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Nexium, Prilosec & Other PPI Lawsuits

Nexium lawsuits and Prilosec lawsuits account for most of the 4,200 proton pump inhibitor lawsuits filed in federal court. Recent studies show proton pump inhibitors like Prilosec, Nexium, Prevacid and Protonix increase patients’ risk of serious kidney injuries. Prilosec and Nexium lawsuits blame PPI manufacturers for failure to warn about the risk of acute interstitial nephritis, chronic kidney disease, renal/kidney failure or acute kidney injury.

Suffering from serious side effects after taking a PPI?

If you took a Proton Pump Inhibitor (PPI) like Nexium or Prilosec and suffered kidney damage or injuries, you may be entitled to compensation.

Nexium, Prevacid & Prilosec
PPI Lawsuit Facts
  1. Injuries Kidney disease, kidney injury, kidney failure, acute interstitial nephritis
  2. Manufacturers/Defendants AstraZeneca; Pfizer; Proctor & Gamble; Takeda Pharmaceuticals
  3. Top Settlement $55 million settlement
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Drugwatch content is legally reviewed for accuracy and quality.

Examples of trusted legal reviewers include qualified mass torts lawyers and certified paralegals.

Drugwatch writers gather lawsuit information by studying court records, watching lawsuit proceedings and speaking with experienced attorneys.

*UPDATE: The number of proton pump inhibitor lawsuits grew by 800 percent in the first four months of 2018. Drugwatch’s legal partners are currently taking Nexium, Prilosec and other PPI lawsuit cases.

As of August 2018, there were 4,725 proton pump inhibitor lawsuits in federal court. A federal panel combined PPI lawsuits into a multidistrict litigation (MDL) in August 2017. MDLs allow similar cases to move more efficiently through the legal process.

The MDL judge has scheduled the first bellwether trial for Sept. 21, 2020. Bellwether trials are “test cases” for MDLs. They can measure jury responses to arguments from both sides. Sometimes they can shape settlements.

Nexium and Prilosec lawsuits account for most of the cases. The MDL also includes Prevacid lawsuits and Protonix lawsuits. PPI lawsuits claim the drugs used to control stomach acid caused serious kidney problems.

Proton pump inhibitor lawsuits are in the very early stages. There have been no major verdicts or settlements in PPI kidney lawsuits.

Timeline of PPI Lawsuits
  • MAY 2016
    People filed the first Nexium kidney damage lawsuits against AstraZeneca.
  • FEBRUARY 2017
    The federal MDL panel denied a motion to combine 39 PPI lawsuits into an MDL. The lawsuits were against several different PPI manufacturers and named different drugs.
  • JULY 2017
    The federal panel reconsidered requests to create an MDL.
  • AUGUST 2017
    The MDL panel centralized 161 PPI cases into one action in a New Jersey federal court. It included lawsuits against five PPI manufacturers.
  • August 2018
    The total number of PPI lawsuits in the MDL grew to 4,725.
  • SEPTEMBER 2020
    The first bellwether trial is scheduled to start.

Attorneys expect the MDL could include thousands more lawsuits. PPI lawyers are taking new cases.

Why People File PPI Lawsuits

Lawsuits claim Prilosec, Nexium and other PPIs caused kidney-related complications. Lawsuits claim people “suffered and continue to suffer” from PPI side effects.

People who developed kidney complications filed many of the lawsuits. But people who lost a loved one to fatal kidney complications also filed PPI lawsuits.

People claim in lawsuits that PPIs caused:
  • Kidney disease
  • Kidney injury
  • Kidney failure
  • Acute interstitial nephritis (AIN)

PPI lawyers argue many people may have been able to avoid these injuries by using alternatives to PPIs.

 
Are you suffering kidney complications from a Proton Pump Inhibitor? Get a Free Case Review
Replay Video
Rebecca Montrone discusses the problems associated with proton pump inhibitors, many of which have led to legal action.

Accusations Against Makers of Nexium, Prilosec and Other PPIs

Proton pump inhibitor lawsuits claim manufacturers knew of kidney risks for years. But they never warned people of the dangers.

Accusations in PPI Lawsuits
  • Negligence
  • Misbranding
  • Deceptive advertising
  • Negligent misrepresentation
  • Fraud
  • Failure to warn of PPI side effects
  • Accepting kickbacks
  • Designing, manufacturing and selling defective products

PPI lawsuits allege that because manufacturers didn’t warn of the risks, doctors did not know to inform their patients. And patients did not know what questions to ask about PPIs.

PPI Brands and Manufacturers Facing Lawsuits

The proton pump inhibitor MDL involves four manufacturers. It includes five specific brands of heartburn medicines.

