Nexium Lawsuit
People who filed Nexium lawsuits claim the drug caused them to develop kidney injuries and chronic kidney disease. As of January 2023, more than 13,500 Nexium and Prilosec lawsuits say AstraZeneca knew the drug could cause kidney problems but failed to warn the public.
See If You Qualify for a PPI Lawsuit
If you took Nexium, Prilosec or another PPI and suffered serious kidney injuries, you may be entitled to compensation. Get a free case review.
What Is the Nexium Lawsuit About?
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.
- Acute kidney injury
- Chronic kidney disease
- End-stage renal failure
- Interstitial nephritis
Other proton pump inhibitor lawsuits are also pending against the makers of Prevacid in a multidistrict litigation in New Jersey.
Who Is Eligible to File a Nexium Lawsuit?
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, an attorney may be able to help you get it.
Time is a factor for legal claims. Talk to a 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.
Has There Been a Recall on Nexium?
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.
Status of Nexium Lawsuits
Nexium lawsuits are consolidated in multidistrict litigation in New Jersey along with Prilosec lawsuits and Prevacid lawsuits. As of January 2023 there are more than 13,500 in active litigation. So far, there have been no kidney injury settlements or jury verdicts.
The first bellwether trial was scheduled for September-November 2022 but was moved to March 2023. Lawyers speculate global settlement talks caused the delay.
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.
Calling this number connects you with a Drugwatch representative. We will direct you to one of our trusted legal partners for a free case review.
Drugwatch's trusted legal partners support the organization's mission to keep people safe from dangerous drugs and medical devices. For more information, visit our partners page.