Statute of Limitations
Florida product liability statute of limitations is 2 years from discovery (Fla. Stat. § 95.11(3)(e)). Florida follows the discovery rule for latent pharmaceutical injuries. The January 2022 FDA communication is the primary argued trigger, with an argued deadline of January 12, 2024 for Florida plaintiffs without prior knowledge.
2 years from discovery — January 12, 2024 if triggered by FDA communication
Where to File in Florida
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 — FL: 4 years for product liability (Fla. Stat. § 95.11(3)(e)), with a 2-year period for medical malpractice (Fla. Stat. § 95.11(4)(b)). Florida's product liability discovery rule runs from when the plaintiff discovered or reasonably should have discovered the injury. A dental diagnosis identifying Suboxone as the cause of tooth decay or dissolution starts the clock.
Dental Board & Malpractice Considerations — FL: Florida Board of Dentistry (under the Department of Health). Florida dentists treating patients with Suboxone-related dental erosion should document medication history and causal findings. Florida medical malpractice rules impose pre-suit notice and investigation requirements (Fla. Stat. § 766.106) that affect any malpractice claims against prescribers who failed to warn patients.
Transfer to MDL 3092 — FL: Cases filed in Florida federal courts (M.D. Fla. Tampa/Orlando, S.D. Fla. Miami, N.D. Fla. Tallahassee) are subject to JPML transfer to MDL 3092 in the N.D. Ohio (Cleveland). Florida state court filings remain in Florida and are not subject to MDL transfer.
Exposure in Florida
Source: SAMHSA and Florida DCF opioid treatment data
Source: Florida Dental Association fee surveys
Clinics & Specialists in Florida
University of Florida College of Dentistry — Gainesville
Nova Southeastern University College of Dental Medicine — Fort Lauderdale
Your Legal Team
Marcus Deleon
Partner
Tampa, FL
Marcus Deleon has 13 years of experience in Florida product liability litigation with a focus on pharmaceutical failure-to-warn cases. His practice has expanded significantly since the FDA's January 2022 Suboxone safety communication, as Florida — with its large population and high rates of MAT prescribing — has produced substantial numbers of patients with documented Suboxone dental injuries. Marcus is known for his meticulous medical and dental record review, his ability to work with forensic dental experts on causation opinions, and his commitment to treating clients in recovery with the dignity and non-judgment they deserve. He has recovered compensation for clients across the full spectrum of dental damage, from extensive restorative work to full-mouth reconstruction.
Education
- J.D., Stetson University College of Law (2013)
- B.A., Health Sciences, University of Florida (2010)