Suboxone Tooth Decay Lawsuit in Pennsylvania

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 — PA: 2 years for personal injury (42 Pa. Cons. Stat. § 5524). Pennsylvania applies the discovery rule; limitations run from the date the plaintiff knew or reasonably should have known of the injury and its connection to Suboxone. For dental injuries, this is typically the date a dentist first diagnosed severe erosion, cracking, or tooth loss attributable to sublingual buprenorphine film use.

Dental Board & Malpractice Considerations — PA: Pennsylvania State Board of Dentistry (under the Bureau of Professional and Occupational Affairs). Pennsylvania is a significant MDL contributor given that Philadelphia federal courts (E.D. Pa.) have historically been active mass tort venues. Prescribers in the western Pennsylvania opioid corridor who failed to warn patients after January 2022 may face state licensing board scrutiny.

Transfer to MDL 3092 — PA: Cases filed in Pennsylvania federal courts (E.D. Pa. Philadelphia, W.D. Pa. Pittsburgh, M.D. Pa. Harrisburg) are subject to JPML transfer to MDL 3092 in the N.D. Ohio (Cleveland) — a short transfer distance from Pittsburgh. The geographic proximity to Cleveland makes N.D. Ohio a natural MDL hub for Pennsylvania plaintiffs.