Statute of Limitations
Ohio product liability statute of limitations is 2 years from discovery (ORC § 2305.10). Ohio applies the discovery rule. As the MDL venue state, Ohio federal court (N.D. Ohio) is where consolidated pretrial proceedings occur. The argued SOL deadline based on the January 2022 FDA communication is January 12, 2024.
2 years from discovery — January 12, 2024 if triggered by FDA communication
Where to File in Ohio
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 — OH: 2 years for personal injury (Ohio Rev. Code § 2305.10). Ohio applies the discovery rule; the period runs from when the plaintiff knew or reasonably should have known of the injury and its probable cause. Because MDL 3092 is venued in the Northern District of Ohio (Cleveland), Ohio plaintiffs may file directly into the MDL without JPML transfer — a significant procedural advantage.
Dental Board & Malpractice Considerations — OH: Ohio State Dental Board. Ohio is the MDL home state, which gives Ohio plaintiffs direct access to the MDL docket. Dentists and addiction medicine providers in Cleveland, Columbus, Cincinnati, and the broader Ohio opioid corridor are prominent in this litigation. Post-January 2022 failures to warn by Ohio prescribers may support both malpractice and product liability claims.
Transfer to MDL 3092 — OH: Ohio federal plaintiffs (N.D. Ohio Cleveland, S.D. Ohio Columbus/Cincinnati) may file directly into MDL 3092 before Judge Dan Polster in the Northern District of Ohio without requiring a JPML transfer order. This is the MDL's home court; all bellwether trials, discovery, and case management orders are issued from this venue.
Exposure in Ohio
Source: Judicial Panel on Multidistrict Litigation MDL 3092 transfer order
Source: Ohio Department of Health opioid data
Clinics & Specialists in Ohio
Ohio State University College of Dentistry — Oral and Maxillofacial Surgery
Case Western Reserve University School of Dental Medicine — Cleveland
Your Legal Team
Robert Callahan
Senior Partner
Cleveland, OH
Robert Callahan has spent 17 years litigating pharmaceutical product liability cases in the Sixth Circuit and nationwide. His practice is based in Cleveland — the same district where Suboxone MDL 3092 is pending — giving him direct experience with the judges and procedures governing the consolidated litigation. Robert has represented clients in opioid-related pharmaceutical litigation since 2018, and his scientific background in biochemistry allows him to work fluently with expert witnesses on the chemistry and toxicology underlying failure-to-warn claims. He approaches every MAT patient client with respect for their recovery journey, understanding that his clients were harmed while doing exactly what their doctors told them to do.
Education
- J.D., Case Western Reserve University School of Law (2009)
- B.S., Biochemistry, Ohio State University (2006)