Recent developments in the Suboxone film dental injury litigation have left many patients wondering if they can still file a claim. The answer depends mainly on where you live, as the deadline to file varies by state.
Understanding these deadlines is crucial for many potential claimants to protect their legal rights.
Time Is Running Out, But Options Remain
The landscape of Suboxone film litigation changed significantly in January 2022 when the FDA issued a warning about the medication’s dental risks. This warning started what’s known as the statute of limitations or the legal deadline for filing a lawsuit.
While the two-year filing window has now closed for many states, residents in jurisdictions with three-year statutes of limitations still have time to pursue legal action.
Your Location Matters
The opportunity to file a Suboxone film lawsuit remains open in seventeen states and the District of Columbia, where the law allows a three-year window for personal injury claims. These jurisdictions include:
- Arkansas
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Montana
- New Hampshire
- New Mexico
- New York
- North Carolina
- Rhode Island
- South Carolina
- South Dakota
- Vermont
- Washington
- Wisconsin
If you live in one of these states and have suffered dental injuries from Suboxone film use, you may still be eligible to file a lawsuit. However, acting quickly is crucial, as the three-year deadline is approaching.
Understanding the Discovery Rule
Some potential claimants might benefit from the “discovery rule,” which can extend the filing deadline in certain circumstances. This legal principle allows the statute of limitations to begin when a person discovers or reasonably should have discovered that their dental injuries were caused by the Suboxone film.
However, given the FDA’s public warning in 2022, courts may view this rule more strictly.
Evaluating Your Eligibility
If you’re considering filing a Suboxone film lawsuit, several factors will determine your eligibility. The most critical elements are:
Your state of residence and its statute of limitations, documentation of your Suboxone film use and dental injuries, and the timeline of when you discovered the connection between your dental problems and Suboxone use. The strength of your case often depends on having clear medical records showing both your Suboxone prescription history and the progression of dental issues.
The Importance of Prompt Action
Even if you live in a state with a three-year statute of limitations, waiting to file your claim could weaken your case. Early filing helps preserve crucial evidence and ensures more precise witness testimony. Additionally, as time passes, important documentation may become more challenging to obtain, and memories of events may fade.
Current Status of the Suboxone Litigation
The Suboxone dental injury lawsuits have been consolidated in federal court, where hundreds of cases are being processed together. This consolidation, known as Multi-District Litigation, helps streamline the legal process while still maintaining each case’s individual merits. The litigation seeks compensation for extensive dental treatments, ongoing care needs, and related damages that many patients have experienced.
As of November 1, 2024, there are 678 pending cases in this MDL. Plaintiffs allege that Indivior failed to adequately warn users about the risk of severe dental problems associated with Suboxone sublingual films.
The Suboxone Film Lawsuits are Not a Class Action
While MDLs and class actions both handle multiple similar claims, they differ in structure. In an MDL, each plaintiff maintains an individual injury lawsuit, allowing for personalized consideration of damages and circumstances. In contrast, a class action combines all plaintiffs into a single lawsuit, and any settlement is distributed among all class members.
Taking the Next Step
If you believe you have a viable Suboxone film claim, time is of the essence. The first step is to consult with an experienced drug injury attorney who can evaluate your specific situation.
Most law firms handling these cases offer free initial consultations. They can quickly determine if you meet the essential claim filing criteria.
The consultation process typically involves:
- Reviewing your medical records.
- Discussing your dental injuries.
- Examining the timeline of your Suboxone film use.
An experienced drug injury attorney can help you understand your options, guide you through the complex legal process, and ensure that all deadlines are met.
Remember, while the FDA warning about Suboxone’s dental risks came in January 2022, the three-year filing window in eligible states will close in January 2025. Please don’t wait until it’s too late to explore your legal options.
For those who have suffered dental injuries from Suboxone use and reside in a state with a three-year statute of limitations, the opportunity to seek compensation remains open, but the window is closing.
Taking action now can help protect your rights and potentially secure compensation for your injuries.
