Suboxone Tooth Decay Lawsuit — October 2026 Status: Lawsuits claiming brand-name Suboxone film caused tooth decay and tooth loss are consolidated in MDL 3092 in the Northern District of Ohio before Judge J. Philip Calabrese. The Judicial Panel on Multidistrict Litigation counted 2,022 actions pending on October 1, 2026, up 195 in one month. No settlement has been announced, the first bellwether trial is projected for around March 2028, and the next status conference is scheduled for October 27, 2026. Tennessee generally allows only one year to file (Tenn. Code Ann. § 28-3-104), usually measured from when you knew or should have known the film may have caused your dental injury. If you used the film and needed extractions, crowns or dentures, call (205) 407-6009 for a free review.
This page is for people in Tennessee who used Suboxone film as part of opioid-use-disorder treatment and later lost teeth, needed crowns or root canals, or ended up with dentures far earlier than they expected. Maybe you started treatment at a clinic in Knoxville or Clarksville and did the hard work recovery asks for. Then your teeth started breaking at the gum line. The lawsuits say that damage was foreseeable and the company should have warned about it sooner.
We’re Fob & Foster Personal Injury Lawyers, a Birmingham, Alabama firm that reviews Suboxone claims from anywhere in Tennessee by phone or video. This page covers what the lawsuits allege, who qualifies, which records prove a case, and how Tennessee’s one-year deadline works. That deadline is half as long as Alabama’s or Georgia’s, and it’s the main reason we’d rather hear from you this month than next spring.
Tennessee Deadline Warning: Tennessee generally gives you one year (Tenn. Code Ann. § 28-3-104) from when you knew or should have known your dental damage was linked to the film. The FDA’s warning has been public since January 2022, so expect a fight over the start date. Call (205) 407-6009 before the year runs out.
What the Suboxone Film Lawsuits Allege
Suboxone film is a thin strip of buprenorphine and naloxone that dissolves under the tongue or against the inside of the cheek. Indivior sells the brand-name film, which came to market in 2010. Aquestive Therapeutics, which manufactures the film, has been a named defendant since the MDL was formed in 2024.
Plaintiffs say Indivior knew or should have known the film could seriously damage teeth and failed to give doctors and patients an adequate dental warning until the FDA required one in January 2022. By then, the complaints say, many people had used the film for years and already had decay that couldn’t be reversed. These are allegations; no court has found either company liable. The lawsuits don’t question buprenorphine treatment or the people who rely on it. They target one product form and a warning plaintiffs say came too late.
Failure to Warn Is the Main Claim That Survived
On December 31, 2024, the MDL court ruled that failure-to-warn claims against Indivior Inc. could proceed and were not preempted by federal law at that stage. Design-defect claims aimed at the film as sold after its 2010 FDA approval were dismissed as preempted, though a narrower design claim about the period before approval was allowed to continue. So the cases turn mostly on warnings: what Indivior told prescribers about dental risk, and when.
How Suboxone Film Can Cause Tooth Decay
The complaints describe two forces working together. The film is acidic and dissolves slowly while pressed against the teeth and gums, and buprenorphine is associated with dry mouth. Saliva normally rinses away bacteria and buffers acid. With less saliva and an acidic film against the enamel every day, decay can start at the gum line and move fast.
People report decay along the gum line, teeth that break off at the base, infections, and several teeth lost in a short stretch, often with no serious dental history before the film. A dentist who charts that pattern in a patient with healthy old records is describing exactly what the plaintiffs’ theory predicts.
The FDA’s January 12, 2022 Warning About Buprenorphine and Dental Problems
On January 12, 2022, the FDA issued a Drug Safety Communication requiring new warnings about dental problems with buprenorphine medicines that dissolve in the mouth. The problems the FDA listed were tooth decay, cavities, oral infections and tooth loss. The warning applied to dissolving buprenorphine products generally, not only the film.
That date cuts both ways in Tennessee. It helps the warning case: the brand film had been sold for more than a decade before any dental warning arrived, and the lawsuits ask what the company knew in the meantime. It also hands the defense a timing argument, which we cover next.
How Tennessee’s One-Year Deadline Applies to a Suboxone Dental Claim
Tennessee gives most injured people one year to file, Tenn. Code Ann. § 28-3-104(a)(1). That is the single biggest risk to a Tennessee Suboxone claim. Some readers are already close to the line, and some are past it. We’d rather tell you now than have you learn it from a motion to dismiss.
