Suboxone Tooth Decay Lawsuit in Michigan

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 — MI: 3 years for personal injury (Mich. Comp. Laws § 600.5805(2)). Michigan applies the discovery rule; the period runs from when the plaintiff discovered or reasonably should have discovered the injury and its connection to Suboxone. Michigan also applies a 3-year limitations period for product liability. A dental diagnosis linking tooth decay or dissolution to sublingual Suboxone film use is the standard discovery trigger.

Dental Board & Malpractice Considerations — MI: Michigan Board of Dentistry (under the Michigan Department of Licensing and Regulatory Affairs, LARA). Detroit-area and statewide addiction medicine programs that prescribed Suboxone without adequate dental risk warnings after January 2022 may face licensing board scrutiny. Michigan applies Daubert for expert testimony in civil cases, consistent with the federal MDL standard.

Transfer to MDL 3092 — MI: Cases filed in Michigan federal courts (E.D. Mich. Detroit, W.D. Mich. Grand Rapids) are eligible for JPML transfer to MDL 3092 in the N.D. Ohio (Cleveland) — geographically proximate, as Detroit is approximately 170 miles from Cleveland. Michigan's significant opioid treatment population makes it a substantial contributor to the MDL plaintiff pool.