Product liability lawsuits are filed against the manufacturer when a product fails to meet consumer expectations or causes harm to their health. The medical industry is no stranger to such suits given the fact that thousands of drugs are manufactured annually across different categories.
The same holds true for tools and equipment used for disease diagnosis, management, and treatment. When a drug or medical equipment malfunctions or fails to protect patient health and safety, a legal battle begins.
This is what has happened with a widely used drug called Suboxone. The litigation against this drug’s manufacturer is expected to take historic proportions. In this article, we will discuss the medication and the Suboxone lawsuit in detail.
What is Suboxone Used For?
Suboxone is considered to be an effective medication in treating dependence on opioids or other narcotic drugs like morphine or heroin. As per the European Medicines Agency, this drug is used to treat addictions in teenagers (over 15 years) and adults.
Is suboxone safe and effective? The Substance Abuse and Mental Health Services Administration says so. However, the same must be consumed as prescribed by the healthcare provider. The medicine’s unique properties enable it to –
- Reduce the potential for drug misuse
- Eliminate the effects of dependency, including cravings and withdrawal symptoms
- Enhance safety in case of an overdose
Now, who would likely use this medication on a regular basis? These would include –
- Patients having chronic pain ailments that require medication to curb dependence
- Individuals who are transitioning from stronger opioids to their less potent variants
- Patients of cancer who became dependent on opioids after their chemotherapy sessions were over
- Patients enrolled in rehabilitation programs who wish to gradually reduce their opioid dependency
- Individuals who are a part of opioid dependency programs to reduce withdrawal symptoms
The Premise for the Suboxone Lawsuit
Given that the SAMHSA considers suboxone to be safe when consumed as prescribed, why would litigation exist against its manufacturer? The major allegation in the Suboxone tooth decay lawsuit is a side effect that healthcare providers or patients were never warned about.
It is believed that the medication leads to dental-related issues that require major repair work. According to TorHoerman Law, the most common dental injuries suffered by patients include tooth erosion or decay, gum injuries, tooth fractures, and tooth loss in some cases.
This is because of the acidic effects of the Suboxone film, which gradually erodes the protective layer of the enamel. Due to the severity of the side effects, patients need to undergo extensive treatments like fillings, root canals, extraction, dental implants, crowns, and dietary adjustments.
Besides the injuries, plaintiffs of the Suboxone lawsuit have alleged that the drug manufacturer was completely aware of the side effects (including their severity). However, Indivior failed to issue adequate warnings in an attempt to keep profits over people.
MDL Formation and Scope of the Litigation
The litigation against Suboxone manufacturer, Indivior, is fairly new. The first-ever lawsuit was filed at the end of last year in the US District Court for the Northern District of Ohio. The plaintiff, David Sorensen, alleged that Suboxone led him to develop serious teeth cavities.
As a result, the plaintiff had to undergo costly and time-consuming dental work. The problem is that the damage done to his teeth was permanent, so there was no way to reverse it (despite dental work). Soon after Sorensen’s case, another product liability lawsuit was filed in this litigation.
Gradually, over the course of the past few months, a total of 51 cases were filed in this litigation. That’s when all lawsuits were consolidated into a class-action multi-district litigation (MDL). This goes on to show that the Suboxone lawsuit is going to get bigger in the upcoming months.
In the midst of it all, another interesting case appeared. An Ohio man filed a Suboxone lawsuit alleging that he consumed the drug as per his physician’s prescription. Even then, he experienced considerable dental injuries due to the medication. He went on to have major dental work done.
However, neither he nor his medical advisors were aware of the dental risks associated with Suboxone. They were even oblivious to the absence of specific warnings regarding the possibility of teeth damage. Lawyers in this litigation believe that a major key to these cases will be whether the prescribing physician was aware of the risks involved.
Those cases where the healthcare provider was unaware of the risks involved are believed to be the strongest ones.
Currently, attorneys are still accepting new filings in the Suboxone lawsuit. However, there is some confusion regarding the deadline for case submission. The statute of limitations in product liability suits can be a bit difficult to ascertain. In many cases, no clear deadline is known until the presiding judge declares it.
Will this MDL have thousands of cases? It appears to be so since it is anticipated that case numbers may reach 100,000. After all, hundreds of thousands of people have been prescribed Suboxone. If anything, the condition of Opioid Use Disorder (OUD) affects nearly 2.1 million in the US. That must give us some solid perspective on this litigation.
