A massive pharmaceutical case is building in the federal court system involving the drugs Dexilant, Nexium, Prevacid, Prilosec, and Protonix. Although the master complaint does not seem to be available at the moment, some clues are evident from a First Amended Short Form Complaint in one of the many cases joining this action.
The master case, In re: Proton-Pump Inhibitor Products Liability Litigation, MDL 2789 is filed in the United States District Court for the District of New Jersey. The docket report begins with a Motion to Transfer 166 other cases from all over the country, with more added farther down the docket. (The “MDL” in the docket number indicates that this is a “multi-district litigation.”)
The list of pharmaceutical companies who are the defendants is long:
- Abbott Laboratories
- AstraZeneca Pharmaceuticals LP
- AstraZeneca LP
- GlaxoSmithKline Consumer Healthcare Holdings (US) LLC
- Merck & Co. Inc. d/b/a Merck, Sharp & Dohme Corporation
- Novartis Corporation
- Novartis Pharmaceutical Corporation
- Novartis Vaccines and Diagnostics, Inc.
- Novartis Institutes for Biomedical Research, Inc.
- Novartis Consumer Health, Inc.
- Pfizer, Inc.
- The Procter & Gamble Company
- The Procter & Gamble Manufacturing Company
- Takeda Pharmaceuticals USA, Inc.
- Takeda Pharmaceuticals America, Inc.
- Takeda Development Center Americas, Inc. f/k/a Takeda Global Research & Development Center, Inc.
- Takeda Pharmaceutical Company Limited
The short-form amended complaint allows a new case to join a combined one more easily by listing defendants already named and allegations already made and allowing the plaintiffs in new cases to check off the boxes that apply to them as well. Space is left for additions.
In this particular short-form, one item says, “As a result of using PPI Products, Plaintiff/Decedent suffered pain and suffering, emotional distress, mental anguish, and personal and economic injur(ies) that are alleged to have been caused by the use of the PPI Products …” The list of wrongs includes injury, wrongful death, survivorship, economic loss, loss of services, and loss of consortium.
Another such item reads, “The injuries suffered by Plaintiff/Decedent as a result of the use of PPI Products include, among other things that will be set forth in Plaintiff’s discovery responses and medical records…” The checklist includes acute interstitial nephritis (AIN), acute kidney injury (AKI), chronic kidney disease (CKD), end stage renal disease (ESRD), and dialysis, with a space for “other(s).”
Among the legal allegations made against the pharmaceutical companies in this case are strict product liability, negligence, breaches of warranties, fraud, fraudulent misrepresentation, fraudulent concealment, violation of state consumer protection laws, loss of consortium, and wrongful death.
Article Type: LawsuitTopic: Consumer
Most Recent Case Event
Nexium, Prilosec, and Similar Drugs Cited in Massive Lawsuit, Short-Form Complaint
April 24, 2019
A massive pharmaceutical case is building in the federal court system involving the drugs Dexilant, Nexium, Prevacid, Prilosec, and Protonix. Although the master complaint does not seem to be available at the moment, some clues are evident from this First Amended Short Form Complaint in one of the many cases joining this action.
short_form_compl_addition.pdfCase Event History
Nexium, Prilosec, and Similar Drugs Cited in Massive Lawsuit, Short-Form Complaint
April 24, 2019
A massive pharmaceutical case is building in the federal court system involving the drugs Dexilant, Nexium, Prevacid, Prilosec, and Protonix. Although the master complaint does not seem to be available at the moment, some clues are evident from this First Amended Short Form Complaint in one of the many cases joining this action.
short_form_compl_addition.pdf