Suboxone Lawsuit: Insights on Your Legal Rights
Diving into the world of Suboxone, a crucial player in addiction treatment packed with buprenorphine and naloxone, is our expertise at Ethen Ostroff Law. However, the noble goals of Suboxone have stirred up quite a bit of controversy, stretching from marketing maneuvers to whispers of undisclosed side effects. Right at the heart of this debate is the Suboxone lawsuit, highlighting the need for some serious transparency and accountability in the pharmaceutical industry.
If you or someone close to you has weathered the storm of adverse effects from Suboxone, fear not; Ethen Ostroff Law is here to be your compass through the twists and turns of the Suboxone tooth decay lawsuit journey. We are not just about legal jargon; our unwavering commitment is to arm you with the knowledge of your rights, help you chase down compensation for any damages, and provide that personal touch throughout the legal process. From standard personal injury cases to the intricate details of Suboxone-related issues, our team stands prepared to be your ally in seeking justice.
Suboxone: A Help for Opioid Addiction
Suboxone is a medication crafted to offer understanding and support for those battling opioid addiction. It serves as a valuable tool for doctors striving to guide patients away from opioids. Administered through sublingual films or tablets, Suboxone plays a key role in a thoughtful treatment plan that includes counseling and therapy.
Suboxone combines two active ingredients: buprenorphine and naloxone. Buprenorphine, a partial opioid agonist, gently activates brain receptors associated with opioids, easing withdrawal symptoms and cravings without the overwhelming high. Naloxone, an opioid antagonist, reverses opioid effects, potentially leading to withdrawal if misused.
Originally developed by Reckitt Benckiser, Suboxone gained approval from the United States Food and Drug Administration in 2002. Buprenorphine, approved the same year, is administered underneath the tongue to treat opioid use disorder.
Concerns about Suboxone's Effects on Dental Health
Just like any medication, Suboxone has potential side effects that warrant attention. Studies indicate that sublingual films, which dissolve under the tongue, may contribute to tooth decay and other dental issues due to their acidic nature. Prolonged exposure to this acidity can weaken tooth enamel, leading to painful problems that might require dental procedures like extractions, fillings, or implants. Medical literature has reported cases of tooth decay associated with Suboxone use since 2012. Additionally, the FDA (Food and Drug Administration) has noted hundreds of adverse events related to tooth decay annually, with 40% of these incidents classified as serious.
Potential dental issues with Suboxone include:
- Cracked teeth
- Crown or crown replacement
- Dental caries (loss of enamel, dentine, etc.)
- Gum injuries
- Oral surgeries, like tooth extraction
- Root canal
- Tongue injuries
- Tooth decay
- Tooth fractures
- Tooth loss
Signs of Tooth Decay from Suboxone Use
Understanding signs of tooth decay from Suboxone use means keeping an eye out for the following:
- Cavities and oral infections: Suboxone use may contribute to tooth decay and cavities. Reduced saliva flow and potential lapses in dental hygiene can lead to cavities and oral infections.
- Dry mouth: Suboxone can decrease saliva production, resulting in a dry mouth. This dry environment increases the risk of decay as lingering food particles create a breeding ground for bacteria.
- Sore or fragile teeth: Some may experience immediate soreness or fragility in their teeth. In severe cases, teeth may feel loose or become wobbly.
- Tooth loss: Tooth decay linked to Suboxone use could, in some instances, progress to tooth loss.
Dealing with Dental Issues from Suboxone Use
Here is how to approach dental problems caused by Suboxone use:
- Communication is key: Make sure to share your Suboxone use with both your doctor and dentist. This helps in creating a comprehensive plan to manage potential dental issues promptly.
- Post-procedure pain management: If you need a dental procedure while on Suboxone, work closely with healthcare professionals to develop a plan for managing any pain afterward. This might involve using non-opioid pain relievers or other effective strategies.
- Prioritize oral hygiene: Good oral hygiene is crucial. Stick to regular brushing and flossing to prevent tooth decay and other dental problems associated with Suboxone use.
- Regular checkups matter: Schedule and attend regular dental checkups. This ensures early detection and proper management of any dental problems that may arise from Suboxone use.
