A Louisiana woman who allegedly developed kidney failure after taking the heartburn drug Nexium (generic: esomeprazole) will be allowed to pursue defect and warning claims, after the judge overseeing the case turned back a defense bid to have the lawsuit dismissed
Free Confidential Lawsuit Evaluation: If you or a loved one suffered kidney damage after taking Nexium, you should contact our law firm immediately. You may be entitled to compensation by filing a suit against the manufacturer and our lawyers can help.
What’s the Problem?
April 21, 2017 – According to the lawsuit, Plaintiff Alice Donald took Nexium from Sept. 2013 to April 2016, which caused her to develop kidney failure.
In an Order issued March 22, the judge overseeing the case upheld claims of defect in construction or composition and design defect, ruling that Donald had sufficiently pled that Nexium was defective in formulation and that there were other safer heartburn medications available on the market. Plaintiff’s failure-to-warn claim was also upheld by the judge.
“Donald’s complaint alleges that her treating physician would not have prescribed her Nexium had the physician been properly warned of the risks of kidney injuries,” the judge wrote. “In following with the Fifth Circuit’s quite generous instruction on specificity required at the pleading stage for an LPLA claim, the Court finds that the plaintiff’s complaint provides ‘facial plausibility’ for a failure-to-warn claim.”
Donald brings counts of strict product liability, intentional infliction of emotional distress, negligent infliction of emotional distress, fraud, negligence, negligent misrepresentation, fraudulent misrepresentation, and breaches of express and implied warranties against AstraZeneca Plc and other defendants.
Donald’s lawsuit is just one of many currently pending in courts across the U.S. that accuse manufacturers of proton pump inhibitor (PPI) heartburn medications of failing to adequately warn about the kidney risks associated with their products.
The litigation began to grow following the release of studies linking long-term PPI use to chronic kidney disease (CKD), kidney failure (end-stage renal disease or “ERSD”) and other serious renal complications.
Do I Have a Nexium Class Action Lawsuit?
The Class Action Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Nexium lawsuits. We are handling individual litigation nationwide and currently accepting new injury and death cases in all 50 states.
Free Case Evaluation: Again, if you were injured by Nexium side effects, you should contact our law firm immediately. You may be entitled to a settlement by filing a suit and we can help.