Drug Name (Generic Name) Manufacturer
Nexium (esomeprazole) AstraZeneca
Prilosec (omeprazole) AstraZeneca
Prilosec OTC (omeprazole) Proctor & Gamble
Prevacid (lansoprazole) Takeda Pharmaceuticals
Protonix (pantoprazole) Pfizer

How to File a Prilosec, Nexium or Other PPI Lawsuit

Are you suffering from kidney problems after taking a PPI? Get a Free Case Review

People who took PPIs and suffered kidney damage may be able to sue the manufacturers. Patients can enlist the help of products liability lawyers who specialize in medical cases.

Prilosec or Nexium cases can involve complex legal and medical issues. A PPI lawyer has experience in these kinds of cases.

Most PPI attorneys offer free consultations. They also do not charge fees unless they win the case. People should ask lawyers about all fees before talking with them.

Verdicts and Settlements Against PPI Manufacturers

The current proton pump inhibitor MDL is still in the very early stages. There have been no major verdicts or settlements yet.

But past PPI lawsuits for other causes included a $784 million settlement. Most settlements so far have resulted from lawsuits the government filed. These targeted PPI manufacturers’ business practices.

Prilosec and Prilosec OTC Lawsuits

kidney damage illustration
Prilosec lawsuits claim the medicine caused kidney damage

Most of the drugs named in the PPI multidistrict litigation are prescription versions. But lawsuits name both prescription and over-the counter versions of Prilosec in lawsuits.

Both are forms of omeprazole. Prilosec OTC is one of the more popular over-the-counter PPIs available.

Prilosec lawsuits claim the medicine caused kidney damage or injury. They allege manufacturer AstraZeneca knew of kidney risks as early as 2004. But the company never warned patients about it for 10 years.

There have been no trials or settlements in current Prilosec lawsuits.

“Ruffenach et al., published the first case report of AIN due to omeprazole (Prilosec) in 1992. Since, then reports have emanated from many national adverse drug registries.”

Source: Indian Journal of Nephrology

Nexium Lawsuits and $7.9 Million Settlement

Current Nexium lawsuits claim the medicine caused serious kidney problems. None of those cases have gone to trial yet. There have been no verdicts or large Nexium settlements to date.

Previous Nexium lawsuits claimed the medicine contributed to bone fractures. The federal MDL panel combined dozens of Nexium bone fracture lawsuits in 2012. But a federal judge threw out the MDL two years later.

Timeline of Nexium Bone Fracture Lawsuits
  • 2011
    First Nexium lawsuit filed against AstraZeneca. It claimed Nexium led to a woman’s bone fractures.
  • 2012
    A federal court panel combined 47 Nexium lawsuits. It centralized the multidistrict litigation in a California federal court.
  • 2012
    The MDL panel identified more than 1,000 Nexium lawsuits against AstraZeneca.
  • 2014
    The MDL judge closed the MDL in favor of AstraZeneca.

In 2015, AstraZeneca agreed to a $7.9 million Nexium settlement with the U.S. government. The Justice Department accused the company of a kickback scheme. The government claimed AstraZeneca worked with another company to boost Nexium sales.

Nexium Sales
Nexium is the all-time third best-selling medicine in the U.S. It had $72.5 billion in sales between 1992 and 2017.

Prevacid Lawsuits and Settlements

Fact
The FDA approved Prevacid in May 1995.

Active Prevacid lawsuits blame the heartburn medicine for serious kidney issues.

Those lawsuits are part of the PPI multidistrict litigation. There are no Prevacid settlements or verdicts for kidney problems yet.

Previous Prevacid lawsuits claimed it caused bone fractures. In 2014, Takeda Pharmaceuticals reached a Prevacid settlement in a bone fracture lawsuit.

The amount of the settlement remains undisclosed.

Protonix Lawsuits and $784 Million Settlement

Current Protonix lawsuits are part of the PPI kidney damage MDL. There have been no large verdicts or settlements in any of those cases yet.

But Pfizer has agreed to two large Protonix settlements with the U.S. government. In 2016, Pfizer agreed to a $784 million Protonix settlement. The government had accused Pfizer’s Wyeth unit of overcharging Medicaid for Protonix.

In 2012, Pfizer agreed to a $55 million Protonix settlement. The government claimed the company marketed Protonix for unapproved uses.

Nexium and Prilosec Class Action Lawsuit

In 2015, AstraZeneca agreed to settle a Nexium and Prilosec class action lawsuit. The company paid $20 million to consumers.

The Prilosec and Nexium class action targeted marketing practices. It claimed AstraZeneca spent $260 million on a misleading advertising campaign. The goal was to mislead consumers into buying more expensive medicine.

The class action accused AstraZeneca of attempting to “evergreen” the medicines. That is, the company tried to keep market share as a patent expired.

