Suboxone® Dental Decay
The claim: This case alleges that the prescription medication Suboxone causes significant damage to patients’ teeth. Additionally, the defendants are alleged not to have warned patients and physicians of Suboxone’s material risk to teeth.
The class: The plaintiff brings this action on behalf of himself and all persons resident in Canada who were prescribed Suboxone since 2007, and who developed dental issues, including but not limited to, tooth decay, cavities, oral infections, tooth caries, gum disease, and loss of teeth.
Our Partners: We are working with the law firm of Thomson Rogers to bring this claim.
The court will decide at a later date if the case will proceed as a class action.
- May 24, 2024: The plaintiff issued a Notice of Civil Claim.
- ‘Scared about smiling’: Suboxone’s dental risks spur class-action lawsuit, Canadian Affairs, August 9, 2024.
What is this class action about?
This class action is about the alleged failure to warn of severe dental side effects, such as damage to teeth, allegedly caused by Suboxone.
How do I apply/join?
While you will automatically be included in the class action if the Court grants permission for it to proceed as a class action, your ultimate ability to claim in any settlement or judgment may be impacted by the availability of your medical records. If you wish for us to collect your medical and dental records to preserve them in support of your ability to make claims in the future, you can complete a retainer by contacting us through this email address: suboxone@sotos.ca.
What are the eligibility requirements?
The proposed class definition includes residents of Canada who used Suboxone Products at any time on or before the claim is certified as a class action. The exact class definition is subject to Court approval, and any settlement will have specific claims criteria that will need to be met to be eligible for compensation. These claims criteria will also be subject to Court approval.
How long do I need to be on Suboxone?
There is no minimum length of time.
Is methadone included?
No. This class action relates exclusively to Suboxone.
What forms of Suboxone are included?
Buccal formulations, which are placed inside your cheek to dissolve, and sublingual formulations, which are placed under your tongue to dissolve, are included.
If I am incarcerated, how do I apply?
Please contact us and we can send a paper copy of the retainer and related materials for you to return to us.
What is an acceptable form of ID?
Any government-issued photo ID is acceptable.
Do I have to pay anything?
No payment is necessary at this time.
The retainer says I might have to pay. Can you explain this?
If the Court approves of the claim proceeding as a class action, you will not need to pay any funds or be exposed to any potential costs award if the claim is unsuccessful before your individual participation is required.
If the class action proceeds to a point requiring your individual participation, such as an individual issues trial, you may become exposed to an award of adverse costs if you are not successful.
If the Court does not permit the claim to proceed as a class action, we may, at our discretion, agree to proceed with a mass tort or group action claim. In a mass tort or group action claim, you may be exposed to an award of adverse costs if your claim is not ultimately successful. We would require your specific instructions to proceed with any such claim, and would discuss these risks with you if and when it becomes necessary to consider such claims.
What happens if the class action does not move forward?
We will explore the feasibility of advancing mass tort or group action claims. If such claims seem feasible, you may have the option to continue in a mass tort or group action claim, and we will contact you to discuss next steps.
What is a mass tort?
A mass tort is the grouping, with direct participation of all affected individuals, of a large number of claims involving similar issues. It is another means of seeking compensation for similar harms when a class action is not feasible.
When will I be compensated?
If the claim is successful, there may be compensation payable to those affected by Suboxone. It typically takes a few years for a class action to work its way through the justice system.
I lost all my teeth. Can I get money now?
We have not yet reached a settlement or obtained a judgment, so there is not yet any compensation available. If you sign up for this class action, we will provide you updates at the email address you provide and, if a settlement is reached, we will be able to assist you with preparing an application once any settlement is approved by the Court.
What if I don’t remember my doctor’s name?
Provide as much information as possible, including clinic name, location, and any other details you remember, and we will attempt to assist you if feasible. We cannot guarantee we will be able to identify your healthcare providers, though.
Where can I find an update?
You can check this webpage which will be updated as the case progresses. Please also register for updates above. We will send email updates when important developments happen.