Suboxone Tooth Loss Lawsuits Reviewed at MDL Meeting

Suboxone Tooth Loss Lawsuits Reviewed at MDL Meeting

Introduction

The U.S. District Judge overseeing the federal Suboxone tooth decay multidistrict litigation (MDL) is scheduled to meet with attorneys tomorrow to assess the progress of pretrial proceedings and strategize on resolving over 11,000 product liability claims.

These lawsuits allege that Suboxone, an opioid addiction treatment, has led to severe dental issues, including tooth decay and loss.

Background on Suboxone and Dental Concerns

Suboxone, comprising buprenorphine and naloxone, was approved by the FDA in 2002 to aid individuals recovering from opioid addiction. Initially available in tablet form, it was later introduced as sublingual film strips designed to dissolve under the tongue. However, reports of dental problems, such as cavities, tooth erosion, and tooth loss, emerged, leading the FDA to mandate a warning label update in June 2022. Patients claim that earlier warnings could have prevented these adverse effects.

Centralization and the Schedule A Filings

In response to the growing number of lawsuits, the Judicial Panel on Multidistrict Litigation centralized the cases in the Northern District of Ohio under Judge J. Philip Calabrese. To manage the influx, especially from states with a two-year statute of limitations, the court permitted the filing of bundled complaints, known as Schedule A cases, encompassing approximately 9,600 plaintiffs. These filings allowed individuals time to gather necessary documentation while preserving their claims.​

Census Protocols and Bellwether Trials

To streamline the litigation, Judge Calabrese has implemented a census protocol requiring plaintiffs to submit detailed information about their claims, including medical records and product identification. This process aims to identify representative cases for bellwether trials, which serve as test cases to gauge jury responses and facilitate potential settlements. While some unqualified claims have been dismissed, the majority remain active, and efforts continue to ensure compliance with the census requirements.

Upcoming Status Conference and Future Proceedings

During the forthcoming status conference, discussions will focus on the progress of the census, challenges in obtaining medical records, and the selection of bellwether cases. The court has also addressed issues with healthcare providers who have not complied with document production orders, emphasizing the importance of timely evidence gathering. As the litigation advances, these bellwether trials will play a crucial role in determining the direction of the remaining cases and the potential for settlements.

Anticipated Increase in Filings

With the three-year anniversary of the FDA's warning label update approaching in June 2025, an increase in filings is expected, particularly from states with a three-year statute of limitations. To accommodate this, the court has allowed up to 100 plaintiffs to be included in a single complaint, streamlining the process and reducing filing fees. This measure aims to manage the anticipated surge efficiently while ensuring that claimants have the opportunity to pursue their cases.

As the MDL progresses, the outcomes of the bellwether trials will be instrumental in shaping the resolution of the Suboxone tooth decay lawsuits, potentially influencing settlement negotiations and the handling of future claims.