Buprenorphine/Naloxone, marketed as Suboxone®, is a pharmaceutical drug approved in Canada as a substitution treatment in adults with opioid drug dependence, prescribed as a tablet or film that dissolves in the mouth. Buprenorphine -- an active ingredient in Suboxone -- is reported to increase the risk of dental issues for users.
Siskinds LLP and Siskinds’ Québec-based affiliate, Siskinds Desmeules, are pursuing claims on behalf of Canadians who suffered oral health issues after using Suboxone products, alleging that Suboxone drugs are defective and that the manufacturers failed to adequately warn users and their health care providers of the increased risk of severe dental and oral health issue.
Oral health issues linked to Suboxone (Buprenorphine / Naloxone)
In 2022, the US Food and Drug Administration issued warnings about dental harm caused by oral buprenorphine drugs. In 2023, the manufacturers of Suboxone updated the Canadian product label to warn users and healthcare providers, for the first time, of the dental health side effects linked to Suboxone use.
Oral health issues reported include:
- cavities;
- tooth decay;
- dental abscesses/infection;
- rampant caries;
- tooth erosion;
- fillings falling out;
- periodontal disease; and
- total tooth loss.
If you or someone you know has used Suboxone and has suffered serious harm, we encourage you to talk to your doctor and investigate legal representation.
Canadian Suboxone Class Action Litigation
In April 2024, Siskinds and Siskinds Desmeules filed proposed class actions on behalf of Canadians who used Suboxone, alleging that Suboxone drugs expose patients to severe risks not sufficiently warned of.
If you or someone you know has used Suboxone and has suffered dental issues, Siskinds invites you to click "Join" to stay informed about the progress of this class action brought against the manufacturers. To consult with the Siskinds Suboxone litigation team, complete the form at the bottom of the page, email us at [email protected], or call 1.800.461.6166. Quebec residents should contact Siskinds Desmeules by phone at 418.694.2009 or by email at [email protected].
Developments
British Columbia
On April 5, 2024, Siskinds filed a class action in the Supreme Court of British Columbia, alleging that Suboxone® drugs are defective, and that the manufacturers failed to adequately warn users, and their health care providers, that Suboxone® drugs increase the risk of serious dental and oral health issues, including cavities, tooth decay, dental abscesses/infection, rampant caries, tooth erosion, fillings falling out, periodontal disease, and total tooth loss.
You can view a copy of the Notice of Civil Claim by clicking here.
The class action is in its early stage and has not yet been authorized by the court.
Quebec
On April 2, 2024, Siskinds Desmeules filed an application for authorization to institute a class action before the Superior Court of Quebec, alleging manufacturer liability of the defendants for safety defects with Suboxone® drugs on the basis that there was a lack of sufficient indications as to the risks and dangers they involve or as to the means to avoid them, and citing in particular the risks of severe dental and oral health issues, including cavities, tooth decay, dental abscesses/infection, rampant caries, tooth erosion, fillings falling out, periodontal disease, and total tooth loss.
You can consult the application for authorization by clicking here.
The class action is in its early stages and has not yet been authorized by the court.
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action.
The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by this class action?
You may be affected by the class action (a “class member”) if you are a Canadian who was prescribed and used Suboxone® and suffered serious dental and oral health issues, including cavities, tooth decay, dental abscesses/infection, rampant caries, tooth erosion, fillings falling out, periodontal disease, and total tooth loss.
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).
Can I opt-out of the class action?
Yes. Once the class action has been authorized, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.
Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people
What should I do to protect my rights?
- Keep a record of medical expenses incurred — appointments not covered by your provincial health care provider, prescriptions, medical devices, etc.;
- Keep a record of all medical treatments, including the names and contact information of the health care provider (doctor, surgeon, physiotherapist etc.);
- If possible, keep a journal of symptoms and note any times when you are unable to attend work or school as a result of your symptoms.
- Register to updates by clicking on the Join button and complete the form to subscribe to our database to receive all updates and notices regarding this class action.
If you have not already done so already, you can contact Siskinds, so that we can help you obtain your relevant medical and pharmaceutical records. The more time goes by, the more difficult it may be to collect this information.
All personal information provided to Siskinds will be kept private and confidential.
I still have a question. Who should I contact?
If you have any other questions, please complete the Get in Touch form below, call us toll free at 1.877.735.3842 or email us at [email protected].
For information in French or to contact our Quebec office Siskinds Desmeules, call us at 418.694.2009 or toll free at 1.877.735.3842 or email us at [email protected].