Suboxone Tooth Decay Lawsuit in Illinois

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 — IL: 2 years for personal injury (735 Ill. Comp. Stat. 5/13-202). Illinois applies the discovery rule; the limitations period begins when the plaintiff knew or reasonably should have known that the injury was caused by Suboxone. Dental diagnosis of erosion or tooth dissolution caused by sublingual film is the standard discovery trigger for Illinois plaintiffs.

Dental Board & Malpractice Considerations — IL: Illinois State Dental Examining Board (under the Illinois Department of Financial and Professional Regulation). Chicago-area addiction medicine programs that prescribed Suboxone without post-January 2022 dental warnings may face professional complaints. Illinois courts apply Frye (not Daubert) for expert admission in state court, relevant if state court coordination develops.

Transfer to MDL 3092 — IL: Cases filed in Illinois federal courts (N.D. Ill. Chicago, C.D. Ill. Springfield, S.D. Ill. East St. Louis) are eligible for JPML transfer to MDL 3092 in the N.D. Ohio (Cleveland). Chicago to Cleveland is approximately 350 miles — a practical consideration for plaintiff counsel coordinating discovery.