/>iDo you have a Suboxone lawsuit? Hundreds of patients and families across the United States have filed tooth decay Suboxone lawsuits against Suboxone maker Indivior, Inc. over the past year, and the number of lawsuits filed is continuing to increase on a weekly basis. The plaintiffs in these Suboxone tooth decay lawsuits are seeking substantial compensation; and, while the first test cases are currently expected to go to trial sometime next year, there is also a strong possibility that successful plaintiffs will be able to secure settlements without going to court.
If you are thinking about filing a Suboxone lawsuit, there is a lot you need to know. While plaintiffs who have strong cases may have a good chance of securing a favorable pre-trial settlement, there are no guarantees. At the same time, while pursuing a Suboxone tooth decay lawsuit requires time and effort, plaintiffs’ efforts will be well worth it if they receive the financial compensation they deserve. Instead of a Suboxone class action lawsuit, the federal Suboxone lawsuits have been consolidated into a multidistrict litigation suit in the Northern District of Ohio.
“The Suboxone multidistrict litigation (MDL) is ramping up. Pre-trial procedures are well underway, and the judge presiding over the MDL is managing the proceedings with an eye toward getting to the first bellwether trial. While hundreds of lawsuits have already been filed, patients and families still have time to assert their legal rights.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.
What do you need to know to make informed decisions about asserting your legal rights surrounding severe tooth decay resulting from prescription Suboxone film? Here are 10 key facts about filing a Suboxone lawsuit:
Key Fact #1: Defective Drug Litigation (Including the Suboxone MDL) is Based on Manufacturers’ Strict Liability
In most cases, seeking just compensation for injuries in a lawsuit requires proof of negligence. But, in cases involving defective drugs, proof of negligence is not required. Instead, drugmakers like Indivior, Inc., can be held “strictly liable” when they put defective drugs on the market. This means that once plaintiffs’ lawyers are able to prove that a drug is defective, the defect alone is sufficient to establish the drugmaker’s liability in the Suboxone tooth decay litigation.
Drugs can be deemed “defective” for several reasons. If a drug presents serious health risks (like the dental and oral complication risks linked to Suboxone), this can be enough to render the drug “defective” under the law. There are other possibilities as well, including defect claims based on drugmakers’ failure to warn.
Key Fact #2: It Appears that Indivior Inc. May Have Been Aware of (and Failed to Disclose) Suboxone’s Risks
Failure to warn is currently one of the primary focuses of the Suboxone litigation. Investigations have revealed that Indivior, Inc. and its predecessors may have been aware of Suboxone’s risks for years and yet failed to adequately disclose these risks to patients and healthcare providers looking to treat opioid addiction. “Failure to warn” is classified as a type of product defect, which means that plaintiffs can pursue successful claims regardless of whether a drugmaker was negligent in failing to provide adequate warnings.
As the Suboxone litigation continues to progress, it will become clearer what Indivior, Inc. knew and when it knew it. The discovery process is currently ongoing; and, in many cases, evidence unearthed during the discovery process will play a key role in triggering settlement negotiations.
Key Fact #3: Many Experts Disagree with the U.S. Food and Drug Administration’s (FDA) Assessment of Suboxone’s Risks
Despite the well-known dental and oral risks linked to Suboxone, the U.S. Food and Drug Administration (FDA) still advises that, “the benefits of [Suboxone] clearly outweigh the risks.” However, many medical experts disagree; and, even if Suboxone can be an effective form of treatment in some cases, this does not justify any defects, including any inadequate warnings. If you or a loved one is using Suboxone, it will be worth consulting with your doctor about the treatment alternatives that are available; and, if you notice any symptoms of potential dental or oral complications, you should see a doctor (and talk to a lawyer) right away.
Key Fact #4: Most Potential Plaintiffs Still Have Time to File Their Suboxone Lawsuits, Though the Clock is Ticking
If you or a loved one has recently been diagnosed with complications from taking Suboxone for opioid addiction treatment, you should still have time to file a lawsuit within the statute of limitations. However, once you discover complications from being prescribed Suboxone (or once you should be aware that you or a loved one has experienced complications like dental injuries), the clock starts ticking. Like all product liability claims, Suboxone-related claims are subject to statutes of limitations, and some are also subject to statutes of repose. These are state statutes, and the deadlines for filing Suboxone lawsuits can vary from one state to the next. To make sure you don’t run out of time, you should consult with a lawyer who is handling Suboxone cases right away.
