MDL Track
MDL 3092
N.D. Ohio
Suboxone (buprenorphine/naloxone) film products liability
1,849 pending
Pharmaceutical · claims involving dental injuries allegedly associated with sublingual Suboxone films
Defendant
Indivior Inc.
MDL / Track
MDL 3092
N.D. Ohio
Judge
Judge J. Philip Calabrese
Plaintiffs
roughly 2,200 pending actions (1,849 per JPML's March 2, 2026 report, plus ~354 new filings tracked since)
Bellwether / Trial
No verdicts yet
Settlement Status
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Case overview
MDL 3092 (In re: Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation) now exceeds 11,000 federal cases before Judge J. Philip Calabrese in the Northern District of Ohio, with the court narrowing 500 records-collection cases to four bellwether trials by June 11, 2027, and the first trial set for March 2028. Plaintiffs allege Indivior and Aquestive Therapeutics knew by 2011-2012 that the film's acidic sublingual formulation caused severe dental injuries but failed to warn until the FDA mandated label changes in January 2022. The litigation survived a partially denied motion to dismiss in January 2025 and employs a block-filing mechanism permitting up to 100 plaintiffs per complaint.
Causation Theory
The film's acidic pH and prolonged intraoral dissolution—5 to 10 minutes, often twice daily for years—create sustained enamel demineralization and cervical-margin caries. A 2022 JAMA study (Etminan et al.) found sublingual buprenorphine/naloxone users had a 1.67 adjusted hazard ratio for dental adverse events versus oral naltrexone and 1.42 versus transdermal buprenorphine, with incidence of 21.6 per 1,000 person-years. The FDA's January 2022 safety communication identified 305 FAERS reports, 43% serious, with median time to diagnosis of approximately two years; a 2023 VigiBase pharmacovigilance study confirmed disproportionate reporting (ROR 15.10 versus other buprenorphine formulations).
Case Management Orders
Litigation status
MDL 3092 is in active bellwether discovery before Judge J. Philip Calabrese in the N.D. Ohio. Second Amended Case Management Order No. 15 (entered March 27, 2026) governs a 500-case Records Collection Pool narrowing to 50 Core Discovery cases, then 15 Trial Pool cases, with four final bellwether selections due June 11, 2027. Core Discovery depositions run July 13, 2026 through January 15, 2027. The first bellwether trial is projected for March 2028. Judge Calabrese's December 31, 2024 order in Bennett v. Indivior Inc. preserved failure-to-warn claims for the 2010–June 2022 period and design-defect claims against Indivior Inc., Indivior Solutions, and Aquestive Therapeutics.
MDL Track
MDL 3092
N.D. Ohio
Suboxone (buprenorphine/naloxone) film products liability
1,849 pending
State Court Activity
Block filing mechanism permits up to 100 plaintiffs per complaint, increasing effective plaintiff count beyond docketed actions
MDL 3092 Leadership
Plaintiff Leadership
Co-Lead Counsel
Ashlie Case Sletvold
PEIFFER WOLF CARR KANE CONWAY & WISE, LLP
asletvold@peifferwolf.com(216) 589-9280Executive Committee and Liaison Counsel
Alyson Steele Beridon
HERZFELD, SUETHOLZ, GASTEL, LENISKI, AND WALL, PLLC
alyson@hsglawgroup.com(513) 381-2224Executive Committee
Defense Leadership
Defense Leadership
Geographic exposure
FDA Drug Safety Communication (January 12, 2022) mandated dental warning after reviewing 305 FAERS cases through December 2018, with 43% serious and 8.5% in patients with no prior dental problems. JAMA 2022 study (Etminan et al.) found adjusted hazard ratio 1.67 (95% CI 1.41-1.98) for dental adverse events with sublingual buprenorphine/naloxone vs. oral naltrexone. MDL 3092 exceeds 11,000 federal cases with 20,000+ additional plaintiffs via block filing as of mid-2026.
MDL 3092 (In re: Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation), Master Docket No. 1:24-md-03092, centralized before Judge J. Philip Calabrese in the U.S. District Court for the Northern District of Ohio. 1,827 pending federal actions as of September 1, 2026 JPML report; 11,000+ federal lawsuits with 20,000+ additional plaintiffs via block filing mechanism permitting up to 100 plaintiffs per complaint. First bellwether trial projected March 2028.
