Suboxone Tooth Decay Lawsuit in California

MDL 3092 — N.D. Ohio (Cleveland): All federal Suboxone tooth decay cases are consolidated in MDL 3092 before Judge Dan Polster in the Northern District of Ohio, Cleveland. Defendants include Indivior Inc., Aquestive Therapeutics (formerly MonoSol Rx), and Reckitt Benckiser. The FDA issued a safety communication on January 12, 2022 warning of serious dental problems — including tooth decay, cracking, and loss — associated with buprenorphine/naloxone sublingual film products. Judge Polster has extensive MDL experience as the presiding judge of the national opioid MDL (MDL 2804), making this court a favorable venue for complex pharmaceutical litigation.

Statute of Limitations — CA: 2 years from date of discovery (Cal. Code Civ. Proc. § 335.1). The discovery rule tolls the period until a plaintiff knew or reasonably should have known that their dental injuries were caused by Suboxone. For most patients, discovery is triggered by a dental diagnosis linking tooth decay or dissolution to sublingual buprenorphine/naloxone film use, not by the January 2022 FDA communication alone.

Dental Board & Malpractice Considerations — CA: California Dental Board (Dental Board of California). California-licensed dentists who diagnose severe Suboxone-related dental erosion may have a duty to document causation in the chart and to advise patients of their legal rights. Malpractice exposure exists for prescribers who continued prescribing without warning patients after the January 2022 FDA safety communication.

Transfer to MDL 3092 — CA: Cases filed in any California federal district (C.D. Cal., N.D. Cal., E.D. Cal., S.D. Cal.) are subject to transfer to MDL 3092 in the Northern District of Ohio (Cleveland) by the JPML. State court cases will not be transferred but may be coordinated in California state court proceedings.