Key Fact #5: Patients and Families Who File Suboxone Lawsuits Can Seek Just Compensation for Their Financial and Non-Financial Costs
In the current Suboxone litigation, patients and families are seeking just compensation for the financial and non-financial costs they have incurred (and will continue to incur) due to Suboxone’s complications. This includes just compensation for their medical bills, loss of earnings, pain and suffering, loss of intimacy, scarring and disfigurement due to surgery, and other consequences.
Patients and families who have not yet filed their lawsuits can seek to recover these same losses. Every patient’s and family’s circumstances are unique; and, when filing a lawsuit, it is important to work closely with your lawyer to ensure that you are seeking the full compensation you deserve based on the specific consequences that you and your loved ones have experienced.
Key Fact #6: Hiring a Lawyer to File a Suboxone Lawsuit Costs Patients and Families Nothing Out of Pocket
No matter how much you are entitled to recover, hiring a lawyer to file a Suboxone lawsuit should cost you nothing out of pocket. You should be able to find out if you have a claim for free; and, if you have a claim (and you decide to move forward), you should be able to pursue your claim without any concerns about the costs involved.
In these types of cases, lawyers generally represent their clients on a contingency-fee basis. This means two important things: (i) your law firm will advance the costs of pursuing your Suboxone lawsuit; and, (ii) you will only have to repay these costs (and pay legal fees) if your lawsuit is successful. If your lawsuit is unsuccessful for any reason, you will not owe anything for your legal representation. If your lawsuit is successful, your legal fees will be calculated as a percentage of your recovery—and this percentage should be clearly disclosed at the outset of your legal representation.
Key Fact #7: While the Average Settlement is Expected to Be Around $50,000 to $150,000, Individual Plaintiffs May Be Entitled to Significantly More (or Less)
Current estimates put the average settlement value of Suboxone lawsuits somewhere in the range of $50,000 to $150,000. However, the value of your Suboxone lawsuit could be far more or far less. As discussed above, every case is unique, and the amount you are entitled to recover (if any) depends on the physical, psychological, and financial effects of your (or your loved one’s) diagnosis.
With this in mind, how can you make an informed decision about whether it is worth filing a Suboxone lawsuit? When you hire a lawyer to represent you, your lawyer should carefully calculate the value of your claim. Then, based on this calculation, you can decide if you want to move forward.
Key Fact #8: Plaintiffs Who File Suboxone Lawsuits Must Continue to Work Closely with Their Lawyers Throughout the Process
While hiring an experienced lawyer is essential for successfully pursuing a Suboxone lawsuit, your lawyer will need your help to recover just compensation. If you decide to file a lawsuit, you should be prepared to play an active role in the process, and you should be prepared to rely on your lawyer’s advice to make informed decisions about things like whether to accept a settlement or keep progressing toward trial.
Key Fact #9: While a Global Settlement May Be Likely, There Are No Guarantees (and Plaintiffs Won’t Be Required to Participate)
Although there is still a long way to go in the Suboxone MDL, there is reason to believe that a global settlement may be in the cards. With that said, there are no guarantees, and patients and families should not assume that they will receive a settlement. Furthermore, even if Indivior, Inc. agrees to a global settlement, individual plaintiffs will still need to decide whether participating in the settlement is in their best interests—once again taking into account their unique personal circumstances.
Key Fact #10: Once the Opportunity to Recover Just Compensation Passes, Patients and Families Won’t Get a Second Chance
Whether you run out of time to file a lawsuit or you settle for less than you deserve, once your opportunity to recover just compensation passes, you won’t get a second chance. As a result, if you think you may have grounds to file a Suboxone lawsuit, it is strongly in your best interests to discuss your situation with an experienced lawyer as soon as possible.