AstraZeneca’s patent on Prilosec was about to expire. The lawsuit claimed the company pushed Nexium to replace it. The two drugs were almost chemically identical. But Nexium was far more expensive than Prilosec.

Please seek the advice of a medical professional before making health care decisions.

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35 Cited Research Articles

  1. Sampathkumar, K. et al. (2013, July – August). Acute Interstitial Nephritis Due to Proton Pump Inhibitors. Indian Journal of Nephrology. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3741979/
  2. U.S. Department of Justice. (2015, February 11). AstraZeneca to Pay $7.9 Million to Resolve Kickback Allegations. Retrieved from https://www.justice.gov/opa/pr/astrazeneca-pay-79-million-resolve-kickback-allegations
  3. Bultman, M. 2015, June 12). Teva Gets Nod for $24M Nexium Pay-For-Delay Settlement. Law 360. Retrieved from https://www.law360.com/articles/667194/teva-gets-nod-for-24m-nexium-pay-for-delay-settlement
  4. Pittman, D. (2012, December 15). Pfizer Will Pay $55 Million in Off-Label Case. Medpage Today. Retrieved from https://www.medpagetoday.com/washington-watch/washington-watch/36469
  5. U.S. Department of Justice. (2012, December 12). Pfizer Agrees to Pay $55 Million for Illegally Promoting Protonix for Off-Label Use. Retrieved from https://www.justice.gov/opa/pr/pfizer-agrees-pay-55-million-illegally-promoting-protonix-label-use
  6. Wasserman, E. (2016, February 17). Pfizer Whistleblowers Set to Collect $59M in Medicaid Fraud Suit. FiercePharma. Retrieved from https://www.fiercepharma.com/regulatory/pfizer-whistleblowers-set-to-collect-59m-medicaid-fraud-suit
  7. Overley, J. (2016, February 16). Pfizer to Pay $785M to Settle FCA Claims Over Protonix. Law360. Retrieved from https://www.law360.com/articles/759266/pfizer-to-pay-785m-to-settle-fca-claims-over-protonix
  8. Kuiper, J.J. MD FACP. (1993, August) Omeprazole-Induced Acute Interstitial Nephritis. The American Journal of Medicine. Retrieved from http://www.amjmed.com/article/0002-9343%2893%2990273-R/pdf
  9. Shah, N. H. et al. (2015, June 10). Proton Pump Inhibitor Usage and the Risk of Myocardial Infarction in the General Population. Retrieved from http://journals.plos.org/plosone/article?id=10.1371/journal.pone.0124653
  10. American Heart Association. (2016, November 15). Popular heartburn medication may increase ischemic stroke risk. Retrieved from https://www.eurekalert.org/pub_releases/2016-11/aha-phm110316.php
  11. Cheung, K.S. et al. (2017, September 18). Long-term proton pump inhibitors and risk of gastric cancer development after treatment for helicobacter pylori: a population-based study. Retrieved from http://gut.bmj.com/content/early/2017/09/18/gutjnl-2017-314605
  12. U.S. Judicial Panel on Multidistrict Litigation. (2017, August 2). Transfer Order. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2789-Initial_Transfer-07-17.pdf
  13. U.S. District Court, District of New Jersey. Proton-Pump MDL 2789. Retrieved from http://www.njd.uscourts.gov/proton-pump-mdl-2789
  14. HarrisMartin Publishing. (2017, August 2). Nationwide Docket for Heartburn Drug Injury Claims Established in New Jersey. Retrieved from https://harrismartin.com/article/22567/nationwide-docket-for-heartburn-drug-injury-claims-established-in-new-jersey/
  15. Bodine, L. (2017, June 21). JPMDL to Reconsider Proton Pump Inhibitor MDL at July 27 Hearing. Retrieved from: https://www.masstortnexus.com/mass-torts-news/jpmdl-to-reconsider-proton-pump-inhibitor-mdl-at-july-27-hearing/
  16. Bellon, T. (2017, August 3). Proton-pump inhibitor mdl repeats on jpml, second request is granted. Retrieved from https://www.reuters.com/article/products-protonpump-idUSL1N1KP27S
  17. Goldman, B. (2015, June 10). Some heartburn drugs may boost risk of heart attack, study finds. Retrieved from https://med.stanford.edu/news/all-news/2015/06/some-heartburn-drugs-may-boost-risk-of-heart-attack-study-finds.html