The Discovery Rule, Applied to a Dental Chart
The one-year period generally runs from when you knew, or reasonably should have known, that you were injured and that someone’s conduct may have caused it. For decay that builds over months, that date is rarely obvious. It might be the visit where a dentist first named the film as a likely cause, or earlier if your records show you raised it yourself. It is not automatically the day you saw a lawsuit ad, and it isn’t automatically the FDA’s announcement date either.
Why the 2022 Warning Makes “Should Have Known” Arguments Real
Expect the defense to argue that the January 2022 warning, the label changes and the news coverage put people on notice. If a 2023 dental note reads “patient on Suboxone film, rampant decay,” the defense will say your year started then. Whether that works depends on what you were actually told and what the records show. Some Tennessee claims are already time-barred; others have more room than people fear. Real dates on paper are the only way to know.
The Ten-Year Statute of Repose and a Film First Sold in 2010
Tennessee product claims also face a statute of repose, Tenn. Code Ann. § 29-28-103(a). A suit generally must be brought within six years of the injury, and in any event within ten years from the date the product was first purchased for use or consumption (or one year after its anticipated life expires, if shorter), with narrow exceptions. Repose can bar a claim the discovery rule would otherwise save.
Because the brand film came out in 2010, repose questions are real for long-term users. A prescription is bought again with every fill, and how courts apply repose to a medication purchased month after month, or what “anticipated life” means for a drug, needs a lawyer’s look with your fill history in hand. We won’t guess at it on a web page.
| Tennessee rule | Statute | General effect | What we check in your file |
|---|---|---|---|
| Statute of limitations | Tenn. Code Ann. § 28-3-104(a)(1) | One year, generally from when you knew or reasonably should have known of the injury and its likely cause | Dental chart entries, the first time a cause was mentioned, what you were told and when |
| Statute of repose | Tenn. Code Ann. § 29-28-103(a) | Generally six years from injury, and in any event ten years from first purchase (or one year after anticipated life, if shorter), with narrow exceptions | Your first fill date, every fill since, and when the damage began |
| Wrongful death | Tenn. Code Ann. §§ 20-5-106, -107, -113 | Claim passes to the surviving spouse, children or next of kin; generally the same one-year limit | Date of death and the medical cause |
Which State’s Deadline Applies
Which state’s deadline governs can depend on where you lived, where you were treated and where the case is filed. For a Tennessee resident treated in Tennessee, plan on the one-year rule unless a lawyer tells you otherwise. Please don’t self-calculate from a chart. Call (205) 407-6009 and we’ll work the dates with you.
Who May Qualify for a Suboxone Tooth Decay Claim in Tennessee
We start every review with the same handful of facts. You may have a claim worth filing if most of these describe you:
- You used brand-name Suboxone film, the dissolving strip, for some period of time, whether that was a few months or many years.
- You developed serious dental problems during or after that use: decay, cavities needing major work, oral infections, broken teeth or tooth loss.
- You needed significant treatment, such as extractions, crowns, root canals, implants, bridges, or partial or full dentures, or a dentist has given you a treatment plan you haven’t been able to afford yet.
- Your dates fit within Tennessee’s one-year limitations period and the repose statute, or there’s a fact-based argument that they do.
A past filling or two doesn’t rule you out. The question is whether the damage after you started the film was different in kind or pace from what came before, and old dental records answer that better than memory.
What if I Switched to Generic Film or Tablets?
Pharmacies and insurers often switch patients without much notice. The FDA approved generic films in June 2018, and generics have been steadily available since February 2019. Because a generic label must match the brand label, courts have generally shielded generic makers from failure-to-warn claims, so these cases focus on Indivior’s brand-name film.
If you used brand film before a switch, that period may still support a claim. If you only used generic film or tablets, these claims generally won’t fit. Your pharmacy fill history usually shows the manufacturer for each fill, which can settle the question.
Used Suboxone film in Tennessee and lost teeth? Tell us roughly when you started the film and when the dental trouble began, and we’ll tell you whether the dates still look workable. Call (205) 407-6009 or send us your question online.
Do I Have to Stop Treatment to File a Suboxone Claim?
Your Recovery Comes First: You don’t have to stop Suboxone or any buprenorphine treatment to file a claim, and you should never change your medication without your prescriber. If your teeth hurt, see a dentist. The FDA advises taking a large sip of water after the film dissolves, swishing it gently over your teeth and gums, swallowing, and waiting at least an hour before brushing.
