Suboxone Tooth Decay Lawsuit in New York

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 — NY: 3 years for personal injury product liability (N.Y. CPLR § 214(5)), with a discovery rule applicable where the injury was not immediately discoverable. For latent dental injuries caused by Suboxone, the period typically runs from the dental diagnosis or from when a patient reasonably connected their tooth decay to their sublingual film use. New York's 2021 Adult Survivors Act tolling framework does not apply here.

Dental Board & Malpractice Considerations — NY: New York State Board of Dentistry (under the Office of the Professions). New York prescribers — including addiction medicine clinics operating in New York City, Buffalo, and Albany — had a duty to warn patients of dental risks once the FDA issued its January 2022 safety communication. Failure to provide that warning after February 2022 may support professional complaint and malpractice claims.

Transfer to MDL 3092 — NY: Cases filed in New York federal courts (S.D.N.Y. Manhattan/White Plains, E.D.N.Y. Brooklyn, N.D.N.Y. Albany, W.D.N.Y. Buffalo) are eligible for JPML transfer to MDL 3092 before Judge Dan Polster in the N.D. Ohio (Cleveland). New York state court actions are not subject to MDL transfer.