Suboxone Lawyers Deadlock on Bellwether Case Selection

Suboxone Lawyers Deadlock on Bellwether Case Selection

Introduction

Suboxone tooth decay lawsuits have hit another roadblock, as attorneys struggle to agree on a process for selecting bellwether cases.

These early test trials aim to facilitate settlements and prevent thousands of lawsuits from going to trial individually.

Multidistrict Litigation (MDL) and Bellwether Trial Selection

Currently, more than 11,000 former Suboxone users are suing the drug maker, alleging that the opioid addiction treatment caused severe tooth decay. Suboxone film, introduced in 2010, has been linked to enamel degradation, resulting in broken or lost teeth and costly dental procedures. In June 2022, the FDA mandated a warning label update after receiving hundreds of complaints. However, plaintiffs argue that earlier warnings could have prevented irreversible damage.

Impasse Over Case Selection Process

Since February 2024, all Suboxone tooth decay lawsuits have been consolidated in a multidistrict litigation (MDL) before a U.S. District Judge in the Northern District of Ohio for coordinated pretrial proceedings. The judge instructed both parties to identify a small set of representative cases for early bellwether trials, which will help gauge jury reactions and potentially drive settlement discussions. Without a resolution, thousands of costly individual trials may be required.

Discovery Delays and Plaintiff Concerns

However, according to a February 5 update from the Plaintiffs’ Leadership Committee (PLC), the parties have reached an impasse over selecting bellwether cases. The dispute stems partly from delays in the defendant’s discovery process. The PLC argues that the defendant has not produced meaningful discovery materials and is using a slow “piecemeal” approach that hinders case preparation. They claim that the defendants’ “rolling production” of documents makes it impossible to prepare for corporate depositions, delaying litigation further.

Plaintiffs’ Proposed Bellwether Selection Plan

With no agreement in sight, plaintiffs have submitted their own bellwether selection plan. They propose selecting cases filed on or before October 7, 2024, with 100 randomly chosen for case-specific discovery. This pool would then be narrowed to 40 cases—15 selected by plaintiffs, 15 by defendants, and 10 randomly chosen. After further discovery, each side would pick three final cases for bellwether trials by August 3, 2026.

Potential Impact of Bellwether Trials on Settlements

While bellwether trial results will not be binding, they will set a precedent for future jury awards and could significantly impact Suboxone tooth decay settlement negotiations. If no resolution is reached, individual cases may proceed to trial nationwide.