks: In large MDLs, like the Suboxone MDL, the parties usually negotiate what is known as a global settlement that will resolve all, or at least most, of the cases in the MDL. Global settlements are usually structured so that there are tiers where compensation is allocated based on the severity of each plaintiff's injuries.
Master Settlement Agreement
- Terms of the Agreement: If a global settlement is reached, the parties draft a Master Settlement Agreement (MSA). The MSA outlines the settlement terms, including compensation amounts, the process for distributing funds, and any conditions plaintiffs must meet to participate in the settlement.
- Opt-In Process: Plaintiffs in the MDL are typically given the option to opt into the global settlement. Those who opt in must agree to the terms of the MSA and waive their right to pursue further litigation against the defendants.
- Refusing Global Settlement: Those who believe that their case is much stronger than what is being offered in the settlement, or for particularly severe cases, the plaintiff and their attorney may decide not to join the global settlement and instead continue their case independently. This means they will continue to pursue their claim through litigation, which will potentially lead to a trial, or a separate settlement will be reached with the defendant (Indivor). This route is rare, but when it does occur, it's usually for a good reason. There are some risks, like the possibility of losing their case or receiving a smaller settlement. However, if your attorney recommends this route, it's probably for good reason, otherwise the global settlement is the way to go.
Approval by the Court
- Judicial Review: The judge overseeing the MDL will then review the settlement agreement to ensure it is fair, reasonable, and adequate for the plaintiffs. If the judge approves the settlement, it becomes binding, and the process of distributing settlement funds to the plaintiffs begins.
Distribution of Settlement Funds
- Allocation: Settlement funds are allocated according to the terms of the MSA. Plaintiffs may receive compensation based on various factors, such as the severity of their injuries, the strength of their claims, and other relevant criteria.
- Payment: Once the allocations are determined, payments are made to the plaintiffs. This process can take time, especially in large MDLs like the Suboxone lawsuits that can have tens of thousands of plaintiffs.
- Dismissal or Continued Litigation: Cases that are not settled may continue to trial or be dismissed. In some instances, non-settling plaintiffs may proceed with individual trials, either within the MDL or in their original jurisdictions.
Appeals and Final Resolution
- Appeals: Parties may appeal certain rulings or aspects of the settlement, but these are generally limited once a global settlement is approved.
- Conclusion: The MDL is concluded once all cases are resolved, either through settlement, dismissal, or trial.
In the Suboxone MDL, we do not expect serious settlement talks to occur until mid-2025 at the earliest. At this time, the Suboxone case is still undergoing discovery and initial pre-trial issues. We expect that some bellwether trials will begin this year.
Ways to Protect Your Suboxone Tooth Decay Settlement
While you can’t necessarily increase the worth of your potential settlement, you can take steps to prevent reducing its value so you have the best chance at recovering the maximum amount possible for your Suboxone tooth decay lawsuit. This starts with making an effort to practice good dental hygiene, attending dentist appointments, and addressing dental emergencies promptly, even if you continue to experience tooth decay from using Suboxone sublingual film.
Taking care of your dental health preempts arguments from the insurance company that your tooth decay is entirely your fault, that you allowed your teeth to deteriorate to secure a more significant settlement, or that you exaggerated your dental issues to inflate the value of your injury claim.
Work With an Experienced Product Liability Lawyer for Your Suboxone Lawsuit
Another way to safeguard your settlement is to engage a skilled product liability attorney to advocate for your rights, provide an accurate evaluation of your claim’s value, and adeptly negotiate for the maximum compensation possible.
Look for a skilled personal injury attorney who has the time necessary for a mass tort claim, makes themself accessible to you, and has a background in handling defective drug claims. These are good indications that they are qualified to properly investigate your claim to obtain evidence of your injuries and subsequent damages. You can support this process by keeping records of your losses, such as bills, journal entries, and medical documents, as this kind of information can support the financial value of your damages.
The Benefits of Hiring the Suboxone Lawyers of Dolman Law Group
When it comes to complex and sensitive legal matters, there is no team more qualified than our Suboxone tooth decay lawyers here at Dolman Law Group. We have successfully recovered maximum compensation on behalf of our injured clients for many years based on our reliable work ethic, diligent and detail-oriented approach, and client-centered perspective.