The Suboxone Lawsuit
More and more individuals are filing Suboxone lawsuits nationwide. These lawsuits claim the manufacturers behaved wrongly and negligently in various aspects of the product’s development, design, testing, labeling, packaging, promotion, advertising, marketing, distribution, and sale. They specifically argue the manufacturers either knew or should have known that using Suboxone as prescribed could harm teeth due to the acidity of buprenorphine. Despite this knowledge, the plaintiffs assert the manufacturers sold and marketed Suboxone without initially warning about the risks of tooth decay. The plaintiffs are seeking compensation for the costs of dental repairs and treatment.
In January 2022, the FDA issued a public communication warning about tooth decay risks linked to Suboxone. It was only after this FDA warning that the Suboxone makers updated the drug’s warning label to include information about the risk of tooth decay. This situation is seen as a clear example of negligent failure to warn, making the manufacturers potentially liable.
Key Defendants in Suboxone Lawsuit
The main defendants in lawsuits related to Suboxone tooth decay are Indivior, Inc. and its parent company, Reckitt Benckiser. Indivior is responsible for developing and selling Suboxone, a medication used for treating opioid addiction. Although initially part of Reckitt, Indivior became an independent publicly traded company in 2014, focusing specifically on opioid dependency treatment.
The lawsuits against Indivior, Reckitt, and their US affiliates claim that they failed to adequately warn about Suboxone’s risks, including tooth decay, cavities, and dental issues. Furthermore, as highlighted in the final Suboxone monopoly lawsuits, the company was found to be unlawfully suppressing generic competition.
While various companies related to Suboxone are generally involved in these legal actions, Indivior is expected to bear primary responsibility. It is worth noting that Indivior has faced legal issues with US authorities, with the Department of Justice recently indicting the company for participating in an illegal scheme to direct patients to specific doctors prescribing Suboxone and other Indivior drugs. This matter was resolved with Indivior agreeing to pay $102 million in damages to 42 different states.
Legal Issues in Suboxone Lawsuit
In Suboxone lawsuits, people typically bring forth various legal claims based on the harm they have experienced due to Suboxone use. Here are common legal claims seen in Suboxone lawsuits:
Breach of Warranty:
- Express warranty. Stating the manufacturer made promises about Suboxone’s safety or effectiveness that were not fulfilled.
- Implied warranty. Asserting that Suboxone did not meet expected standards for quality or specific purposes.
Fraud and Misrepresentation:
- Concealment of information. Accusing the manufacturer of hiding crucial details about Suboxone’s risks.
- False advertising. Claiming that Suboxone’s advertising contained false or misleading information.
- Inadequate monitoring or treatment. Holding healthcare providers accountable if they did not properly monitor or treat Suboxone users, leading to harm.
- Negligent manufacturing: Claiming Suboxone’s manufacturing process was conducted carelessly, resulting in harm.
- Negligent marketing: Alleging the pharmaceutical company engaged in misleading marketing practices for Suboxone.
- Defective design: Stating that Suboxone had a design flaw making it unreasonably dangerous.
- Failure to warn: Accusing the manufacturer of not adequately warning about potential risks and side effects of Suboxone.
- Manufacturing defect: Alleging the manufacturing process resulted in a defect in the specific Suboxone product consumed.
- Loss of life: In cases where Suboxone use is alleged to have caused an individual’s death.
The specific claims in a Suboxone lawsuit can vary based on each case’s details. Those pursuing legal action can consult with pharmaceutical litigation attorneys to determine the most applicable claims for their situation. Additionally, the legal landscape may evolve, leading to new claims based on emerging evidence or changes in regulations.
Current Status of the Suboxone Tooth Decay Lawsuit
As of October 2023, the Suboxone tooth decay lawsuit is in the early stages. Suboxone lawyers are actively reviewing potential cases, and the legal process is just beginning. Notably, there have not been any settlements or trials specifically addressing dental issues so far. However, it is worth mentioning that Indivior, in separate cases, has already settled for $385 million to settle lawsuits in the U.S. brought by drug wholesalers on claims it illegally suppressed generic competition for its opioid addiction treatment Suboxone, although not related to dental concerns. The situation is dynamic, and updates may occur as the legal proceedings progress.
