Judge’s Decision Eases Path for Filing Suboxone Lawsuits
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The judge overseeing the hundreds of Suboxone lawsuits grouped in federal court has issued a new order that could make it easier to file future litigation.
In the latest case management order, Judge Philip Calabrese decided that up to 100 plaintiffs may be added to the litigation through one complaint. This will allow for lawsuits to be filed en masse over claims that Suboxone causes serious dental issues.
There will also only be one filing fee for each complaint, no matter how many claimants are added to it. The new order could help pave the way for a significant boost in the litigation.
Suboxone Linked to Dental Issues
The Food and Drug Administration issued a warning in 2022 for the film version of the drug, which is designed to dissolve in the mouth. The FDA states that Suboxone may have led to cavities, tooth decay, tooth loss and oral infection.
Lawsuits soon followed, with nearly 900 active cases consolidated in federal court as of this month. That’s up from just 44 cases this time last year.
Lawyers continue to accept new Suboxone cases despite statute of limitations laws barring potential plaintiffs from filing in some states.
Suboxone Litigation Remains in Early Stages
Many of the pending lawsuits have been consolidated into multidistrict litigation (MDL), a common legal practice that allows similar lawsuits to move through the legal system together under one judge.
This cuts back on duplication of tasks and can lead to faster results.
The Suboxone lawsuits were first grouped into an MDL in February 2024 and are steadily progressing toward holding bellwether trials.
These trials serve as tests for the larger litigation, with several cases from the MDL selected for trial. The results help both plaintiffs and defendants get a sense of what might happen if more trials were held.
If, for example, Suboxone plaintiffs were to win multiple bellwether trials, the defendants may be motivated to agree to a settlement with other plaintiffs instead of trying individual cases.
Bellwether trials remain far off in the MDL, as lawyers continue to investigate new cases. But the lawsuits are still moving through the process to eventually hold trials.