Over the last five years, a number of Nexium lawsuits have sprung up in courts across the country. Plaintiffs claim that manufacturer AstraZeneca failed to include adequate warnings on the Nexium product label regarding alleged increased risks of bone fractures and kidney injury. Had they known of these risks, they may have chosen a different class of medication, such as H2 Blockers.
Nexium is one of the top-selling over-the-counter medications used to treat the symptoms of gastroesophageal reflux disorder. Its perceived lack of side effects led to widespread recommendations from doctors and long-term use by patients who found some of the other treatments (like weight loss or smoking cessation) to be difficult.
Nexium kidney lawsuit
A study published in the Journal of the American Society of Nephrology concluded that patients taking Proton Pump Inhibitors (including Nexium) had a 28% increased risk of chronic kidney disease and a 96% increased risk of developing kidney failure compared to patients taking Histamine H2 Receptor Blockers.
Another study published in the Journal of the American Medical Association found a 20 to 50 percent increased risk of chronic kidney disease among proton pump inhibitor patients. The absolute risk of developing kidney disease over a 10-year period was 11.8% in the first group examined and 15.6% in the second group. The team found that twice-daily users had a 46% higher risk of chronic kidney disease compared to the 15% higher risk of once-daily users.
While researchers say their findings were not necessarily causative, many patients and their attorneys still feel there is sufficient evidence to sue for damages. Personal injury lawsuits are complex in nature and depend upon many different factors, but generally speaking, an individual may have legal grounds to file a Nexium lawsuit against manufacturer AstraZeneca for:
- Wrongful death
- Defective drug design
- Improper marketing and labeling
In rare instances, it may make more sense to list a treating physician, hospital, or healthcare provider as the defendant if the plaintiff believes the drug was recommended at an improper dosage, for off-label use, or to a patient that would undoubtedly suffer harm as a result.
Nexium lawsuit allegations
- Negligence: The most common legal ground for personal injury lawsuits involving drugs like Nexium is based on the manufacturer’s perceived failure to prevent injury. Drug manufacturers owe a “duty of care” to consumers to design, research and test products for safety before putting them to market. If risk factors or side effects arise in manufacturer trials, they may still be able to obtain FDA approval, but they must include all known information on the product labeling so patients and their doctors can make informed decisions regarding treatment. Failing to take appropriate measures to ensure the patient’s safety can be all the grounds a plaintiff needs to sue for injuries.
- Intentional Wrongdoing: Attorneys may be able to dig up evidence that drug manufacturer representatives knew about the safety hazards associated with their products and intentionally took steps to conceal that information from the public. Despite results from internal studies and warnings from doctors, company officials sometimes put profit over people and market their products in deceptive ways that lead to harm.
- Strict liability: Even if it’s determined AstraZeneca was careful to research and test Nexium prior to release on the market, they can still be held liable for plaintiff injuries if the product proves to be defective in some way after all. Instead of proving that the manufacturer was at fault, attorneys need only prove that the product was unfit for market.
Statute of limitations is another factor to keep in mind. Each state has its own limitations for when a person can file a personal injury claim. For instance, in some states a person has three years from the date of kidney failure or injury to sue the drug manufacturer. Family members can sue for wrongful death up to two years after the date of death. There are some exceptions to the rule, so it is important for individuals to contact a qualified attorney even if they fear their deadline to file may have passed.
Nexium class action lawsuit
Nexium litigation is in the early stages of development, so the best way to proceed is for injured parties to contact a law firm that specializes in personal injury lawsuits. If there turns out to be a significant number of similar claims, they will likely be consolidated into a class action lawsuit or multi-district litigation.
The purpose of lumping similar claims together is to eliminate duplicate discovery and streamline proceedings for quicker results. A class action lawsuit often results in a settlement offer, which plaintiffs can take or leave. Multi-district litigation may result in a settlement offer, which individuals can accept or choose to have their cases heard individually in court in hopes of winning a larger jury award.
To date, there have been no verdicts in court or Nexium settlement offers out-of-court. Chronic kidney disease causes symptoms like fatigue, high blood pressure, fluid collection in the longs, abnormal heart rhythms, nausea and vomiting, and loss of appetite. This medical condition is not reversible and may warrant long-term treatment like dialysis. Future compensation in a Nexium lawsuit settlement or jury award may include coverage for:
- Economic losses like medical expenses, past and future loss of income, and diminished earning capacity.
- Emotional losses like pain and suffering, disability, loss of companionship, and lost quality of life.
Nexium kidney failure lawsuit resources
- Tech Times – Popular Acid Reflux Drugs Linked To Increased Risk For Kidney Disease http://www.techtimes.com/articles/123627/20160112/popular-acid-reflux-drugs-linked-to-increased-risk-for-kidney-disease.htm
- CNN – Popular medications linked to higher risk of kidney failure http://www.cnn.com/2016/04/14/health/proton-pump-inhibitors-kidney-failure/
- Post-Gazette – Studies warn of side effects from long-term use of heartburn medications http://www.post-gazette.com/news/health/2016/03/22/Studies-are-documenting-various-side-effects-from-proton-pump-inhiboris-used-to-prevent-GERD/stories/201603010157