No. Filing a dental injury claim does not require you to stop buprenorphine, leave your program or change anything about your care. Any change to your medication is a decision for you and your prescriber, and it should never be driven by a lawsuit. Please don’t stop or switch a prescription on your own because of anything you read here.
Some people put off calling a lawyer because they worry a claim could put their treatment at risk. The case is about your teeth and a product label, and your prescription stays between you and your prescriber.
Privacy and Your Treatment Records
A claim does require proof that you were prescribed the film, so some pharmacy and treatment records become part of the case. For people in recovery who have worked hard to keep their health information private, that’s a fair worry. Before anything is filed, we go over which records the case needs, who will see them, and what can be kept confidential.
Records That Prove a Tennessee Suboxone Dental Case
You prove a Suboxone case with two sets of paper: proof you used brand-name film and when, and proof of what happened to your teeth. If you’ve moved, say from Chattanooga to Murfreesboro, ask every pharmacy and dental office you used.
| Record | Where to get it | Why it matters |
|---|---|---|
| Pharmacy fill history | Every pharmacy that filled your prescription; most can print a history at the counter | Shows brand film versus generic, the first fill date, and how long you used it |
| Prescriber or program records | Your treatment clinic, office-based prescriber or program | Confirms the film was prescribed (not tablets) and the dates |
| Health plan claims history | Your insurer, or TennCare if you were a member | Backup proof of fills when a pharmacy has closed or purged old records |
| Dental chart and clinical notes | Each general dentist you’ve seen | Describes the decay, its location and pace, and any note connecting it to the film |
| Dental X-rays | Your dentist or oral surgeon | Shows progression over time and the before-and-after picture |
| Treatment plans and written estimates | Dentist, oral surgeon, prosthodontist or denture clinic | Documents future care you still need and what it costs |
| Dental bills and receipts | Dental offices, your insurer, card or bank statements | Proves what you’ve already paid |
| Dental records from before the film | Earlier dentists, even from years back | Establishes a healthy baseline and answers the “bad teeth before” defense |
| Photos | Your phone, social media, family pictures | Shows your smile before and after in a way a chart can’t |
What a Helpful Dentist’s Note Contains
The most valuable page in many files is a dentist’s note recording that you used Suboxone film, what the decay looked like and where, and the dentist’s view of the cause if they have one. Never ask a dentist to write something they don’t believe. A candid note such as “decay concentrated at gum line, patient reports daily Suboxone film use since 2016” beats a bare conclusion.
Tennessee Product Liability Law for Suboxone Claims
The Tennessee Products Liability Act
Claims against drug makers fall under the Tennessee Products Liability Act, Tenn. Code Ann. § 29-28-101 et seq., which covers products sold defective or unreasonably dangerous, including without adequate warnings. With post-approval design claims dismissed in the MDL, warnings are the heart of a Tennessee Suboxone case.
Warnings Run to the Prescriber
Tennessee follows the learned intermediary doctrine, Pittman v. Upjohn Co. (Tenn. 1994). The manufacturer’s duty to warn runs to the prescriber, so the case asks what Indivior told the doctors and nurse practitioners who prescribed the film, and whether a clear dental warning would have changed their advice or monitoring.
Comparative Fault and What the Defense Will Raise
Tennessee uses modified comparative fault, McIntyre v. Balentine (Tenn. 1992). You can recover if you are less than 50% at fault, and your award is reduced by your share. Expect the defense to point to prior dental history, gaps between cleanings and other medications that dry the mouth. That’s why we push for records from before the film.
Tennessee Damages Rules and Caps
- Economic damages (past and future dental bills, lost earnings) are not capped.
- Noneconomic damages (pain, suffering, loss of enjoyment of life) are capped at $750,000, or $1,000,000 for catastrophic losses as the statute defines them, Tenn. Code Ann. § 29-39-102.
- Punitive damages are generally capped at the greater of twice compensatory damages or $500,000, Tenn. Code Ann. § 29-39-104. For an FDA-approved drug like Suboxone film, § 29-39-104(d) generally bars punitive damages unless the manufacturer withheld or misrepresented material information to the FDA.
In most dental claims, the cost of extractions, implants and dentures, now and later, is a large share of the case, and that part has no cap. If a family is dealing with a death, the wrongful death rules in the deadline table above apply.
What Affects the Value of a Suboxone Tooth Decay Claim
No Suboxone settlement has been announced and no bellwether has been tried, so anyone quoting an average payout is guessing. These are the facts that move a dental claim:
- How much dental work you’ve needed. A full set of extractions and dentures is a different case from two crowns.
