New Census of Suboxone Tooth Decay Lawsuits Required

New Census of Suboxone Tooth Decay Lawsuits Required

Santa Clara, CAJudge Calabrese, in the U.S. District Court for the Northern District of Ohio, issued a recent order that requires all Suboxone tooth decay lawsuits filed from October 1 and onward to complete a new census form within 60 days of filing. As well, Suboxone bellwether trials are being scheduled.

Suboxone tooth decay lawsuits claim that Suboxone’s sublingual film formulation is acidic, dissolves in the mouth, and contributed to severe dental injuries (tooth decay, erosion, loss) and that the manufacturer Indivior, along with associates, failed to adequately warn of the risk.

According to court documents and Aboutlawsuits.com, the original census protocols applied to all cases filed up to October 7, 2024. For all plaintiffs who filed Suboxone tooth decay lawsuits between October 8, 2024 and September 30, 2025, the filing deadline for the census is set at June 1, 2026.

MDL Backlog

These new census procedures are created to assist both the court and lawyers better understand the size and scope of the suboxone litigation, and to prevent another backlog.

Previously, the Suboxone multi-district litigation (MDL3092 was approved and consolidated in early 2024) claims skyrocketed as various state statute of limitations dates approached, since the 2022 FDA label warning update. To facilitate pretrial proceedings, Judge Calabrese allowed multiple claims to be filed on a single complaint and extended discovery deadlines for each individual case.

As of November 2025, the MDL docket shows about 1,870 cases pending, but some sources report that over 11,000 claims have been filed. This discrepancy suggests that many filings were either bundled, delayed or stalled – creating a potential backlog.

One plaintiff’s attorney said the census forms appear designed to collect standardized key information (e.g., prescription history, dental injury details, dental treatment history) across all claims. As well, the court is pretty much “second-rounding the census”, meaning that after the initial census covered earlier filings, the intention of this next level is to give the court and parties a clearer view of the “viable plaintiff universe”.

Suboxone Bellwether Trials

Bellwether trials for tooth decay lawsuits are currently being scheduled. These cases show how juries may respond to arguments in Suboxone lawsuits and can influence future settlement negotiations. Previously, the court assigned 500 cases for a “Records Collection Pool”, whereby 100 cases will be narrowed down to represent eligibility for the next phase of discovery. Next, the parties involved would select a group of claims that will be eligible for the first bellwether trials.

The results of these trials are intended for parties to negotiate and reach a Suboxone tooth decay settlement agreement. A global settlement would prevent thousands of time-consuming and expensive individual federal trials, and it would allow plaintiffs in the MDL to access compensation without going to court. If a settlement is not reached, Judge Calabrese could begin remanding thousands of individual claims to their originating court for individual trial dates.

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