High opioid use disorder treatment penetration. Two-year SOL states face 2026 filing deadlines for patients with 2020-2022 exposure who discovered injury following FDA's January 12, 2022 Drug Safety Communication.
Extended-duration Suboxone film use common during 2010-2022 unwarned period. Two-year SOL states face 2026 filing deadlines for claims with discovery date of January 2022.
Major medication-assisted treatment prescriber concentration. FDA FAERS dental adverse events disproportionately reported in U.S. vs. Europe per 2023 VigiBase pharmacovigilance study (ROR=15.10, 95% CI 7.50-30.39 for sublingual/buccal vs. other formulations).
High buprenorphine/naloxone prescribing rates. JAMA 2022 study (Etminan et al.) identified 21,404 new sublingual buprenorphine/naloxone users in commercial claims data with 21.6 dental adverse events per 1,000 person-years; adjusted HR 1.67 (95% CI 1.41-1.98) vs. oral naltrexone.
Rural MAT expansion drove extended Suboxone film use 2012-2022. Two-year SOL runs from January 12, 2022 FDA Drug Safety Communication for many claimants; 2026 deadlines imminent.
Significant opioid treatment program enrollment. Block filing mechanism in MDL 3092 facilitates volume intake from high-exposure states.
Industrial corridor with documented opioid use disorder treatment scale-up. FDA FAERS data through December 2018 identified 305 dental adverse event cases nationwide, with median two-year time-to-diagnosis from treatment initiation.
Large MAT patient population. Four-year SOL preserves 2022 discovery-date claims through 2026; intake teams must verify exposure dates and dental injury documentation.
2025 California Dental Association narrative review (DeVore et al.) confirmed FDA warning basis and cited 43% serious classification of FAERS dental adverse events. Two-year SOL from discovery; 2022 FDA warning date controls for most claimants.
Key defendants
Indivior Inc.
Role: Manufacturer
Primary defendant; motions to dismiss largely denied Dec. 2024. Pushing federal preemption defense. Discovery ongoing with FDA filings and marketing docs ordered produced.
Indivior Solutions, Inc.
Role: Manufacturer
Subsidiary co-defendant; remains in MDL after Indivior PLC dismissed Sept. 2024. No separate defense posture noted.
Aquestive Therapeutics, Inc.
Role: Formulation Developer
Exclusive film formulation partner; court ordered production of internal records and FDA filings Sept. 2025. No dismissal motion granted.
| Defendant | Role | Intelligence Note |
|---|---|---|
| Indivior Inc. | Manufacturer | Primary defendant; motions to dismiss largely denied Dec. 2024. Pushing federal preemption defense. Discovery ongoing with FDA filings and marketing docs ordered produced. |
| Indivior Solutions, Inc. | Manufacturer | Subsidiary co-defendant; remains in MDL after Indivior PLC dismissed Sept. 2024. No separate defense posture noted. |
| Aquestive Therapeutics, Inc. | Formulation Developer | Exclusive film formulation partner; court ordered production of internal records and FDA filings Sept. 2025. No dismissal motion granted. |
Timeline
Suboxone Film Enters U.S. Market
Indivior launches sublingual film formulation as alternative to tablet. Label contains no dental warning.
FDA Issues Dental Safety Communication
FDA Drug Safety Communication warns of dental problems with transmucosal buprenorphine products, citing 305+ adverse event reports annually. Applies to Suboxone, Belbuca, Bunavail, Cassipa, Subutex, and Zubsolv.
FDA Mandates Suboxone Label Change
Suboxone film prescribing label updated to add dental adverse events warning at Section 5.13, including instruction to rinse with water after dissolution. More than 12 years post-launch.
JPML Creates MDL 3092
Judicial Panel on Multidistrict Litigation centralizes Suboxone dental injury cases as In re: Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation, MDL No. 3092, Master Docket No. 1:24-md-03092, before Judge J. Philip Calabrese in the Northern District of Ohio.
Court Denies Motion to Dismiss in Part
Judge Calabrese grants in part, denies in part defense motion to dismiss in Bennett v. Indivior Inc., Case No. 1:24-md-03092. Pre-2022 failure-to-warn claims and pre-approval design-defect claims survive; post-approval design-defect claims dismissed. Court rejects federal preemption argument for 2010–June 2022 period.
