Suboxone Dental Claims Info to Be Exchanged in MDL

Suboxone Dental Claims Info to Be Exchanged in MDL

Introduction

The U.S. District Judge overseeing the Suboxone tooth decay lawsuits across the federal court system has initiated the process for parties to exchange detailed information about the claims.

This step aims to select a representative sample of cases for further discovery and eventual bellwether trials, potentially guiding future settlement negotiations.

Currently, around 11,000 Suboxone dental claims are pending in a federal multidistrict litigation (MDL). This MDL was established earlier this year to streamline discovery and pretrial proceedings, as each lawsuit shares similar allegations. The plaintiffs claim that the manufacturers of Suboxone, an opioid dependency drug, failed to properly disclose that its sublingual film version could degrade tooth enamel, leading to increased risks of broken or lost teeth.

Suboxone, a combination of buprenorphine and naloxone, was initially approved in a tablet form in 2002. About ten years later, a sublingual film version was introduced, meant to be placed under the tongue or inside the cheek. The lawsuits allege that this film version was developed to delay generic competition rather than provide a better treatment option, and it lacked essential warnings about potential dental damage.

It was not until June 17, 2022, that the U.S. Food and Drug Administration (FDA) required an update to the warning label to include the risk of tooth decay associated with Suboxone. The update followed the identification of hundreds of complaints about dental problems from users. Plaintiffs argue that earlier warnings and instructions could have prevented permanent damage and costly dental treatments.

Since February 2024, the Suboxone tooth decay lawsuit MDL has been centralized before a U.S. District Judge in the Northern District of Ohio. A status conference was recently held, where the Judge instructed the parties to start gathering and exchanging specific information from claimants. This process is crucial for identifying a smaller set of cases that will proceed to early bellwether trials. These trials are intended to help both sides understand how juries might react to key evidence and testimonies, potentially influencing settlement discussions.

The Judge's order, issued on July 19, directed the parties to negotiate a protocol for this information exchange. The goal is to determine the best way to collect data that will lead to a selection of cases for further discovery and trial. Both sides are required to submit their proposals to the court by August 27. These proposals should outline the specific information they believe will help identify cases representative of the broader litigation and aid in resolving the cases.

While the outcomes of these early bellwether trials will not directly bind the remaining claims, they are expected to influence the average settlement amounts for Suboxone tooth decay lawsuits. This influence could help establish a framework for the drug maker's potential payouts to avoid taking each individual case to trial.

The next status conference is scheduled for September 4, with the parties expected to submit a joint agenda for the meeting by August 29.