Nexium Lawsuit

As of June 2023, the first bellwether test trial in the proton pump inhibitor MDL has yet to conclude. This test trial is for James Rieder, who took Nexium. It’s scheduled for June 5, 2023, but the judge has already rescheduled the trial date several times.

So far, there have been no global settlements or jury verdicts in the MDL. This MDL contains mostly Prilosec and Nexium lawsuits, along with a smaller number of claims about Prevacid.

• May 2023: There were about 12,949 Nexium, Prilosec and Prevacid lawsuits pending in the MDL out of 18,663 originally filed. Some cases for plaintiffs that died have been dismissed.
• May 2023: Judge Cecchi held a status conference, though the updates weren’t made public.
• April 2023: Judge Cecchi set a deadline for a Joint Pretrial Order to the Court of June 1, 2023.
• March 2023: The Nexium, Prilosec and Prevacid MDL case counts sits at 13,195.
• February 2023: Judge Claire C. Cecchi moved the Rieder bellwether test trial from March 2023 to June 5, 2023 “or 30 days after the Court decides summary judgment and Daubert motions, whichever is later.”
• January 2023: Lawyers speculate a global settlement could take place in 2023.
• June 2022: Cases in the Nexium, Prilosec and Prevacid MDL are up to 13,000. Lawyers expect the first PPI bellwether trial of James Rieder in September 2022.  Trial two and three will follow through March 2023.

Nexium lawyers speculate that the James Rieder trial has been delayed because of potential global settlement talks.

Nexium lawsuits claim the drug can cause chronic kidney disease and end-stage kidney failure. Plaintiffs allege drugmaker AstraZeneca knew since the early 2000s that its medication could harm people’s kidneys. Despite knowing the dangers, the company marketed Nexium as safe and effective.

“Defendants had received numerous case reports of kidney injuries in patients that had ingested Nexium by as early as 2004. These reports of numerous kidney injuries put Defendants on notice as to the excessive risks of kidney injuries related to the use of Nexium,” plaintiff Harry Mason alleged in one Nexium lawsuit.

AstraZeneca also faces similar allegations in Prilosec lawsuits. These proton pump inhibitor cases are consolidated in a New Jersey multidistrict litigation.

Injuries Named in Nexium Lawsuits

Injuries outlined in Nexium lawsuits center around kidney injury. Studies show long-term use of Nexium, Prilosec and other proton pump inhibitors can cause kidney problems.

PPI lawsuits allege studies of Nexium and other proton pump inhibitors show an association with a “20% to 50% higher risk of incident chronic kidney disease.” AstraZeneca continued to say Nexium posed no risks to kidneys.

Other proton pump inhibitor lawsuits are also pending against the makers of Prevacid in a multidistrict litigation in New Jersey.

Anyone who took brand name Nexium, either by prescription or over the counter, and later developed a kidney injury, may be eligible to file a Nexium lawsuit. Injuries include interstitial nephritis and chronic kidney disease. Your situation may be more likely to qualify you for a legal claim if you took Nexium for a year or longer before developing kidney problems.

Claimants must have proof of hospitalization and medical records that show a chronic kidney injury, plus documentation of Nexium use. If you can’t find documentation, a Nexium attorney may be able to help you get it.

Time is a factor for legal claims. Talk to a Nexium lawyer as soon as possible if you’re interested in pursuing a case. Once the statute of limitations passes, you may not be able to file a lawsuit.

No recalls exist related to Nexium and kidney injuries. But in 2020, Dr. Reddy’s Laboratories recalled 1,752 bottles of its generic, esomeprazole, because of discoloration.
In 2015, AstraZeneca recalled more than 34,000 bottles of Nexium after a retail pharmacist found another drug, Seroquel, in an unopened bottle.

No recalls came for Nexium and other PPIs for cancer risks from NDMA contamination. They’re not part of any Zantac recall. Zantac made with ranitidine was recalled in 2019 and pulled off the market in 2020 because of NDMA contamination. NDMA is classified as a probable carcinogen in humans.

What Health Risks Are Associated with Nexium?

In addition to potentially causing kidney injuries and chronic kidney failure, Nexium has common health risks and side effects such as abdominal pain, constipation and diarrhea. The U.S. Food and Drug Administration also released several safety communications about health risks associated with Nexium and other PPIs.

FDA warnings focus on increased risk of bone fractures, low magnesium levels, increased risk of diarrhea caused by Clostridium difficile and stomach polyps. Some studies also link the drug to an increased risk of cancer, particularly gastric cancer.

The first bellwether trial was scheduled for September-November 2022 but was moved to March 2023. Nexium lawyers speculated global settlement talks caused the delay.