Block Filing Authorized; Records Pool Designated
Court permits 'block filing' of up to 100 plaintiffs per complaint. 500-case Records Collection Pool designated for medical and dental evidence gathering.
Bellwether Protocol Entered
Second Amended Case Management Order No. 15 establishes bellwether framework: 500-case pool → 50-case Core Discovery Pool → 15-case Trial Pool → 4 final bellwether cases by June 11, 2027. First trial projected March 2028.
Core Discovery Pool Selection Completed
50-case Core Discovery Pool finalized through random selection and party picks per bellwether protocol. Deposition window opens July 13, 2026.
MDL Reaches 1,827 Pending Actions
JPML statistics report 1,827 pending actions in MDL 3092, with 1,908 total historical actions. Individual plaintiff count exceeds 11,000 including block filings.
First Bellwether Trial Scheduled
First bellwether trial projected to commence before Judge Calabrese. Dispositive motions due March 12, 2027; final four bellwether cases selected by June 11, 2027; Rule 702 and summary judgment briefing completes December 2027.
Statute of limitations
MDL 3092 (In re: Suboxone Film Products Liability Litigation), N.D. Ohio, Judge Dan Aaron Polster. Indivior's June 2022 warning label update and FDA January 2022 Drug Safety Communication are defendant's preferred accrual dates. Plaintiffs argue individualized discovery dates based on when each patient learned of Suboxone-dental injury causation.
⚠New York
3 years from discovery
Rule: Product liability and personal injury claims; CPLR 214(2)
Discovery: Accrual tied to when plaintiff knew or should have known of Suboxone-dental injury link
June 2025 marks 3-year anniversary of Indivior's warning label update; intake window closing
Florida
4 years from discovery
Rule: Product liability claims under Fla. Stat. § 95.11(3)(a)
Discovery: Accrual begins when plaintiff discovers or should discover injury and its cause
Longer SOL provides buffer; FDA January 2022 warning and June 2022 label update remain key accrual dates
⚠Texas
2 years from discovery
Rule: Product liability claims under Tex. Civ. Prac. & Rem. Code § 16.003
Discovery: Accrual upon discovery of injury and causal connection
June 2024 marked 2-year anniversary of label update; late 2024 filings likely time-barred unless later discovery pleaded
⚠California
2 years from discovery
Rule: Product liability claims under Cal. Code Civ. Proc. § 335.1
Discovery: Accrual upon discovery of injury and its cause
June 2024 deadline passed for claims discovering injury at label update; ongoing use cases may argue later accrual
⚠Ohio
2 years from discovery
Rule: Product liability claims under Ohio Rev. Code § 2305.10
Discovery: Accrual upon discovery of injury and causal connection
MDL venue (N.D. Ohio); 2-year SOL from June 2022 label update has closed for most claims
⚠Massachusetts
3 years from discovery
Rule: Product liability claims under Mass. Gen. Laws ch. 260, § 2A
Discovery: Accrual upon discovery of injury and its cause
June 2025 deadline approaching for claims tied to label update; intake priority for late-discovery cases
North Carolina
6 years from occurrence
Rule: Product liability claims under N.C. Gen. Stat. § 1-50(6)
Discovery: Discovery rule limited; repose period runs from sale
Extended SOL advantageous, but 6-year repose from first sale may bar older Suboxone use; screen for first prescription date
| State | SOL | Rule | Discovery Rule | Notes |
|---|---|---|---|---|
| ⚠New York | 3 years from discovery | Product liability and personal injury claims; CPLR 214(2) | Accrual tied to when plaintiff knew or should have known of Suboxone-dental injury link | June 2025 marks 3-year anniversary of Indivior's warning label update; intake window closing |
| Florida | 4 years from discovery | Product liability claims under Fla. Stat. § 95.11(3)(a) | Accrual begins when plaintiff discovers or should discover injury and its cause | Longer SOL provides buffer; FDA January 2022 warning and June 2022 label update remain key accrual dates |
| ⚠Texas | 2 years from discovery | Product liability claims under Tex. Civ. Prac. & Rem. Code § 16.003 | Accrual upon discovery of injury and causal connection | June 2024 marked 2-year anniversary of label update; late 2024 filings likely time-barred unless later discovery pleaded |
| ⚠California | 2 years from discovery | Product liability claims under Cal. Code Civ. Proc. § 335.1 | Accrual upon discovery of injury and its cause | June 2024 deadline passed for claims discovering injury at label update; ongoing use cases may argue later accrual |
| ⚠Ohio | 2 years from discovery | Product liability claims under Ohio Rev. Code § 2305.10 | Accrual upon discovery of injury and causal connection | MDL venue (N.D. Ohio); 2-year SOL from June 2022 label update has closed for most claims |
| ⚠Massachusetts | 3 years from discovery | Product liability claims under Mass. Gen. Laws ch. 260, § 2A | Accrual upon discovery of injury and its cause | June 2025 deadline approaching for claims tied to label update; intake priority for late-discovery cases |
| North Carolina | 6 years from occurrence | Product liability claims under N.C. Gen. Stat. § 1-50(6) | Discovery rule limited; repose period runs from sale | Extended SOL advantageous, but 6-year repose from first sale may bar older Suboxone use; screen for first prescription date |
Live intelligence
AI litigation brief
Suboxone Teeth remains active mdl with 44 current signals in the accepted feed.
