How to Get Money From a Suboxone Lawsuit [2024 Update]

Thousands of lawsuits have been filed nationwide against the manufacturer of Suboxone, alleging that the addiction treatment drug can cause severe oral health issues, including tooth decay. If you or a loved one suffered dental problems after taking Suboxone, you may wonder how to secure compensation and how to determine the value of your case. There is a structured legal process to help plaintiffs secure the recovery they deserve if they were harmed by the drug.

The amount of money a person may receive in a Suboxone lawsuit will depend on several factors, including the severity of their injuries, the costs of medical and dental procedures, lost wages, future medical expenses, and other circumstances. Individuals who have sustained damages as a result of taking Suboxone are encouraged to consult with an attorney as soon as possible to determine their eligibility for compensation and the best course of legal action.

How to Get Money From a Suboxone Lawsuit:

How Do I Get Money From a Suboxone Lawsuit?

The best way to secure compensation from a Suboxone lawsuit is by following the legal process outlined by your attorney, as guided by the court. The Suboxone Film Products Liability Litigation (MDL 3092) is still in the early stages, so it may take some time before plaintiffs know the potential payout amounts. While the litigation may take some time, multidistrict litigation has significant advantages. It allows each case to be treated individually, which may result in substantially higher compensation than a class action lawsuit. 

It is important to note that MDL 3092 is distinct from the Suboxone Class Action lawsuit (In Re: Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation), which was based on an antitrust claim and not on the safety of the drug. To receive compensation from MDL 3092, a specific process must be followed, and your lawsuit must be filed through the court to ensure you are eligible to collect compensation as part of this ongoing litigation.

5 Steps to Get Money From a Suboxone Lawsuit

There are five steps involved in earning compensation from a Suboxone lawsuit. Each of these steps is critical to ensuring a successful outcome of your case. Of key importance is staying patient, working closely with your attorney throughout the process, and being transparent about all information that could strengthen your case. 

By navigating the legal process with patience, diligence, and full disclosure, plaintiffs can potentially maximize their chances of securing compensation, as these efforts help build a more robust case against the manufacturer of Suboxone, Indivior.

Step 1: Speak with a Suboxone Tooth Decay Lawyer

The first step in a Suboxone lawsuit is to speak with a lawyer about your case. During the initial consultation with a Suboxone tooth decay lawyer, you should be ready to share the details of your medical and dental history, including the severity of tooth decay, any dental treatments undergone, and the timeline of Suboxone use. 

Additionally, it is important to provide documentation that may help your attorney evaluate your case and determine whether you may be eligible for compensation. Necessary documentation may include medical records, dental bills, and any communication with healthcare providers related to your injuries. 

Step 2: File Your Claim to Start the Suboxone Lawsuit Process

The next step in a Suboxone lawsuit is officially filing the lawsuit or legal claim. This may include signing a retainer agreement to formalize the attorney-client relationship, gathering the evidence necessary to substantiate your case, and filing a complaint through the designated legal process. 

To file a Suboxone lawsuit, a plaintiff must:

• Sign a Retainer Agreement: A retainer agreement formalizes the attorney-client relationship and gives the lawyer the authority to represent you.
  
• Gather the Necessary Evidence: To help support your case, you will need to collect all relevant documents, including medical and dental records, bills, and proof of Suboxone use. 
• File the Complaint: In general, MDL cases, like MDL 3092, use a Short Form Complaint to help streamline filings referencing overarching claims. Your attorney can help determine the appropriate complaint to file (long or short form). The complaint is filed in court, making the lawsuit official. 
• Submit Additional Documentation: Throughout the case, you may be asked to submit additional documents, including a Plaintiff Fact Sheet which provides detailed personal, medical, and damages information.

Step 3: Move Through the Legal Proceedings in Your Suboxone Case

Once the official lawsuit is filed, your case will need to move through the legal proceedings, including the Discovery phase, bellwether trials, and pre-trial motions, before going to trial.

Filing the Suboxone Lawsuit and Joining the MDL:

• Your attorney will file a lawsuit against Indivior, Inc. (the manufacturer of Suboxone) and potentially other defendants involved.
  
• The case will be transferred to the Suboxone MDL (if it qualifies), which consolidates similar cases for more efficient handling in a single federal court.