  18. Williams, S. (2017, March 13). The 19 Best-Selling Prescription Drugs of All Time. Retrieved from https://www.fool.com/investing/2017/03/13/the-19-best-selling-prescription-drugs-of-all-time.aspx
  19. U.S. Judicial Panel on Multidistrict Litigation. (2017, February 2). Order Denying Transfer. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2757-Denied-Transfer-1-17.pdf
  20. FDA.gov. (2012, February 8). FDA Drug Safety Communication: Clostridium difficile-associated diarrhea can be associated with stomach acid drugs known as proton pump inhibitors (PPIs). Retrieved from http://www.fda.gov/Drugs/DrugSafety/ucm290510.htm
  21. FDA.gov. (2014, March). Medication Guide. Retrieved from http://www.fda.gov/downloads/drugs/drugsafety/ucm322355.pdf
  22. FDA.gov. (2016). Medication Guide. Retrieved from http://www.fda.gov/downloads/drugs/drugsafety/ucm322359.pdf
  23. U.S. Judicial Panel on Multidistrict Litigation. (n.d.). Overview of Panel. Retrieved from http://www.jpml.uscourts.gov/overview-panel-0
  24. U.S. Judicial Panel on Multidistrict Litigation. (2017, August 2). In re: Proton-Pump Inhibitor Products Liability Litigation (No. II); Transfer Order. Retrieved from http://www.jpml.uscourts.gov/sites/jpml/files/MDL-2789-Initial_Transfer-07-17.pdf
  25. Moylan, T. (2014, October 10). Entire Nexium MDL Closed After Expert Excluded; Defense Awarded Costs. Retrieved from https://www.lexisnexis.com/legalnewsroom/litigation/b/litigation-blog/archive/2014/10/10/entire-nexium-mdl-closed-after-expert-excluded-defense-awarded-costs.aspx?
  26. Elliott, S. (2004, October 19). AstraZeneca Sued Over Advertising. Retrieved from http://www.nytimes.com/2004/10/19/business/media/astrazeneca-sued-over-advertising.html
  27. U.S. Department of Justice. (2015, February 11). Astrazeneca to Pay $7.9 Million to Resolve Kickback Allegations. Retrieved from https://www.fbi.gov/contact-us/field-offices/baltimore/news/press-releases/astrazeneca-to-pay-7.9-million-to-resolve-kickback-allegations
  28. Armental, M. (2015, January 26). Teva: FDA Approves Generic Version of AstraZeneca Heartburn Drug. The Wall Street Journal Retrieved from http://www.wsj.com/articles/teva-fda-approves-generic-version-of-astrazeneca-heartburn-drug-1422307907
  29. Lipkin, M. (2015, April 2). Teva Strikes $24M Deal To Exit Nexium Pay-For-Delay Suit. Law 360. Retrieved from http://www.law360.com/articles/639140/teva-strikes-24m-deal-to-exit-nexium-pay-for-delay-suit
  30. U.S. Department of Justice. (2015, July 6). AstraZeneca and Cephalon to Pay $46.5 Million and $7.5 Million, Respectively, for Allegedly Underpaying Rebates Owed Under Medicaid Drug Rebate Program. Retrieved from https://www.justice.gov/opa/pr/astrazeneca-and-cephalon-pay-465-million-and-75-million-respectively-allegedly-underpaying
  31. By AgnosticPreachersKid [Public domain], via Wikimedia Commons Retrieved from https://upload.wikimedia.org/wikipedia/commons/thumb/4/49/E._Barrett_Prettyman_Federal_Courthouse%2C_DC.jpg/800px-E._Barrett_Prettyman_Federal_Courthouse%2C_DC.jpg
  32. Liu, A. (2018, May 14). From old behemoth lipitor to new king Humira: Best-Selling U.S. drugs over 25 years. FiercePharma. Retrieved from https://www.fiercepharma.com/pharma/from-old-behemoth-lipitor-to-new-king-humira-u-s-best-selling-drugs-over-25-years?mkt_tok=eyJpIjoiTURRNFl6bGhNelV5WVRWaCIsInQiOiJUNTczd3ZYMTdBWmY4THNMY09cLzBJajREQWtHb2tPbHlWUjl1bzJsYVJiZHBRQmFrRXU4V3BIaTRrVlZsUjBMNDNUV05valhDTWxRbFEyMU14Z1wvcUJwVlZqRXZqSWxkaGdBNEt1c1htYkNTUXVYTDFTMkh4Qk1pTzcwNXI4WUx4In0%3D&mrkid=66602117
  33. Strand, D.S., Kim, D. and Peura, D.A. (2017, January). 25 Years of Proton Pump Inhibitors: A Comprehensive Review. Gut and Liver. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5221858/
  34. U.S. Dist. Court, District of New Jersey. (2018, June 20). In re: Proton-Pump Inhibitor Products Liability Litigation; Case Management Order No. 16. Retrieved from http://www.njd.uscourts.gov/sites/njd/files/MDL16.pdf
  35. U.S. Judicial Panel on Multidistrict Litigation. (2018, August 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-August-15-2018.pdf
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