Are Pharmaceutical Companies Liable in Suboxone Lawsuits?

In recent Suboxone lawsuits, plaintiffs are claiming that the negligence of its maker, Indivior, has caused injuries and compensable damages. Many patients have taken Suboxone over the years to treat withdrawal symptoms while receiving treatment for opioid addiction, and recent studies have found that this particular medication is likely causing tooth decay.

If Suboxone has caused your tooth decay after a doctor prescribed this medication to you, you may file a lawsuit against Indivior for negligence with the help of an attorney.

To get started on a Suboxone claim, schedule a free consultation with the legal team at Magazine & Light Law Group in Clearwater, FL, by calling 727-499-9900.

What Is Suboxone?

Suboxone is a medication that doctors use to treat opioid addiction. The drug’s active ingredient is buprenorphine, which acts as an opioid agonist to mimic the effects of opioids while reducing withdrawal symptoms. In the process, the drug also reduces cravings to help overcome addiction.

Previously administered as an oral tablet, Suboxone later became buccal and sublingual films that sit in the mouth under the tongue or in the cheek. While the oral tablet form of the drug didn’t cause notable health issues in patients, studies have linked Suboxone use to dental issues, including tooth decay.

Suboxone Tooth Decay Claims

The main ingredient in Suboxone, buprenorphine, is an acidic substance that can wear away the protective enamel on teeth, resulting in tooth decay and other dental problems, including:

• Cracked teeth
• Cavities
• Infections

As a result of these dental issues, many patients may require procedures to treat their condition, including fillings, root canals, and tooth extractions that could come at high costs.

Because of these risks and Indivior’s failure to address the issues of using Suboxone, many patients have become part of an opioid class action lawsuit against the manufacturer for negligence.

Pharmaceutical Companies and Product Liability

According to data from the National Safety Council, consumer product injuries in the U.S. have increased in recent years, and many of these cases involve pharmaceuticals.

If a medication causes health problems in patients, pharmaceutical companies must either warn of the risks associated with the medication or take steps to mitigate these risks. Failure to do so could result in product liability lawsuits against the liable companies to recover compensation.

There are different ways pharmaceutical companies could be liable for health problems stemming from the use of medications. For instance, they could be responsible for defective manufacturing that renders drugs harmful, drugs could come with side effects that companies fail to warn about, or companies may mislead consumers through the marketing of their medications.

In addition, pharmaceutical companies could be liable based on the four types of negligence, such as contributory or gross negligence.

Defective Manufacturing

Some drugs may cause injuries to patients due to faulty manufacturing or tainting during the manufacturing process.

For example, a drug could experience a manufacturing error in drugmakers’ facilities or pharmacies. Additionally, shipping issues could contaminate or damage medications. Labels may also contain errors that fail to disclose necessary information about medications.

Harmful Side Effects

Medications could come with side effects that manufacturers should know about and address. While some side effects may be minor, others cause injuries in patients or lead to long-term health problems, including an increased risk of a heart attack or stroke.

Improper Marketing

Another product liability case could involve a manufacturer that fails to properly market its medication.

An example here includes the failure to warn consumers of harmful side effects in advertisements or labels. Manufacturers, doctors, and other parties could also fail to give patients proper instructions on the use and dosage of the medication.

If you believe that a pharmaceutical company is liable for these forms of negligence, discuss your case with a personal injury lawyer in Clearwater. An attorney can review your case and determine if you can file a claim or lawsuit against a manufacturer, doctor, pharmacist, or another liable party to recover compensation.

Previous Lawsuits Involving Indivior

Before the recent opioid class action lawsuit against Indivior, drug wholesalers sued the drugmaker for attempting to prevent competitors from producing generic versions of Suboxone.

In October 2023, Indivior agreed to pay a total of $385 million in settlements. This settlement covered the damages resulting from Indivior’s suppression of generic competition by changing its drug from an oral tablet to a sublingual and buccal film.