Overview
MDL 3092 is in active bellwether discovery before Judge J. Philip Calabrese in the N.D. Ohio. Second Amended Case Management Order No. 15 (entered March 27, 2026) governs a 500-case Records Collection Pool narrowing to 50 Core Discovery cases, then 15 Trial Pool cases, with four final bellwether selections due June 11, 2027. Core Discovery depositions run July 13, 2026 through January 15, 2027. The first bellwether trial is projected for March 2028. Judge Calabrese's December 31, 2024 order in Bennett v. Indivior Inc. preserved failure-to-warn claims for the 2010–June 2022 period and design-defect claims against Indivior Inc., Indivior Solutions, and Aquestive Therapeutics.
Key developments
Trajectory
Court filings and press coverage are both active in MDL 3092, pointing to sustained litigation pressure rather than a one-off headline cycle. 6 live sources are contributing current context.
Editorial intelligence
MDL 3092 should stay on the lead docket watch because it is the primary consolidation vehicle for Suboxone Teeth.
Generated Sep 30, 2026, 10:00 AM UTC
44 events detected
Google News (10)
FDA Updates Safety Labels of Buprenorphine Products - Managed Healthcare Executive
Suboxone Class Action Lawsuit: How Much Will I Get - LawFold.com
New Suboxone Lawsuit Update 2026: Key Facts - LawFold.com
All Opioids – Not Just Suboxone – Raise Risk of Dental Disease - Pain News Network
Many Rx Opioids – Not Just Suboxone – Raise Risk of Dental Disease - Pain News Network
Suboxone Dental Lawsuit 2026: Who Qualifies & Settlements - LawFold.com
Suboxone Tooth Decay Lawsuit Payout Guide 2026 - lawfold.com
Suboxone Tooth Decay Lawsuit Update 2026 Guide - LawFold.com
Suboxone Lawsuit Teeth: 2026 Updates and Payouts - LawFold.com
Suboxone Lawsuit Update 2026: Settlements & Who Qualifies - LawFold.com
International journal of pharmaceutics • Sun R • PMID 42749032 • Journal Article.
Frontiers in pharmacology • Sharma A • PMID 42798746 • Journal Article.
Journal of addiction medicine • Rotrosen J • PMID 42696557 • Journal Article.
Canadian family physician Medecin de famille canadien • Albert OM • PMID 42728042 • Journal Article.
Journal of addictive diseases • Fett D • PMID 42664032 • Journal Article.
