Statute of Limitations
Georgia product liability statute of limitations is 2 years from discovery (O.C.G.A. § 9-3-33). The argued deadline based on the January 2022 FDA communication is January 12, 2024.
2 years from discovery — January 12, 2024 if triggered by FDA communication
Where to File in Georgia
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 — GA: 2 years for personal injury (O.C.G.A. § 9-3-33). Georgia applies the discovery rule; the period begins when the plaintiff knew or should have known of the injury and its cause. A dental diagnosis connecting tooth decay, cracking, or dissolution to Suboxone use is the triggering event. Georgia courts recognize fraudulent concealment tolling where a defendant actively concealed the dental risk.
Dental Board & Malpractice Considerations — GA: Georgia Board of Dentistry (under the Georgia Composite Medical Board structure / Georgia Secretary of State). Atlanta-area and rural Georgia addiction treatment providers who failed to provide post-January 2022 FDA warnings to patients may face licensing complaints. Georgia applies Daubert standards for expert testimony, consistent with the federal MDL.
Transfer to MDL 3092 — GA: Cases filed in Georgia federal courts (N.D. Ga. Atlanta, M.D. Ga. Macon, S.D. Ga. Savannah) are eligible for JPML transfer to MDL 3092 in the N.D. Ohio (Cleveland). Georgia has a substantial plaintiff population given the state's significant opioid treatment program enrollment.
Exposure in Georgia
Source: Federal judiciary statistical data
Source: Georgia DPH opioid data