Nexium lawsuits are consolidated in multidistrict litigation in New Jersey along with Prilosec lawsuits and Prevacid lawsuits. As of May 2023 there were nearly 13,000 in active litigation. So far, there have been no kidney injury settlements or jury verdicts.

In February 2023, Judge Claire C. Cecchi amended the PPI MDL bellwether trial schedule as follows:

• June 5, 2023: Rieder v. AstraZeneca Pharmaceuticals LP et al.
• July 17, 2023: Foster v. AstraZeneca Pharmaceuticals LP et al.
• Sept. 18, 2023: Bales v. AstraZeneca Pharmaceuticals LP et al.

In April 2023, Judge Cecchi gave the defendants and plaintiffs until June 1, 2023 to submit a proposed Joint Pretrial Order to the Court.

Prior to the recent kidney injury lawsuits, judges created an MDL for Nexium bone fracture lawsuits in 2012. However, a judge later granted a summary judgment in favor of AstraZeneca and dismissed all claims after he questioned the reliability of plaintiffs’ experts. That MDL closed in 2017.

What Is the Average Nexium Lawsuit Settlement Amount?

Depending on the severity of kidney injuries, lawyers estimate the average Nexium settlement could range from $20,000 for minor injuries to $150,000 for more serious injuries. Because there hasn’t been a bellwether trial or a settlement yet, there is no amount to use for an accurate settlement average.

AstraZeneca paid a $34 million Nexium settlement in 2015 to resolve kickback allegations brought against it by the U.S. Department of Justice. DOJ officials alleged AstraZeneca paid a pharmacy-benefits company to keep Nexium’s “sole and exclusive” status on medications to be prescribed.

Nexium Lawsuits Filed Over Bone Injuries

Prior to the current lawsuits alleging Nexium kidney injuries, consumers filed Nexium bone injury lawsuits against AstraZeneca. Plaintiffs claimed the drug caused loss of bone density, bone deterioration and bone fractures.

Timeline of Nexium Bone Fracture Lawsuits

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

In December 2012, the U.S. Judicial Panel on Multidistrict Litigation created a PPI litigation MDL in the Central District of California to merge Nexium bone injury lawsuits representing more than 1,000 plaintiffs.

But in October 2014, U.S. District Judge Dale S. Fischer entered judgment in favor of defendants AstraZeneca and McKesson Corporations and against all plaintiffs. In its order, the court said it questioned the reliability of the expert testimony and said without it, the plaintiffs could not establish their cases.

Plaintiffs appealed, but on Jan. 4, 2017, MDL-2404 IN RE: Nexium (Esomeprazole) Products Liability Litigation officially closed, according to the U.S. Judicial Panel on Multidistrict Litigation website.

Stricter Warnings & Undisclosed Settlement

Still, many plaintiffs found success in these cases, including a class-action suit from 2014 that forced the FDA to require stricter warnings on the labels of Nexium and other proton pump inhibitors. Because of this case, Nexium labels now clearly state reduced bone density and risk of bone fractures are a possible severe side effect.

Also in 2014, Takeda Pharmaceutical Company reached a settlement in Prevacid lawsuits that claimed a link between the drug and bone fractures. But the amount remains undisclosed.

One of the settled Prevacid lawsuits was filed by David S. Tatum of Philadelphia. He sued Takeda in 2012, claiming that the company failed to warn him about the drug’s ability to weaken his bone structure and cause fractures. As a result of taking Prevacid, Tatum’s bones weakened so much that he required a hip replacement, according to the complaint. A judge dismissed the case in March 2014, stating the issues between the parties had been settled.

How long have you been taking Nexium?

A Nexium lawyer may ask how long you’ve been taking Nexium because the duration of your Nexium use may affect whether your injuries are connected to Nexium. Kidney injuries may be more serious if you’ve been taking Nexium for a long time.

What side effects have you been experiencing since taking Nexium?

Make sure you tell the Nexium attorney about all side effects you’ve experienced since you began taking Nexium. Even if you don’t think a side effect is related, it’s important to mention it as it may be used as evidence in your Nexium lawsuit.

Do you have any medical records or documents to support your case?

A Nexium lawyer will need you to provide any receipts, medical records and other documents related to your Nexium use and any kidney problems you may be having. If you can’t find these records, a Nexium lawyer may be able to help you get them.

Have you suffered any financial losses because of your Nexium use?

It’s important to tell your Nexium lawyer about all the medical bills, expenses, costs of care or lost time from work you may have had because of kidney problems that could be related to Nexium use. These will all go toward damages claimed in your Nexium lawsuit. If you had to pay someone to care for you, or a loved one lost time from work related to your medical issues, make sure you mention this as well.