Suboxone Tooth Decay Lawsuit Updates
- December 13, 2023: The defendants in the Suboxone tooth decay lawsuits recently responded to the request for class action multidistrict litigation (MDL) consolidation. Surprisingly, they agreed to the motion, suggesting the creation of a new Suboxone class action MDL. They propose assigning the MDL to Judge Philip Calabrese in the Northern District of Ohio, with the likely establishment next month.
- December 7, 2023: A new video provides the latest updates on efforts to initiate a Suboxone class action lawsuit, emphasizing how an MDL can exert significant settlement pressure on Indivior. Our legal experts also discuss the main reasons they believe most victims bringing a Suboxone lawsuit will have a compelling case.
- November 27, 2023: Plaintiffs’ legal representatives have petitioned the U.S. Judicial Panel on Multidistrict Litigation to consolidate all federal lawsuits related to Suboxone into a single MDL for streamlined pretrial proceedings. This move could be a game-changer, efficiently managing claims spread across multiple districts nationwide in a potential Suboxone class action lawsuit.
- November 3, 2023: Within the last two weeks, 14 new Suboxone product liability lawsuits have been filed in federal courts against the manufacturer, Indivior. Notably, eight of these were filed in the Northern District of Ohio, which currently holds the most pending Suboxone cases of any district.
- October 30, 2023: Indivior, the manufacturer of Suboxone, is facing a dual legal battle. As tooth decay Suboxone lawsuits continue to rise, Indivior is also defending a False Claims Act lawsuit, accusing the company of an illegal kickback scheme. A federal judge rejected Indivior’s motion to dismiss the case, allowing it to move forward.
- October 24, 2023: Indivior, the maker of Suboxone, has agreed to pay an additional $385 million to settle an antitrust lawsuit, alleging the illegal suppression of generic competition. Claims suggest Indivior introduced a dissolving film tab version of Suboxone to block competition from generic Suboxone tablets, paying a total of $1.3 billion to settle similar lawsuits.
- October 16, 2023: In a new Suboxone tooth decay lawsuit, a man from Geauga County, Ohio, became the latest plaintiff, alleging severe tooth decay after just 16 months on Suboxone. The complaint highlights the lack of awareness about Suboxone causing tooth decay, both for the plaintiff and his doctor.
Is There a Class Action Lawsuit Against Suboxone?
Numerous individual Suboxone lawsuit are currently in progress, involving drug manufacturers or medical providers. Additionally, there is an MDL (multi-district litigation), akin to a class action. Due to the substantial volume of cases related to Suboxone side effects, the MDL consolidates all federal cases to streamline pretrial proceedings. While not formally categorized as a buprenorphine class action lawsuit, the MDL provides a platform for numerous plaintiffs with similar allegations against the defendants to collaborate effectively.
Who Qualifies for a Suboxone Lawsuit?
Individuals who used sublingual films and experienced dental problems may be eligible to file a Suboxone lawsuit. These dental issues include:
- Broken teeth
- Jawbone deterioration
- Other significant tooth problems
- Required dental implants
- Severe tooth decay
- Tooth extractions
- Tooth loss
- Underwent oral surgery
Previous Legal Actions Against Indivior and Reckitt Benckiser
Indivior aimed to protect the patent protection of Suboxone, maintaining exclusive rights to manufacture and sell the drug. To sustain its monopoly, the company altered the dosage form.
In 2016, the Department of Justice sued Reckitt Benckiser for violating the Sherman Act, prohibiting monopolistic practices. The lawsuit concluded with a $102.5 million Suboxone settlement involving Indivior.
On April 9, 2019, a Virginia federal grand jury indicted Indivior for orchestrating a national scheme to unlawfully boost Suboxone sales. This legal action resulted in Reckitt Benckiser paying over $1.4 billion to the federal government, various states, and the Federal Trade Commission.
By October 2023, Indivior reported settling for $385 million with several states, insurance companies, and other direct purchasers to address specific antitrust and class action claims.
The MDL trial, initially scheduled for October 30, has been postponed as the Court reviews the proposed settlement.
Why Are Individuals Filing Suboxone Lawsuits?
