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New York · Suboxone lawsuit: who can file and what happens next

Suboxone lawsuit: who can file and what happens next in New York

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Filing deadline3 years from discovery. Whether that time has passed depends on your facts, so don't rule yourself out. A lawyer can tell you.CPLR § 214

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in New York?

New York product liability statute of limitations is 3 years from discovery (CPLR § 214). New York applies the discovery rule to pharmaceutical failure-to-warn claims. Whether that time has passed depends on your facts, so don't rule yourself out. A lawyer can confirm yours.

3 years from discovery. Whether that time has passed depends on your facts, so don't rule yourself out. A lawyer can tell you.

A lawyer can tell you.

Source: CPLR § 214

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

New York has a 3-year statute of limitations for personal injury claims (CPLR § 214), giving New York Suboxone dental injury plaintiffs more time than most states. Whether that time has passed depends on your facts, so don't rule yourself out. A lawyer can tell you. New York City and surrounding metro areas have among the highest rates of MAT prescribing in the country, and New York courts have produced substantial pharmaceutical product liability precedent.

Statute of Limitations — NY: 3 years for personal injury product liability (N.Y. CPLR § 214(5)), with a discovery rule applicable where the injury was not immediately discoverable. For latent dental injuries caused by Suboxone, the period typically runs from the dental diagnosis or from when a patient reasonably connected their tooth decay to their sublingual film use. New York's 2021 Adult Survivors Act tolling framework does not apply here.

Dental Board & Malpractice Considerations — NY: New York State Board of Dentistry (under the Office of the Professions). New York prescribers — including addiction medicine clinics operating in New York City, Buffalo, and Albany — had a duty to warn patients of dental risks once the FDA issued its January 2022 safety communication. Failure to provide that warning after February 2022 may support professional complaint and malpractice claims.

Transfer to MDL 3092 — NY: Cases filed in New York federal courts (S.D.N.Y. Manhattan/White Plains, E.D.N.Y. Brooklyn, N.D.N.Y. Albany, W.D.N.Y. Buffalo) are eligible for JPML transfer to MDL 3092 before Judge J. Philip Calabrese in the N.D. Ohio (Cleveland). New York state court actions are not subject to MDL transfer.

Medical facilities in New York

  • NYU College of Dentistry — Oral Surgery and Implantology Clinic

  • Columbia University College of Dental Medicine

How this works nationally

For the overall process and updates, read the Suboxone lawsuit: who can file and what happens next overview. This page covers the local information available for New York.

What happens when I check?

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Sources

  1. CPLR § 214