Discovery Phase in the Suboxone MDL (coordinated across many cases):

• Shared Document Review: Evidence, including internal documents from Indivior, medical studies, and FDA records, is shared with all plaintiffs’ attorneys.
• Common Depositions: Key witnesses, such as Indivior executives, medical experts, and regulatory authorities, may provide testimony once, and this testimony is used across all cases in the MDL.
• Plaintiff-Specific Discovery: You may be asked to provide personal records, including your medical history, prescriptions, and any adverse effects experienced from taking Suboxone.

Bellwether Trials in the Suboxone MDL:

• MDL cases often include bellwether trials, which are selected cases that go to trial first. These serve as test cases to gauge how future trials might proceed.
  
• The outcomes of bellwether trials can help set the tone for settlement negotiations or influence how remaining cases are handled.

Pre-Trial Motions in a Suboxone Lawsuit:

• Attorneys for both sides will file motions to dismiss claims or limit evidence before trial. Depending on these motions, certain elements of the case may be dismissed or narrowed.

Step 4: Reach a Settlement or Prepare for Trial in Your Suboxone Lawsuit

In general, most Suboxone lawsuits are settled through after discovery and bellwether trials. Settlement amounts depend on a number of factors, including the severity of the injuries. If a fair and full settlement cannot be reached, your case may be set for trial. If the outcome of the trial is unfavorable, your claim may be eligible for a post-trial appeal. Due to the complexities of Suboxone lawsuits, it is essential to maintain constant communication with your attorney throughout the process. 

Settlement Negotiations in a Suboxone Lawsuit:

• The majority of MDL cases are settled before going to trial. After the discovery process and bellwether trials, global settlement negotiations often take place.
• Settlement offers are based on a tiered system, with plaintiffs grouped by the severity of their injuries and the strength of their evidence.
• Your attorney will review any potential settlement offers and advise you on whether it’s in your best interest to accept or continue to trial.

If no settlement is reached, your case may be remanded to the original court, where it was filed for trial. During the trial, both sides will present their arguments. Your attorney will present evidence that Suboxone caused harm, such as dental injuries, and that Indivior failed to properly warn users of these risks. A judge or jury will then decide if Indivior is liable and determine the compensation amount for your specific case.

If the trial ends in favor of the plaintiff, Indivior may appeal the decision, leading to additional legal proceedings. Similarly, if you lose the trial, your attorney may file an appeal. The appeal process can add several months or even years to the resolution of the case, delaying any potential payout. Throughout these proceedings, your attorney will guide you through the MDL-specific process.

Step 5: Money From Your Suboxone Settlement Is Distributed to Plaintiffs

A settlement fund is established to compensate all eligible plaintiffs based on the total amount agreed upon by Indivior, Inc. and plaintiffs’ attorneys. Compensation is distributed through a tiered system, with more severe injuries and stronger evidence leading to higher payouts. However, prior to receiving your recovery, certain fees and costs will be deducted. For instance, attorney fees (typically 25%-40%) and lawsuit-related costs (e.g., filing fees, expert witness fees) are deducted from the settlement before a payout.

If Medicare, Medicaid, or private insurance covered medical treatments, these entities may place a lien on the settlement, which could reduce the final payout. After fees and liens are resolved, plaintiffs receive their compensation via direct deposit, check, or structured settlement, with most opting for a lump sum. The payment process typically takes 6-12 months or longer, depending on the number of plaintiffs, claim complexity, and lien resolutions.

In a Suboxone settlement, compensation for physical injuries, illnesses, and pain/suffering is non-taxable. However, compensation related to emotional distress (unrelated to physical harm), punitive damages, and lost wages are taxable.

What Expenses Will My Suboxone Settlement Cover?

A settlement in a Suboxone lawsuit may cover both economic and non-economic losses, such as past and future medical expenses, pain and suffering, lost wages, and legal fees. It is important to work with an experienced attorney to determine what expenses your Suboxone settlement will cover. 

Damages in a Suboxone settlement may include compensation for:

Medical Expenses:

• Past Medical Bills: Covers treatments like dental procedures, surgeries, and doctor visits.
• Future Medical Care: Compensation for ongoing or future medical needs, such as dental repairs or long-term care.

Pain and Suffering:

• Physical Pain: Compensation for the physical pain caused by Suboxone side effects like tooth decay.
• Emotional Distress: Covers psychological suffering such as anxiety or depression resulting from Suboxone-related health issues.