- Future treatment. Implants and dentures need repair and replacement over time. Written estimates make that cost concrete.
- Your dental history before the film. A clean baseline is strong; heavy prior dental work invites a causation fight.
- How long you used brand-name film, and whether you used it before and after the January 2022 warning.
- The quality of the dental records, including whether a dentist noted the film and the decay pattern.
- Effects on daily life: pain, trouble eating or speaking, changes to your appearance, and effects on work.
- Timing. A claim filed well inside the deadline beats one fighting a limitations motion.
MDL 3092 Bellwether Schedule and When a Settlement Could Come
The JPML’s October 1, 2026 pending-docket report lists 2,022 actions pending in MDL 3092, up from 1,827 on September 1, the biggest monthly jump since September 2025. A separate “served claims” census, reported by attorneys at 17,911 in June 2026 and more than 20,000 in September 2026, counts claimants differently.
In a bellwether process, a few representative cases are prepared for trial first. The court’s March 27, 2026 bellwether order sets this path:
| Stage | What happens | Scheduled timing |
|---|---|---|
| Records collection pool | 500 randomly selected plaintiffs whose records are collected and reviewed | Designated in 2025 |
| Core discovery pool | 100 cases drawn from the records pool, cut to 50 (20 random, 15 picked by each side) for fuller discovery and depositions | Depositions July 13, 2026 through January 15, 2027 |
| Trial pool | 15 cases (5 picked by each side, 5 random) | January 29, 2027 |
| Bellwether selection | 4 cases chosen for trial | Targeted for June 11, 2027 |
| First bellwether trial | First jury hears a Suboxone film case | Targeted for March 2028 |
When Will the Suboxone Lawsuit Be Settled?
Nobody knows. There’s no settlement and no payout date. Settlement talks in large MDLs often pick up after bellwether trials, and the first one here is projected for around March 2028. In Tennessee, waiting for news is a mistake, because the one-year deadline keeps running.
If You Already Signed Up Somewhere, Confirm a Case Was Filed
In April 2026, the judge reportedly ordered claimants on abbreviated “Schedule A” filings to file individual cases or face dismissal. If you signed up through an ad and assumed you were “in,” ask your lawyer in writing whether an individual complaint was filed for you. If you can’t get a straight answer, we’ll take a look.
What to Do This Week if You Used Suboxone Film in Tennessee
- Keep your treatment on track. Don’t stop or change your medication without talking to your prescriber.
- Write down your dates. When you started the film, any switches to generic or tablets, when your teeth started breaking, and when a dentist first said anything about the cause.
- Ask your pharmacy for a fill history. Request every year available, from every pharmacy you’ve used.
- Request your dental records and X-rays from each dentist, including any you saw before the film.
- Keep every dental bill, receipt and treatment estimate, even the ones you couldn’t afford to act on.
- Take photos of your teeth now and gather older photos that show your smile before the damage.
- Call a lawyer before the one-year mark, not after. If you aren’t sure where you stand on the deadline, that’s the best reason to call this week.
If you searched for a Suboxone lawyer near me in Nashville, Memphis or Johnson City and landed here, you don’t need to drive anywhere. We do these reviews by phone or video, and you can send records by email or upload.
Suboxone Litigation Updates
October 20, 2026 – Next MDL Status Conference Scheduled for October 27
The next MDL 3092 status conference is scheduled for October 27, 2026. No settlement has been announced.
October 1, 2026 – JPML Reports 2,022 Pending Suboxone Film Cases
The JPML listed 2,022 actions pending, up 195 from 1,827 on September 1, 2026, the biggest monthly jump since September 2025.
July 13, 2026 – Core Discovery Depositions Begin
Under the court’s bellwether order, depositions in the 50-case core discovery pool run from July 13, 2026 through January 15, 2027. A 15-case trial pool is due January 29, 2027, and four bellwether cases are to be chosen by June 11, 2027.
April 2026 – Court Orders Schedule A Claimants to File Individual Cases
The judge reportedly ordered Schedule A claimants to file individual cases or face dismissal. New complaints continue to name both Indivior and Aquestive Therapeutics, the film’s manufacturer.
December 31, 2024 – Failure-to-Warn Claims Allowed to Proceed
The court let failure-to-warn claims against Indivior Inc. proceed and dismissed design-defect claims aimed at the film after its 2010 approval as preempted, while a narrower pre-approval design claim survived.
