Statute of Limitations
Texas product liability statute of limitations is 2 years from discovery (Tex. Civ. Prac. & Rem. Code § 16.003). Texas courts apply the discovery rule to latent injury cases. The FDA's January 12, 2022 safety communication is the primary argued trigger date, making January 12, 2024 the argued deadline for Texas plaintiffs who had no prior knowledge.
2 years from discovery — January 12, 2024 if triggered by FDA communication
Where to File in Texas
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 — TX: 2 years from the date of discovery (Tex. Civ. Prac. & Rem. Code § 16.003). Texas applies the discovery rule in product liability actions; the limitations period begins when the plaintiff knew or should have known of the injury and its probable cause. A dental diagnosis attributing tooth decay or dissolution to Suboxone use is the typical discovery trigger.
Dental Board & Malpractice Considerations — TX: Texas State Board of Dental Examiners (TSBDE). Dentists treating Suboxone patients with severe erosion should document medication history and causal assessment. Texas prescribers (physicians and suboxone clinics) who failed to warn patients of dental risks after the FDA's January 2022 alert may face professional board complaints and civil malpractice liability.
Transfer to MDL 3092 — TX: Texas federal cases (N.D. Tex. Dallas/Ft. Worth, S.D. Tex. Houston, W.D. Tex., E.D. Tex.) are eligible for JPML transfer to MDL 3092 in the N.D. Ohio (Cleveland). Texas has one of the largest plaintiff pools given its high Suboxone prescription volume tied to opioid epidemic recovery programs.
Exposure in Texas
Source: Texas DSHS opioid treatment data
Source: Tex. Civ. Prac. & Rem. Code § 16.003