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket filed in JPML: The plaintiffs are suing the manufacturers of Suboxone film, alleging that the drug was defectively designed and caused severe dental injuries such as erosion and decay. Despite being aware of the acidic properties of Suboxone film and its potential to harm dental health, the defendants reportedly f
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket entry from OHND: Complaint with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-13906495. Plaintiff has indicated that case may be related to pending civil action 3092. Filed by Patricia Louise Anthony. (Attachments: # 1 Civil Cover Sheet) (Copeland, Erin) (Entered: 09/29/2026)
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket entry from OHND: Complaint with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-13898701. Plaintiff has indicated that case may be related to pending civil action 1:24-MD-03092. Filed by John Barringer. (Attachments: # 1 Civil Cover Sheet) (Price, Robert) (Entered: 09/23/2026)
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket entry from OHND: Complaint with jury demand against Aquestive Therapeutics, Inc., F/K/A MonoSol Rx, LLC, Indivior Inc.,, Indivior Solutions, Inc.. Filing fee paid $ 405, Receipt number AOHNDC-13884713. Plaintiff has indicated that case may be related to pending civil action 1:24-md-03092-JPC. Filed by Jacy Grimm. (
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket entry from OHND: Complaint with jury demand against Aquestive Therapeutics, Inc., F/K/A MonoSol Rx, LLC, Indivior Inc.,, Indivior Solutions, Inc.. Filing fee paid $ 405, Receipt number AOHNDC-13884447. Plaintiff has indicated that case may be related to pending civil action 1:24-md-03092-JPC. Filed by Kurt Emrick.
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket entry from OHND: Complaint with jury demand against Aquestive Therapeutics, Inc., F/K/A MonoSol Rx, LLC, Indivior Inc.,, Indivior Solutions, Inc.. Filing fee paid $ 405, Receipt number AOHNDC-13859737. Plaintiff has indicated that case may be related to pending civil action 1:24-md-03092-JPC. Filed by Lisa Hagesell
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket entry from OHND: Complaint with jury demand against Aquestive Therapeutics, Inc., F/K/A MonoSol Rx, LLC, Indivior Solutions, Inc., Indivior, Inc.. Filing fee paid $ 405, Receipt number AOHNDC-13856296.. Filed by Artin Aghakhani. (Attachments: # 1 Civil Cover Sheet) (Nigh, Daniel) (Entered: 09/01/2026)
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket entry from OHND: Complaint with jury demand against Aquestive Therapeutics, Inc., F/K/A MonoSol Rx, LLC, Indivior Solutions, Inc., Indivior, Inc.. Filing fee paid $ 405, Receipt number AOHNDC-13856272.. Filed by Mason Adams. (Attachments: # 1 Civil Cover Sheet) (Nigh, Daniel) (Entered: 09/01/2026)
Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation
PACER docket entry from OHND: Complaint with jury demand against All Defendants. Filing fee paid $ 405, Receipt number AOHNDC-13855932. Plaintiff has indicated that case may be related to pending civil action 1:24-MD-03092. Filed by Amy Melissa Adkins. (Attachments: # 1 Civil Cover Sheet) (Price, Robert) (Entered: 09/01/2026)
Case Management Order No. 23 Scheduling of Provider Depositions
The Court issues Case Management Order No. 23, which defines terms and establishes procedures for scheduling depositions of healthcare providers for Core Discovery Plaintiffs in the MDL.
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LexGenius Ranking
92Score
Court, news, and regulatory activity are elevated
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Last: Sep 30, 2026, 10:00 AM UTC
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PACER
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Event feed
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AI Brief
Suboxone Teeth remains active mdl with 44 current signals in the accepted feed.
Overview
MDL 3092 is in active bellwether discovery before Judge J. Philip Calabrese in the N.D. Ohio. Second Amended Case Management Order No. 15 (entered March 27, 2026) governs a 500-case Records Collection Pool narrowing to 50 Core Discovery cases, then 15 Trial Pool cases, with four final bellwether selections due June 11, 2027. Core Discovery depositions run July 13, 2026 through January 15, 2027. The first bellwether trial is projected for March 2028. Judge Calabrese's December 31, 2024 order in Bennett v. Indivior Inc. preserved failure-to-warn claims for the 2010–June 2022 period and design-defect claims against Indivior Inc., Indivior Solutions, and Aquestive Therapeutics.
Key developments
PACER court filing on Dec 31: Suboxone (Buprenorphine/Naloxone) Film Products Liability Litigation. ‖ Managed Healthcare Executive news on Sep 17: FDA Updates Safety Labels of Buprenorphine Products - Managed Healthcare Executive. ‖ FAERS FDA alert on Jun 21: FAERS Filing 26907876: Dental caries. ‖ PubMed research on Sep 16: Dental caries associated with medications for opioid use disorder: drug effects, formulation factors, or both?.
Generated Sep 30, 2026, 10:00 AM UTC
Tracked MDLs
MDL 3092
N.D. Ohio
Suboxone (buprenorphine/naloxone) film products liability