Proton Pump Inhibitor Lawsuit to Proceed, After Missouri Federal Court Rejects Dismissal Bid

Published on March 29, 2017 by Laurie Villanueva

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A proton pump inhibitor lawsuit will go forward in Missouri, after the federal judge overseeing the case rejected a defense bid to dismiss the plaintiff’s failure to warn claims. In an Order issued on March 22nd, U.S. District Court Judge Ortrie D. Smith of the Western District of Missouri found that the plaintiff’s claims were adequately pled.

According to HarrisMartin.com, the lawsuit was filed on behalf of a plaintiff who asserts that his use of various proton pump inhibitors from January 2011 to 2015 caused him to develop chronic kidney disease. He claims that the manufacturers of Nexium, Nexium 24hr, Prilosec, Prilosec OTC, and Protonix misrepresented their safety to the public and medical community, including his doctor.

In his March 22nd decision, Judge Ortrie found that the complaint adequately sets forth factual information regarding the plaintiff’s proton pump inhibitor use, and plausibly suggests that his injuries were caused by one or more defendants.

“At this stage, Plaintiff need not identify the specific instances in which he consumed a medication manufactured and sold by a Defendant. Nor is Plaintiff required to differentiate between the cause and effect of one medication manufactured by AstraZeneca as compared to another medication manufactured by a different Defendant,” Judge Ortrie wrote. “Furthermore, Plaintiff need not prove causation.” (Case No. No. 16-03417)

Proton Pump Inhibitor Lawsuits Pending Nationwide

The Missouri lawsuit is just one of numerous kidney damage claims recently filed in U.S. courts against proton pump inhibitor manufacturers. According to RXInjuryHelp.com, several studies published in the past few years have suggested that long-term use of Nexium and similar drugs may increase a patient’s risk for serious kidney complications, including acute interstitial nephritis, chronic kidney disease, acute kidney injury and kidney failure. Plaintiffs contend that the drugs’ manufacturers have received numerous reports linking the drugs to serious kidney inures, but have concealed this knowledge from the public for years.

More than 20 million Americans use proton pump inhibitors every year to treat peptic disorders like GERD. However, a growing body of research has found that these drugs may increase the likelihood of heart attacks, bone fractures, dementia, low magnesium and B12 deficiency. Other studies have indicated that proton pump inhibitors are often prescribed inappropriately.

Bernstein Liebhard LLP is representing individuals in proton pump inhibitor lawsuits involving serious kidney damage. To discuss filing your own claim with a member of our legal team, please call (888) 994-8177.

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