How Does Negligence Play a Role in Suboxone Lawsuits?
24AprRecent Suboxone lawsuits claim that the drug’s manufacturer, Indivior, practiced negligence that led to tooth decay and subsequent damages to patients, warranting compensation. Specifically, individuals are filing product liability lawsuits in Florida and across the country against Indivior for its negligence and alleged misleading information regarding this medication.
Learn more about these lawsuits and how negligence impacts them as more former users attempt to recover compensation.
If you would like to start a Suboxone lawsuit against the liable parties involved, call the personal injury attorneys at Magazine & Light Law Group in Clearwater, FL, at 727-499-9900.
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Suboxone Lawsuits in Florida
Suboxone has become a popular medication used in treating opioid addiction withdrawal, usually in combination with therapy and other formal treatments in clinical settings, such as rehabilitation facilities. Medical professionals may prescribe Suboxone (Buprenorphine-Naxolene) to reduce the symptoms of withdrawal and make the process easier.
The drug’s primary active ingredient is buprenorphine, which is an agonist that connects with the same receptors in the brain that react to opioids, making it easier for patients to withdraw from opioid use while minimizing cravings.
Indivior introduced Suboxone in the early 2000s, with the Food and Drug Administration (FDA) officially approving the medication in 2002. Starting as a tablet taken orally, Indivior eventually developed a buccal and sublingual film form, which patients would place under the tongue or in the cheek to dissolve and absorb the medication.
The use of buprenorphine and the film method of administration have led to numerous lawsuits against Indivior in recent years.
Common Issues Raised in Suboxone Lawsuits
There are multiple reasons parties have filed lawsuits against Indivior over the years. Most recently, users of Suboxone are filing lawsuits against the manufacturer due to allegations of “failure to warn” of the risks of using the sublingual film form of the medication.
Many Suboxone users have experienced varying levels of tooth decay, resulting from the use of Suboxone film and its acidic buprenorphine content.
Types of tooth decay and dental problems linked to Suboxone use include:
- Cracked teeth
- Cavities
- Tooth erosion
- Gum problems
- Infections
- Tooth abscess
Plaintiffs in the Suboxone lawsuits claim that Indivior knew or should have known of the risks of taking its medication for opioid withdrawal treatment, but failed to properly issue warnings.
If you sustained tooth decay and Suboxone use was the cause, you may be able to recover damages in a Suboxone lawsuit against the liable parties.
These lawsuits aren’t the first time Indivior has come under fire for negligent practices. Another recent lawsuit resulted from generic drug manufacturers accusing Indivior of antitrust practices. These lawsuits alleged that Indivior switched to the sublingual and buccal film form of its drug in an attempt to extend its monopoly, just as generic manufacturers were about to release their own tablets at a lower price than Suboxone.
These previous lawsuits ended with Indivior agreeing to pay nearly $400 million in settlements.
Negligence in Prescribing Suboxone
In addition to Indivior, medical professionals may be subject to medical malpractice lawsuits if they negligently prescribed Suboxone. Doctors should know about the risks of buprenorphine consumption, potentially making them negligent in still prescribing this medication to patients.
Conditions for Filing Suboxone Lawsuits
You might wonder, “How do I prove that Suboxone caused my injuries?” Subsequently, you may wonder whether you qualify for a lawsuit against Indivior.
Generally, there are a few conditions you need to meet to qualify for these product liability lawsuits:
- You must have been a Suboxone user with a prescription to treat opioid addiction for a minimum of six months before the FDA’s 2022 changes to Suboxone labels.
- You must have sustained serious dental health issues or injuries after beginning Suboxone use.
- Your dental problems must have progressed faster than normal tooth decay.
- You must also ensure you file a lawsuit against Indivior or a liable medical professional before the statute of limitations passes.
If you meet these criteria, you may successfully file a lawsuit with the help of a personal injury lawyer.
Recoverable Damages in Suboxone Lawsuits
Suboxone users may recover damages in lawsuits against Indivior and negligent doctors.
These can include the following:
Economic Damages
The first type of damages to consider is economic, which involves direct financial losses resulting from the dental problems arising from Suboxone use. These include medical bills, lost income, future expenses, and loss of future income, among other financial consequences.
Non-Economic Damages
Another type of damages you may recover is non-economic in nature. While economic damages account for financial losses sustained because of Suboxone use and resulting dental issues, non-economic damages cover the personal losses that patients experience.
For example, individuals may sustain pain and suffering from their dental injuries, and may also suffer from anxiety, depression, disfigurement, and other losses.
It can be more challenging to prove these damages in a lawsuit because of their subjective nature, but it’s possible for lawyers and courts to incorporate them into compensation awards.
Punitive Damages
If the courts find that Indivior or other parties practiced gross negligence, plaintiffs in these lawsuits may recover punitive damages. For instance, a judge or jury may determine that Indivior was grossly negligent as it knew about the dangers of Suboxone and still continued to produce it and fail to warn users and doctors.
The goal behind awarding these damages is to prevent parties like Indivior from committing the same negligent acts in the future.
The Benefits of Hiring a Lawyer
If you need to file a lawsuit against a liable party for damages related to Suboxone use, it’s in your best interest to work with a reliable personal injury attorney in Clearwater.
Having an attorney by your side can benefit you by increasing your chances of succeeding with your case. One advantage is the ability to identify all the damages involved in your case, including all economic, non-economic, and punitive damages, which can factor into a total settlement amount.
Attorneys with experience handling product liability cases can also help you effectively navigate the entire legal process, assisting with gathering evidence and organizing it into a strong case against Indivior or a liable doctor.
Ultimately, you’ll be able to focus more on recovering as your attorney works to build your case and fight for the maximum amount of compensation.
How to File a Suboxone Lawsuit
If you’re not sure how to file a lawsuit against Suboxone, this is where a lawyer can help. With the right attorney working on your case, you can learn how to proceed and recover total compensation.
The first part of the process is to gather sufficient evidence to build a compelling case against the liable entities. There are many types of evidence that can support your case, including medical and dental records detailing your health before and after Suboxone use, Suboxone prescriptions and receipts, proof of lost income, and communications with doctors.
The next step is to work with your lawyer to file a lawsuit against the negligent party. Your attorney can communicate with liable parties and their attorneys to fight for a settlement, identifying and calculating all damages in the process.
Your attorney will guide you through the pre-trial process to begin discussions with defendants, filing complaints that indicate the plaintiff’s situation. The defendant will have the chance to file a counterclaim. The discovery process will then begin, when both parties gather and organize all evidence to argue their cases.
If the case proceeds to the trial process, your attorney can start negotiations or take the case to court if needed. The judge or jury will make a decision regarding your case, awarding you compensation based on a verdict.
Begin With a Suboxone Lawsuit Today
In the event of dental problems and damages resulting from long-term Suboxone use, you may pursue compensation in a Suboxone lawsuit against Indivior or negligent doctors. In the process, courts could find these parties negligent in their failure to warn of Suboxone’s dangers or prescription of this medication.
However, you may not succeed with a case on your own, especially if you’re unfamiliar with the legal process in product liability lawsuits. If you need assistance, an experienced personal injury attorney can help you get fair compensation. To learn about the options available to you and your chances of succeeding with a Suboxone lawsuit, contact us at Magazine & Light Law Group to discuss a case in a free consultation.