Just as wholesalers planned to offer Suboxone in the form of generic tablets to lower the price of the drug for patients, the lawsuits claimed that Indivior changed Suboxone’s form of administration to monopolize the drug.

Prior to these lawsuits, Indivior also paid $600 million to settle a lawsuit involving claims of improper marketing. In this lawsuit, the U.S. government claimed that Indivior engaged in harmful marketing practices when promoting Suboxone, including the company’s claim that the sublingual film iteration of the drug is safer than alternative medications.

Strategies for Building a Negligence Case Against Suboxone

If you’re wondering how to file a lawsuit against Suboxone, there are critical steps you’ll need to take.

Meet Eligibility Criteria for Suboxone Lawsuits in Clearwater

To qualify for a lawsuit against Suboxone, you must meet the requirements. Specifically, you must:

• Have taken Suboxone with a prescription for at least six months
• Have suffered tooth decay or other related injuries that go beyond normal tooth decay after starting Suboxone
• Have been unaware of the risks of taking Suboxone prior to using it

If you meet these criteria, you may file a lawsuit to recover compensation from Indivior.

Consult an Attorney to Build a Lawsuit

Before initiating Suboxone lawsuits, patients must get a personal injury lawyer to help them develop their case.

An attorney can meet with you in a free consultation to discuss a case, learning the details of your Suboxone use and the damages you sustained. If the attorney decides to handle your case, you can focus on recovering while experiencing peace of mind in knowing that you have a chance at recovering total compensation.

In the process of building a case, an attorney can identify and calculate all the damages related to your case, collect evidence to support it, and ultimately help file a lawsuit against Indivior or other liable parties.

Determine the Total Amount of Compensation

To determine the settlement amount in Suboxone lawsuits, plaintiffs and their attorneys need to identify and quantify all the damages resulting from the use of the medication.

There are two categories of compensatory damages that plaintiffs may recover in these cases: Economic and non-economic damages.

Economic damages are the direct financial losses resulting from the dental issues associated with Suboxone use. Examples of these include fillings, root canals, oral surgery, and other procedures required to treat a patient’s condition. These damages could also include lost income due to time taken off from work to attend dental appointments and recover, along with other related expenses.

Meanwhile, non-economic damages would apply to the personal losses suffered because of Suboxone injuries. For example, you might experience psychological distress and embarrassment because of your condition.

In addition, plaintiffs may seek punitive damages that punish defendants for gross negligence. If attorneys find that Indivior acted with gross negligence in Suboxone lawsuits, the courts may award these damages on top of compensatory economic and non-economic damages.

Gather All Relevant Evidence

You must also have plenty of evidence to support your lawsuit. Evidence in these cases could include dentist bills and receipts for treatment for a related condition, along with proof of lost income resulting from time out of work. You could also include X-rays and other types of medical records in your case to help prove the nature of your condition.

If you have trouble collecting evidence at any point, a personal injury attorney could help with this and ensure you have sufficient evidence to build a strong case.

File a Lawsuit With the Right Attorney

Indivior could be negligent in manufacturing and marketing Suboxone, resulting in costly Suboxone lawsuits filed on behalf of injured patients. Plaintiffs in these cases may recover various economic and non-economic damages with the help of attorneys with experience handling product liability cases like these.

If you want to succeed with a Suboxone lawsuit against Indivior, it’s best to have reliable representation behind you. Contact us today at Magazine & Light Law Group to find out what options you have when it comes to filing a lawsuit, and schedule a free consultation with one of our Clearwater personal injury attorneys.

Jim Magazine

James (Jim) Magazine is a Florida Board Certified Civil Trial lawyer who has spent his career helping injured victims. Jim is licensed to practice law in the State of Florida since 1990 and is also admitted to practice at the Appellate level and admitted to the United States Supreme Court.

Years of Experience: More than 30 years
Florida Registration Status: Active
Bar Admissions:
Clearwater Bar Association
West Pasco Bar Association