Lost Wages:

• Past Lost Wages: Reimbursement for income lost due to Suboxone-related injuries or treatments.
• Future Lost Earning Capacity: Compensation for reduced ability to work or earn income in the future.

Out-of-Pocket Costs:

• Prescription Medications: Reimbursement for medications related to Suboxone injury treatments.
• Travel Expenses: Covers travel costs incurred for medical care, such as gas, parking, or accommodation.
• Other Necessary Expenses: These include any additional costs related to managing your health after Suboxone use.

Permanent Disability or Impairment:

• Disability: Compensation for long-term or permanent damage affecting daily life and future work capacity.

Punitive Damages:

• Punitive Damages: Potential damages awarded to punish Indivior, Inc. for negligence or misconduct, though these are less common.

Legal Fees and Costs:

Legal Fees: Covers attorney fees and legal costs, typically 25-40% of the settlement on a contingency basis.

How Much Money Can I Get From a Suboxone Lawsuit?

While the Suboxone MDL is still in its early stages, it is estimated that settlement amounts will range from $50,000 to $150,000 per person, with the average payout being around $100,000. For individuals with more severe damages, settlements could exceed $150,000, depending on the extent of their injuries. 

What Factors Influence the Payout in a Suboxone Lawsuit?

Various factors may affect the settlement amount in a Suboxone lawsuit, including the severity of the injuries, the strength of the medical evidence, duration of Suboxone use, lost wages, impact on your quality of life, and more. It is essential to work closely with your attorney to determine the potential value of your case and whether you may be eligible for additional compensation related to punitive damages where there was a case of extreme negligence. 

Factors that influence the payout in a Suboxone lawsuit:

• Severity of Injuries: More severe injuries, such as tooth decay, cavities, gum disease, or permanent disability, lead to higher payouts.
• Medical Evidence: Strong, well-documented medical records linking injuries to Suboxone use increase the likelihood of a higher settlement.
• Duration of Suboxone Use: Long-term use of Suboxone generally results in higher compensation, especially when a person has suffered severe health issues due to the drug.
• Lost Wages and Earning Capacity: Compensation includes lost wages due to injury and reduced future earning potential if injuries impair the ability to work.
• Impact on Quality of Life: Plaintiffs experiencing chronic pain, emotional distress, or reduced ability to participate in daily life may receive additional compensation for pain and suffering.
• Strength of Legal Case: The strength of evidence proving Indivior’s liability and outcomes of bellwether trials can significantly affect settlement amounts.
• Punitive Damages: In cases of extreme negligence or misconduct by Indivior, punitive damages may be awarded, potentially increasing payouts for some plaintiffs.

When Will I Receive My Money from a Suboxone Settlement?

It typically takes from 6 to 12 months after a Suboxone settlement is finalized and approved by the court for a person to receive a payout. Factors that may affect the amount of time it takes to receive money include the complexity of the case and the number of plaintiffs in the MDL. Each claim is reviewed based on injury severity, evidence strength, and settlement tier, which can take a few months. Medicare, Medicaid, or private insurance liens must also be resolved before the final payout, which can take several weeks to months. In addition to lien disputes, other delays, such as documentation errors or legal challenges, may extend the timeline.

After claims are reviewed and liens resolved, funds are distributed as a lump sum, typically within 6 to 12 months after settlement finalization. Plaintiffs can opt for structured settlements, receiving payments in installments over time rather than a lump sum. Maintaining communication with your attorney is imperative to ensure you stay up-to-date throughout the process.

How Long Do I Have to File a Suboxone Lawsuit?

Suboxone lawsuits generally have a two- or three-year statute of limitations. Due to warning label changes in June 2022, the filing deadline for lawsuits with a two-year statute of limitations is June 2024. The filing deadline for lawsuits with a three-year statute of limitations is June 2025.

The statute of limitations can be extended under the Discovery Rule, which applies from when a plaintiff discovers their injury and its cause. Failing to file within the statute of limitations may bar you from recovering damages despite the merits of your claim. A lawyer, however, may help secure a tolling agreement to suspend the statute of limitations, allowing more time to gather necessary medical and dental records.

Contact a Suboxone Lawyer to Pursue Compensation

If you suffered dental problems such as tooth decay or tooth loss after taking Suboxone, you may be eligible to file a lawsuit. Affected individuals are encouraged to contact King Law to consult with an attorney. The attorneys at King Law can help determine the best course of action based on the circumstances of your case. Contact our office today to schedule a free consultation. 

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