Nexium, Prilosec Lawsuits Getting Prepped for Trial

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The first of more than 4,500 proton pump inhibitor lawsuits will go to trial on September 21, 2020. The lawsuits are against the makers of popular heartburn medicines, such as Prilosec, Nexium, Prevacid and Protonix.

Lawyers for the consumers had been trying to negotiate a trial date since September 2017. But, they said, the lawyers for the drug companies had not been cooperative.

Judge Claire C. Cecchi is overseeing the lawsuits. She had urged the lawyers for both sides to pick a trial date.

The parties initially reached an agreement for a May 2020 trial. But the date was pushed back four months after the court reviewed the logistics of the case, according to a case management order issued on June 20, 2018.

The outcomes of the early trials (known as bellwether trials) can influence settlement negotiations. They can also lead to cases being dismissed.

A total of 4,517 PPI lawsuits were pending in the New Jersey federal court as of June 15, 2018. A judicial panel had grouped these cases into multidistrict litigation (MDL) in August 2017. The number of lawsuits continues to grow.

People take PPIs to reduce stomach acid. Studies have linked the powerful medicines to kidney injury.

PPI side effects include acute interstitial nephritis and kidney failure. These injuries can be permanent, leading to long-term complications and death.

PPI lawsuits say the drugmakers knew about these kidney risks. But they failed to warn consumers.

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8 Cited Research Articles

  1. Klepser, D.G. et al. (2013, July 16). Proton pump inhibitors and acute kidney injury: a nested case-control study. U.S. National Library of Medicine. NIH. Retrieved from https://www.ncbi.nlm.nih.gov/pubmed/23865955
  2. Medline Plus. (2017, August 1). Interstitial nephritis. U.S. National Library of Medicine. NIH. Retrieved from https://medlineplus.gov/ency/article/000464.htm
  3. U.S. Judicial Panel on Multidistrict Litigation. (2017, August 2). Transfer Order. In Re: Proton-Pump Inhibitor Products Liability Litigation (No. II). MDL No. 2789. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2789-Initial_Transfer-07-17.pdf
  4. U.S. Judicial Panel on Multidistrict Litigation. (2018, May 15). MDL Statistics Report – Distribution of Pending MDL Dockets by District. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/Pending_MDL_Dockets_By_District-May-15-2018.pdf
  5. U.S. District Court District of New Jersey. (2018, May 18). Case Management Order No. 15 on May 1, 2018 Status Conference. In Re: Proton-Pump Inhibitor Products Liability Litigation (No. II). MDL No. 2789. Retrieved from https://jc6kx1c9izw3wansr3nmip8k-wpengine.netdna-ssl.com/wp-content/uploads/2018-05-18-Order.pdf
  6. DLA Piper. (2018, April 27). Defendants’ Letter Brief in Support of Proposed Scheduling Order. In Re: Proton-Pump Inhibitor Products Liability Litigation (No. II). MDL No. 2789. Retrieved from https://jc6kx1c9izw3wansr3nmip8k-wpengine.netdna-ssl.com/wp-content/uploads/2018-04-27-Defendant-Letter.pdf
  7. Seeger Weiss LLP. (2018, April 27). Proposed Scheduling Order. In Re: Proton-Pump Inhibitor Products Liability Litigation (No. II). MDL No. 2789. Retrieved from https://jc6kx1c9izw3wansr3nmip8k-wpengine.netdna-ssl.com/wp-content/uploads/2018-04-27-Plaintiff-Letter.pdf
  8. U.S. District Court District of New Jersey. (2018, June 20). Case Management Order No. 16 on June 12, 2018 Status Conference. In Re: Proton-Pump Inhibitor Products Liability Litigation. Retrieved from http://www.njd.uscourts.gov/sites/njd/files/MDL16.pdf
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