Lawyers Preparing 35 Suboxone Tooth Decay Lawsuits in Core Discovery Pool

Key interviews are now underway for plaintiffs whose Suboxone tooth decay lawsuits could ultimately be selected for the first federal bellwether trials.

Dozens of Suboxone tooth decay lawsuits are currently being worked up as potential early test cases, which are expected to help both sides evaluate the strengths and weaknesses of the claims before thousands of similar lawsuits move closer to trial.

Suboxone is an opioid addiction treatment designed to reduce cravings and withdrawal symptoms as individuals stop using more powerful opioids. First approved in tablet form in 2002, the drug was later reformulated as a dissolvable film strip that is placed under the tongue or inside the cheek.

That film formulation has since become the focus of concerns over serious dental injuries. Plaintiffs allege the medication’s acidic properties, combined with prolonged contact with the teeth and mouth, can contribute to enamel erosion, tooth decay and other Suboxone side effects.

Reports of dental problems accumulated over time, and in June 2022 the U.S. Food and Drug Administration required new warnings about the risk of tooth decay, cavities, oral infections and tooth loss associated with buprenorphine medicines that dissolve in the mouth.

Even before the FDA warning, a series of Suboxone tooth decay lawsuits had already been filed by individuals who say they suffered severe dental damage after using the film strips. The claims allege Indivior knew or should have known about the risks earlier, but failed to provide adequate warnings to users and doctors.

As the number of cases increased, each of the claims filed in federal court were centralized in the Northern District of Ohio before U.S. District Judge J. Philip Calabrese, who is now overseeing discovery and the selection of claims that could serve as the first bellwether trials.

Suboxone Tooth Decay Lawsuits

According to a census report (PDF) issued on September 17, more than 20,000 Suboxone dental erosion lawsuits have been served on Indivior and consolidated in the MDL. However, the number of lawsuits on the federal docket does not represent the actual number of individuals pursuing claims. Some cases were filed as multi-plaintiff complaints involving dozens of people, with certain filings including as many as 100 plaintiffs, each asserting a separate claim involving their own Suboxone use and dental injuries.

Abbreviated filings, known as “Schedule A,” were also permitted by Judge Calabrese prior to the second anniversary of the FDA-required Suboxone warning label change in June 2024, as that date may have represented a statute of limitations deadline in many states.

Although these filings did not contain many of the details typically included in individual complaints, such as medical records, injury information and Suboxone use histories, the process allowed individuals to preserve their claims while attorneys gathered the documentation needed to support them.

In April, Judge Calabrese called for those cases to be moved into the main litigation, requiring claimants to file individual lawsuits or face dismissal. While the Schedule A list initially contained more than 9,600 Suboxone claims, the latest census indicates that 4,814 abbreviated claims remain.

Judge Calabrese is currently leading the centralized Suboxone tooth decay litigation through pretrial proceedings, such as the collection of evidence, known as discovery, and the selection of claims to serve as potential bellwether trials.

These early test cases put lawsuits representative of the litigation as a whole before juries ahead of the bulk of the lawsuits, which provides a chance to see how attorneys’ arguments hold up under courtroom scrutiny. The first Suboxone bellwether trial is not expected to go before a jury until March 2028.

Suboxone Status Conference

On September 21, attorneys met with Judge Calabrese for a conference to update the court on the status of the litigation. According to the minutes and orders (PDF) issued after the conference, they discussed progress on the preparation of lawsuits by 35 claimants whose cases have been selected to form the core discovery pool. This will eventually be whittled down to four claims, according to the judge’s previous orders, which will then form the first wave of bellwether trials.

Depositions for the individuals represented by these “core discovery pool” lawsuits have been scheduled, with 22 completed to date. Counsel also told the court they are working on depositions of the plaintiffs’ healthcare providers.

How the bellwether trials are resolved, the verdicts juries hand down, and the rulings on matters of law during the trials are expected to be highly influential in any Suboxone settlement agreement reached by attorneys involved in the litigation. However, Judge Calabrese may need to remand the bulk of complaints back to the original districts where they were filed for individual trials if no resolution is reached.

The next status conference is scheduled for October 27, 2026.

Suboxone Tooth Decay Lawyers

Individuals considering a Suboxone tooth decay lawsuit can submit information about their potential claim for review by a product liability lawyer to determine whether they may qualify for compensation.

Lawsuits allege Suboxone’s acidic formulation, combined with its potential to cause dry mouth, may increase the risk of tooth decay and various dental problems, including:

Suboxone lawyers offer free consultations and claim evaluations, with no fees or expenses unless a recovery is obtained.

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