Nexium Lawsuit – How to Bring a Claim

The heartburn medication Nexium (esomeprazole magnesium) has recently been linked to an increased risk for the development of kidney failure, nephritis, bone fractures, stomach cancer, and other serious side effects.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Nexium, made by AstraZeneca, was the subject of product liability lawsuits in the United States over alleged kidney damage. Some users said Nexium and Prilosec, two acid reflux drugs known as proton pump inhibitors, caused the injury.

AstraZeneca announced settlements in October 2023 that resolved the claims then pending in the federal MDL in New Jersey and in two state courts. The terms are confidential.

Earlier bone injury claims over Nexium were centralized in a separate MDL in 2012. In 2015, AstraZeneca recalled one Nexium lot after a pharmacist found foreign tablets in a bottle. That had nothing to do with kidney injury.

Lawsuit at a glance
  • Case or litigation name: In re Proton-Pump Inhibitor Products Liability Litigation (No. II)
  • Defendants: AstraZeneca (Nexium and Prilosec claims)
  • Court and docket number, when available: U.S. District Court, District of New Jersey, MDL No. 2789
  • MDL number, judge, and case count, when an MDL exists: MDL No. 2789, District of New Jersey, Judge Claire C. Cecchi
  • Filing date: Not stated
  • Main allegations: Allegations that Nexium and Prilosec caused kidney damage; AstraZeneca denies the claims
  • Products or people involved: Nexium and Prilosec (prescription and over-the-counter proton pump inhibitors); users who allege kidney damage

Latest Nexium Lawsuit Updates

October 3, 2023: AstraZeneca Announces Confidential Settlements

On October 3, 2023, AstraZeneca announced settlement agreements. They effectively resolve the Nexium and Prilosec product liability claims in the multidistrict litigation in the District of New Jersey [1].

Claims in the Delaware and New Jersey Superior Courts were also resolved. The company said the terms of the agreements are confidential.

June 10, 2015: AstraZeneca Starts Class II Recall of One Nexium Lot

AstraZeneca started a voluntary Class II recall of one lot of Nexium 20 mg delayed-release capsules, 30-count. The lot held 34,524 bottles. A pharmacist reported an unopened bottle holding 60 Seroquel XR tablets [2].

The FDA reported the recall in its Weekly Enforcement Report of June 24, 2015. The recall applied nationwide to wholesalers.

December 6, 2012: Panel Centralizes Nexium Bone Injury Cases

The Judicial Panel on Multidistrict Litigation centralized thirty-nine Nexium bone-injury actions as MDL No. 2404 in the Central District of California [3].

Plaintiffs alleged Nexium may cause osteoporosis, loss of bone density and fractures. They said AstraZeneca failed to warn. This was separate from the later kidney litigation.

What Is Nexium?

MedlinePlus is a National Library of Medicine service. It says the prescription drug in Nexium treats gastroesophageal reflux disease (GERD) symptoms [4]. GERD is “a condition in which backward flow of acid from the stomach causes heartburn.”

AstraZeneca describes Nexium as a prescription drug that works by “binding to and inhibiting the acid pumps” of cells in the stomach lining.

Who May Be Affected?

The claims involved people who took Nexium or Prilosec. AstraZeneca says both drugs are used for acid-related symptoms and diseases. Bloomberg News reported that some users said the drugs caused kidney damage [5].

The settlements resolved the claims pending in October 2023. Both drugs are sold by prescription and, in lower doses, over the counter. Eligibility for any claim needs an individual legal review.

Think you may qualify?
Schmidt & Clark offers a free case review for people who believe a Nexium or Prilosec injury affected them. The review is free to request, and it does not promise eligibility, a claim or any result.

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Reported Injuries or Damages

The injury alleged in the Nexium and Prilosec lawsuits was kidney damage. Some users made this allegation, and AstraZeneca denies it. The earlier bone claims in MDL No. 2404 are a separate matter.

Published studies of proton pump inhibitors look at other outcomes. Shah and colleagues reported in PLOS ONE in 2015 that exposure to these drugs was associated with heart attack risk in GERD patients [6].

Pello Lazaro and colleagues reported in 2017 that these drugs were linked to heart failure and death in 706 patients with coronary artery disease. They said further studies are needed [7].

If you took a different acid reducer, such as Prevacid, you can read about that drug’s separate litigation in our Prevacid lawsuit information.

Recall and Regulatory Background

No current recall of Nexium for kidney injury exists. The 2015 recall involved foreign tablets in one prescription lot, not kidney injury.

DCAT, reporting the FDA classification, says a Class II recall means exposure “may cause temporary or medically reversible adverse health consequences.” It adds that the chance of serious harm is remote. A recall does not prove liability.

Evidence to Preserve

Keep records that show which drug you took, when you took it and what harm followed. Useful items include:

  • Pharmacy and prescription records showing whether you took Nexium or Prilosec, the dose and the dates of use.
  • The pill bottles or packaging, if you still have them.
  • Medical records and test results about your kidney function and any diagnosis.
  • Hospital and physician bills.
  • Records of missed work.
  • Letters, emails or notes exchanged with the maker, your pharmacy or your doctors.

Filing Deadlines

Deadlines to file a claim exist and are set by state law. They depend on where you live and on when the injury and the diagnosis happened.

In some states the clock starts at diagnosis. Missing a deadline can end a claim even when the facts are strong, so ask a lawyer about yours promptly.

Potential Compensation

AstraZeneca announced in October 2023 that it would pay $425 million to settle the Nexium and Prilosec claims. The terms are confidential, and no per-claimant amount has been disclosed.

If a claim succeeds, damages can include medical expenses, lost income, pain and suffering and loss of quality of life.

Compensation amounts vary by case. Past results do not guarantee future outcomes. The facts and records of each claim shape potential compensation.

Frequently Asked Questions

Did Other Drug Makers Settle Nexium Lawsuit Claims?

Other drug makers did settle Nexium lawsuit claims before AstraZeneca. Bloomberg Law reported settlements by GSK, Procter & Gamble and Pfizer that totaled more than $100 million, according to attorneys for the plaintiffs.

What Does the Research Say About Nexium and Kidney Problems?

Studies of Nexium and other proton pump inhibitors have looked at heart outcomes, not kidney problems. The Shah team’s 95% confidence interval for the heart attack association was 1.09 to 1.24.

What Happened to the Remaining Nexium Case in Louisiana?

AstraZeneca’s October 2023 announcement said a single case remained pending in the Middle District of Louisiana, with trial set for April 15, 2024. The announcement gave no other details about that case.

Did AstraZeneca Admit Wrongdoing in the Nexium Lawsuit Settlement?

AstraZeneca did not admit wrongdoing in the Nexium lawsuit settlement. The announcement says the company admits no wrongdoing in the settlement agreement and that the terms of the agreements are confidential.

References

  1. https://investegate.co.uk/announcement/rns/astrazeneca–azn/astrazeneca-settles-nexium-liability-litigations/7792343
  2. https://www.dcatvci.org/top-industry-news/astrazeneca-voluntarily-recalls-one-lot-of-nexium/
  3. https://www.govinfo.gov/content/pkg/USCOURTS-jpml-1_12-F-02404/pdf/USCOURTS-jpml-1_12-F-02404-0.pdf
  4. https://medlineplus.gov/druginfo/meds/a699054.html
  5. https://news.bloomberglaw.com/litigation/astrazeneca-pays-425-million-in-nexium-prilosec-settlement-1
  6. https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0124653
  7. https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0169826

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