Our team has an established background in product liability lawsuits for defective medications, which has allowed us to hone our skills in this area and secure outstanding results. We can also offer access to resources like expert witnesses and investigators, administrative support for the paperwork required to file a Suboxone tooth decay claim, and the benefit of our unrivaled negotiating skills.
Contact Dolman Law Group For Help With Your Suboxone Tooth Decay Lawsuit
The persistent stigma around tooth decay and other dental issues can make it difficult to seek help. At Dolman Law Group, we recognize the effort it takes to overcome this self-doubt, concerns about the work of filing a personal injury lawsuit, and the interference in daily responsibilities. We want to make your experience as stress-free as possible so that you can focus on your health while we advocate for fair compensation for your Suboxone dental decay claim.
Don’t hesitate to reach out to us at (727) 451-6900 or fill out our online contact form to schedule a free consultation with one of our Suboxone tooth decay lawyers. Our team of seasoned product liability attorneys will outline the steps of the personal injury claims process, identify which damages you may be eligible to claim, discuss the services that we offer, and address any concerns you may have.
Why is Suboxone Being Sued?
What is the Reason for the Suboxone Tooth Decay Lawsuits?
Suboxone, a medication used to treat opioid addiction, has become the subject of numerous lawsuits due to its alleged link to severe tooth decay.
Plaintiffs claim that the drug's manufacturer, Indivior, failed to adequately warn consumers and healthcare providers about the potential risks for serious dental injuries, including complete tooth loss.
The lawsuits allege that the acidic nature of Suboxone, along with other factors, contributes to tooth erosion and decay, leading to significant dental problems for many users.
The central allegation is that Indivior was aware of this risk but withheld information from the public, allowing the issue to persist for an extended period.
What is the Evidence for Suboxone Causing Tooth Damage?
There have been reports, scientific studies, and scientific testing that show a connection between Suboxone and tooth decay. Here's a closer look at the evidence:
Patient Reports
Widespread Anecdotal Evidence: Many people taking Suboxone have reported serious dental problems like tooth decay, severe damage, and tooth loss. These personal stories have helped to raise awareness and spark more investigations into how Suboxone affects dental health.
Forums and Support Groups: Online communities and support groups for those recovering from opioid addiction frequently discuss dental issues related to Suboxone. When scrolling through a message board about opioid abuse, Suboxone, MAT drug treatment, and tooth decay, it comes up all the time, suggesting that this is a pattern that Suboxone users are experiencing.
Dry Mouth Side Effect
Saliva Production Reduction: Suboxone is taken under the tongue (sublingually), which can reduce saliva production. Saliva is important for oral health because it neutralizes acids from bacteria, washes away food particles, and contains substances that fight mouth diseases.
Consequences of Dry Mouth: When saliva production drops, it can lead to dry mouth (xerostomia), increasing the risk of tooth decay, gum disease, and oral infections. Patients often experience more cavities, tooth loss, and other dental problems when they suffer from prolonged periods of dry mouth, which using Suboxone for months or years can definitely cause.
How long does it take for Suboxone to cause tooth decay?
Based on the hundreds of cases reported to the FDA by people who used sublingual Suboxone and suffered severe tooth decay, the average time was two years of regular (likely daily) exposure to sublingual Suboxone films.
What is the status of the Suboxone MDL?
The cases in the Suboxone MDL are currently consolidated in the United States District Court for the Eastern District of Pennsylvania. As of August 2024, the litigation process is still at the discovery and pretrial motions phase. For more updates, check out our Suboxone MDL Updates page.
Do I have to pay anything upfront to join the Suboxone MDL?
The Suboxone MDL is just like other personal injury lawsuits, meaning that attorneys work on a contingency fee basis. S,o no, you would not need to pay anything upfront. Instead, your attorney would represent you for no initial cost and instead would get paid if you are awarded compensation in your Suboxone lawsuit.
Who can file a Suboxone lawsuit?
Individuals who have used Suboxone films for an extended period of time and who have experienced severe dental problems, such as severe decay, tooth loss, or total tooth loss, may be eligible to file a lawsuit. However, specific eligibility can only be determined by contacting an attorney and speaking with them. Use our contact page or call 727-451-6900 to speak with Suboxone lawyer Matt Dolman.
You can learn more by reading this Suboxone Lawsuit FAQ page.