January 12, 2022 – FDA Requires Dental Warnings for Dissolving Buprenorphine
The FDA’s Drug Safety Communication required new warnings about tooth decay, cavities, oral infections and tooth loss for buprenorphine medicines dissolved in the mouth.
Tennessee Suboxone Lawsuit FAQs
Is it too late to file a Suboxone tooth decay claim in Tennessee?
It may not be, but Tennessee is tight. The state generally allows one year under Tenn. Code Ann. § 28-3-104, counted from when you knew or reasonably should have known of your dental injury and its likely cause. The defense will point to the January 2022 FDA warning, and a repose statute sets an outer limit. Your own dates decide it, so call and we’ll work through them.
Does Suboxone film rot your teeth?
In January 2022 the FDA required new warnings linking buprenorphine medicines dissolved in the mouth to tooth decay, cavities, oral infections and tooth loss. The lawsuits allege the acidic film, combined with buprenorphine-related dry mouth, causes decay at the gum line. Not everyone who uses the film has dental problems, and causation in a given case is for a court to decide.
Do I qualify for the Suboxone lawsuit if I took tablets or generic film?
Generally not, if that’s all you ever used. These claims focus on brand-name Suboxone film made by Indivior, because generic makers are generally shielded from failure-to-warn claims and tablets aren’t part of this litigation. If you used brand film before a switch to generic, that period may still count. Your pharmacy fill history shows which version you received.
When will the Suboxone tooth decay lawsuit be settled?
No one can say. As of October 2026 there is no settlement and no payout date. The court’s schedule calls for four bellwether cases to be chosen by June 11, 2027, with the first trial projected around March 2028. Settlements often follow early trials, but nothing is guaranteed, and Tennessee’s one-year deadline keeps running in the meantime.
Is there a Suboxone class action?
No. The federal Suboxone tooth decay cases are individual lawsuits grouped in MDL 3092 in the Northern District of Ohio for pretrial work, with 2,022 actions pending as of October 1, 2026. Each person files and keeps their own claim, so your own dental damage, records and deadline matter, and any resolution would turn on individual facts.
Do I need a Tennessee lawyer for a Suboxone claim, or will any national firm do?
You need a lawyer who will look closely at Tennessee’s one-year limitations period, its repose statute, comparative fault and damages caps, because those rules decide whether a claim survives. Fob & Foster is based in Birmingham, reviews Tennessee claims by phone or video, and works alongside national co-counsel litigating these mass torts. Whoever you hire, ask how they calculated your Tennessee deadline.
How much does it cost to hire a Suboxone lawyer?
Nothing up front with us. The review is free, and we handle Suboxone claims on a contingency fee, which means no fee unless we recover money for you. We explain the fee agreement and how case expenses work in writing before you sign. If we don’t think your claim works, we’ll tell you at no charge.
Will filing a claim affect my treatment or my privacy?
Filing doesn’t require you to stop buprenorphine or leave your program, and medication decisions stay between you and your prescriber. The claim does need proof that you were prescribed the film, so some pharmacy and treatment records become part of the case. Before anything is filed, we go over which records are needed, who will see them, and what can be kept confidential, so you can decide with full information.
I already had my teeth pulled and wear dentures. Can I still file?
Yes, if the timing works. Extractions and dentures are among the most serious injuries in these cases, and both the work already done and future repairs and replacements are part of the damages. Records and X-rays from before the extractions are key evidence, so request them now. We’d also look at when you first connected the tooth loss to the film.
Will I have to travel to Ohio for the Suboxone MDL?
Most people with a case in an MDL never go to the courthouse. Pretrial work in MDL 3092 runs through lawyers, filings and records, and most of what a client provides can be done from home in Tennessee. A plaintiff picked as a bellwether would have a bigger role, possibly including a deposition and trial, and we’d plan that with you well ahead.
Talk to Us About Your Tennessee Suboxone Claim
Fob & Foster Personal Injury Lawyers is based at 2226 1st Ave S, Suite 105, in Birmingham, Alabama. We review Suboxone film claims from Memphis to Johnson City, including Nashville, Knoxville, Chattanooga, Franklin and Jackson, by phone or video, and we work alongside national co-counsel who are litigating these mass torts.
The free review is a real conversation. We’ll ask when you started the film, whether you were switched to a generic, what dental work you’ve had, and when anyone first tied it to the film. Then we’ll tell you straight whether your dates still work under Tennessee law and what to gather next. No fee unless we recover.
Call (205) 407-6009 or toll-free (866) 837-1010, or send us your question online. With a one-year deadline, the call you make this week can matter more than any other step.