People who have encountered tooth decay, cavities, or tooth loss due to Suboxone usage may qualify for a Suboxone tooth decay lawsuit. Certain individuals had to undergo procedures like crowns, implants, or dentures to address the harm, alleging that the drug manufacturers did not adequately warn them about potential risks to their teeth.
Legal Rights and Compensation for Individuals Affected
If you or a loved one has faced adverse effects from Suboxone, understanding your legal rights is crucial. You have the right to seek compensation for the damages endured. The amount of compensation in Suboxone lawsuits can vary, depending on factors like the severity of harm, specific legal claims, and individual circumstances. Compensation may cover:
- Legal fees and costs: Prevailing parties may be awarded reimbursement for attorney’s fees and other legal costs.
- Lost income: Compensation for income lost due to Suboxone-related harm, including past and future lost wages.
- Medical expenses: Reimbursement for past and future medical costs related to Suboxone-induced injuries.
- Pain and suffering: Non-economic damages for emotional distress, loss of enjoyment of life, and physical pain.
- Punitive damages: Awarded in egregious cases to punish and deter similar conduct.
- Wrongful death damages: In cases of death due to Suboxone use, compensation may include funeral expenses, loss of companionship, and related damages.
Taking legal action can offer support and hold responsible parties accountable. Lawsuit outcomes vary, and not all individuals receive the same compensation. Suboxone settlements, common in pharmaceutical litigation, may also impact the final amount. Consulting experienced attorneys specializing in pharmaceutical litigation is advisable for a case evaluation and potential compensation estimate.
How to Pursue a Suboxone Tooth Decay Lawsuit
If you suspect Suboxone caused your tooth decay and are contemplating legal action, follow this simplified guide:
- Visit a dentist: Have your tooth decay assessed and documented by a dentist; this evidence is vital for your case.
- Gather records: Collect all relevant medical and dental records detailing Suboxone use and the onset of tooth decay.
- Find an attorney: Seek an experienced pharmaceutical attorney to understand your options and navigate the legal process.
- Share information: Inform your attorney about your medical history, Suboxone use, tooth decay, and any communication with healthcare professionals.
- Identify damages: Collaborate with your attorney to list damages, including medical expenses, ongoing treatments, and pain and suffering.
- Build your case: Your attorney will investigate, review records, and gather evidence to strengthen your case.
- Determine legal claims: Work with your attorney to identify legal claims against the Suboxone manufacturer, such as failure to warn or negligence.
- Negotiate or sue: Your attorney may negotiate for a settlement; if not, they might advise filing a lawsuit.
- Legal process: If your case proceeds to court, your attorney will guide you through steps like discovery and, if necessary, trial.
- Potential compensation: If successful, you may receive compensation for medical expenses, pain, suffering, and other damages determined by the court.
Every case is unique, and seeking advice from a qualified Suboxone lawsuit attorney is crucial for personalized guidance.
Suboxone Dental Problems Lawsuit Settlements
Several settlements have been reached in Suboxone lawsuits:
- In May 2021, the Federal Trade Commission resolved false marketing claims related to Suboxone with a $60 million agreement.
- In August 2023, Indivior settled for $30 million with healthcare plans that had filed a lawsuit against the company.
- In October 2023, Indivior agreed to pay $385 million to settle monopoly lawsuits by drug wholesalers, alleging the illegal suppression of generic competition for Suboxone.
However, there have not been any settlements for Suboxone tooth decay lawsuits. If you have experienced dental injuries due to Suboxone use, you may be eligible for compensation through a Suboxone lawsuit payout. Consult with a Suboxone lawsuit attorney to assess your case and determine the best course of action.
Choosing Ethen Ostroff Law
Navigating a Suboxone lawsuit can be a challenging journey, but understanding your rights and having the right legal support can make all the difference. If you or a loved one has faced dental issues or other complications linked to Suboxone use, remember that seeking justice is your right. At every step, your voice matters, and at Ethen Ostroff Law, we are here to ensure its heard. Do not hesitate to reach out—we specialize in personal injury cases, including those related to Suboxone. Your path to justice begins with a conversation. Contact us at 610-510-8883 for a free consultation.