A group of 18 lawyers representing plaintiffs in Suboxone tooth decay lawsuits have submitted a consensus motion for the plaintiffs’ leadership committee. This committee will take actions that benefit all individuals pursuing legal action over tooth decay caused by Suboxone.
Judge Appointed to Preside Over Suboxone Tooth Decay Lawsuits
Recently appointed U.S. District Judge Philip Calabrese will preside over all federal Suboxone tooth decay lawsuits. He will hold an initial status conference on March 7 to discuss the organizational structure and schedule for coordinated pretrial proceedings in this rapidly growing litigation.
Background on Suboxone and Tooth Decay
Suboxone, a medication approved by the FDA in 2002 for the treatment of opioid addiction, has been linked to cases of severe tooth decay, particularly from its film form. Thousands of users have reported experiencing dental damage, leading to broken or extracted teeth.
Delayed Warnings and Allegations
Notably, Suboxone tooth decay warnings were not added to the medication until early 2022, after the FDA received reports of over 300 cases of dental damage. Plaintiffs allege that they may have avoided permanent tooth decay problems if they had been warned about the risks and instructed on preventive measures.
Consolidation of Lawsuits
In early February, the U.S. Judicial Panel on Multidistrict Litigation (JPML) ordered all Suboxone tooth decay lawsuits filed in any federal court to be centralized under Judge Calabrese in the Northern District of Ohio for pretrial proceedings. This consolidation aims to streamline the litigation process and avoid duplicative discovery.
Upcoming Initial Status Conference
The initial status conference on March 7 will set the stage for the coordinated pretrial proceedings. It is expected that Judge Calabrese will establish a schedule for preparing representative cases for early bellwether trials, which will help assess how juries may respond to key evidence and testimony.
Leadership Roles in the Litigation
Additionally, Judge Calabrese intends to appoint certain plaintiffs’ attorneys to leadership positions in the litigation. These attorneys will represent all individuals who have filed complaints over dental erosion caused by Suboxone treatment.
Proposed Leadership Slate
In a consensus motion filed on February 27, a group of 18 lawyers proposed a leadership slate for the plaintiffs, including co-lead counsel, a Plaintiffs’ Executive Committee, and a Plaintiffs’ steering committee. These attorneys will play crucial roles in discovery and pretrial proceedings to benefit all individuals pursuing a Suboxone tooth decay lawsuit.
Potential Trial Proceedings
Following coordinated discovery and any bellwether trials, if the parties are unable to reach settlements for the dental injury claims, each individual claim will be remanded back to the U.S. District Court where it was originally filed for trial.
