A recent ruling by a federal judge has allowed the case of a former Indivior pharmaceuticals employee to proceed as a whistleblower with government support. The whistleblower suit alleges that Indivior had engaged in a conspiracy to defraud the U.S. government to reap additional financial gain.
The case of Rebecca Miller began in 2015 when she alleged that Indivior had engaged in a conspiracy with the company Express Scripts to defraud the U.S. Medicare program. According to the lawsuit, Indivior offered a kickback program to Express Scripts in the form of rebates in exchange for increased recommendations of Indivior’s opioid management drug, Suboxone.
Because of these alleged rebates, Express Scripts did not spend as much as they reported they did, allowing Indivior to fraudulently inflate its price data to the Medicare program. This action led to an artificially-inflated amount that the government paid for Suboxone. Ividior denied Miller’s allegations and moved to have the case dismissed.
After a period of deliberation, U.S. District Judge for the Western District of Virginia James P. Jones issued an opinion on October 17 affirming Rebbeca Miller’s claims and allowing the case to proceed. While he ultimately allowed Miller to continue her case, Judge Jones trimmed some of Miller’s allegations before signing off on the continuation of the case. By 2023, Miller also had the support of the U.S. government in her case.
The whistleblower kickback case is not the only legal trouble that Indivior is facing. Suboxone has also been accused of harming patients, particularly in the form of tooth loss or decay. Initially approved in 2002, Suboxone (generic name buprenorphine and naloxone) was intended to help those suffering from opioid addiction by reducing withdrawal symptoms and allowing patients to undergo treatment. With the advent of the opioid epidemic, sales of Suboxone sharply increased, generating billions in profits according to About Lawsuits.
Despite its increased use, it was not until 2022 that the U.S. Food and Drug Administration (FDA) required Suboxone to feature new safety warnings regarding dental health. The FDA had received hundreds of reports alleging tooth loss and decay occurred while using Suboxone. According to the reports, using the dissolvable film version of Suboxone allegedly erodes the enamel of the teeth which then leads to tooth decay and requires tooth extraction.
These developments have led some patients to file a lawsuit against Indivior, claiming that if they had known that Suboxone was potentially damaging to their teeth, they would not have taken the drug. Many plaintiffs are suing for damages including the costs for the repair, removal, or replacement of their teeth. In the lawsuits, plaintiffs allege that Indivior placed profits ahead of patients’ dental health.
In time, both the whistleblower and product liability lawsuits will proceed and Indivior may or may not face harsh financial penalties for their alleged misdeeds.
If you or a loved one have been harmed by a defective drug, dangerous medical device, or harmful consumer product you may be entitled to financial compensation. Contact Medtruth today for a free, no-obligation case review and begin your journey to justice.