Nexium, Prilosec Settlement Conferences Ordered In Advance of Approaching Trials Over Kidney Side Effects

With more than 13,000 Nexium lawsuits, Prilosec lawsuits, Prevacid lawsuits and other claims pending in the federal court system against makers of proton pump inhibitors (PPI), each involving similar allegations that users of the heartburn drugs were left with serious kidney side effects, the U.S. District Judge presiding over the litigation has ordered the parties to participate in a series of settlement conferences before the first trials begin in the coming months.

Proton pump inhibitor medications include some of the most widely recognized brand-name drugs on the market in the United States, including blockbuster treatments like Nexium, Prilosec, Prevacid, Protonix, Dexilant and others, which have been used by millions of Americans for treatment of acid reflux and heart burn.

While the drugs have been promoted for years as safe and effective, leading many to believe they carry few serious side effects, plaintiffs allege that they have been left with acute kidney injury, chronic kidney disease, end-stage renal failure and other side effects from Nexium, Prilosec and other PPI medications, indicating that the problems could have been avoided if proper warnings had been provided about the risks associated with long-term use.

Given common questions of fact and law raised in thousands of complaints brought throughout the federal court system, the litigation has been centralized before  U.S. District Judge Claire C. Cecchi in New Jersey since late 2019, as part of an MDL or multi-district litigation.

Lawsuits Over Nexium Kidney Side Effects Headed Toward Trial

Following coordinated discovery into common issues that impact all of the cases, Judge Cecchi established a “bellwether” program where a small group of lawsuits that are representative issues raised throughout the claims have gone through case-specific discovery and been prepared for a series of early trial dates.

The first Nexium bellwether trial is scheduled to go before a jury beginning on November 14, involving a lawsuit filed by James Rieder, who developed chronic kidney disease after using the drug for nearly five years.

That trial will be followed by at least two other bellwether cases that are expected to go before juries next year, to help the parties gauge how juries are likely to respond to certain evidence and testimony that will be repeated throughout the litigation.

Judge Cecchi has also previously chose another 20 cases that are part of a second bellwether group, and two large waves of 100 cases each were recently selected for case-specific discovery, and the claims may start being remanded to U.S. District Courts nationwide for individual trial dates in the coming years if the parties are unable to resolve the litigation.

“Opportune Time” for Nexium Settlement Negotiations

Prior to devoting judicial resources to a series of jury trials, Judge Cecci has directed the parties to engage in a series of settlement conferences with a Special Master, to negotiate in good faith and explore whether a global resolution can be reached.

In a case case management order (PDF), Judge Cecchi indicated that “now is an opportune time for Plaintiffs and Defendants in these cases to participate in settlement conferences,” directing two plaintiffs attorneys and representatives from each of the drug makers involved in the litigation to personally attend with “full settlement authority,” subject to approval of their respective Boards of Directors.

The settlement conferences which will be overseen by Special Master Ellen Reisman, and take place over the next several weeks, including representatives of GlaxoSmithKline on September 29; AstraZeneca and Merck on September 30; Pfizer on October 19; Procter & Gamble on October 20, 2022; and Takeda and Abbott on October 21, 2022.

“The Special Master may schedule as many additional conferences as she determines to be appropriate, and all parties shall participate fully and with all necessary settlement authority in any additional settlement conferences conducted by Special Master Reisman,” Judge Cecchi wrote.

September/October 2022 Nexium Lawsuit Update

On the same day Judge Cecchi ordered the parties to participate in settlement conferences throughout September and October 2022, the Court scheduled two bellwether trials to begin in the first half of 2023.

In one case management order (PDF), the court indicated that a lawsuit filed by David P. Foster will go before a jury starting on March 1, 2023. The other order (PDF) schedules the third bellwether trial, involving claims filed by Freddy Bales, to be held on April 10, 2023.

While the outcomes of these early test trials will not have any binding impact on other plaintiffs, they will be closely watched and send a signal about the extent of liability the drug makers may face if Nexium settlements, Prilosec settlements and other agreements are not reached to resolve individual claims brought by individuals left with long-term kidney damage.