Proton Pump Inhibitor Settlements

Proton Pump Inhibitor Settlements 2018-03-07T10:03:10+00:00
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Hundreds of proton pump inhibitor lawsuits are consolidated in a New Jersey federal court, raising the possibility of PPI settlements in the future.

  • Kidney injuries
  • Nearly 700 PPI lawsuits
  • Time may be limited

Don’t hesitate to explore your legal options. Contact our experienced PPI attorneys now for a free consultation.

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We’ve already helped numerous patients fight for their rights in court.

— Laurence Rosen, Esq.

Hundreds of proton pump inhibitor lawsuits are consolidated in a New Jersey federal court, raising the possibility of PPI settlements in the future.

  • Kidney injuries
  • Nearly 700 PPI lawsuits
  • Time may be limited

Don’t hesitate to explore your legal options. Contact our experienced PPI attorneys now for a free consultation.

24/7 Free PPI Consultations

(866) 807-4631

We’ve already helped numerous patients fight for their rights in court.

— Laurence Rosen, Esq.


"Helpful & Smart."
Laurence is an intelligent and caring representative.

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Hundreds of injured patients have filed proton pump inhibitor lawsuits, claiming the popular heartburn drugs can increase the risk for severe kidney damage. Most pending proton pump inhibitor lawsuits are now consolidated in the US District Court of New Jersey, a federal court in Newark.

Prevacid, Prilosec and Nexium Settlements

No settlements have yet been announced, but we’re still in the early phases of this growing litigation.

Legal Textbooks

A growing body of medical research has shown that Nexium, Prevacid, Prilosec and other stomach acid-reducing medications are linked to higher incidences of acute kidney failure, chronic kidney disease and end-stage renal disease, or kidney failure.

Multidistrict Litigation

On August 2, 2017, the Judicial Panel on Multidistrict Litigation decided to transfer nearly 200 proton pump inhibitor claims, which were scattered in federal courts across the country, to New Jersey. In Newark, the lawsuits were centralized to become a Multidistrict Litigation, or MDL.

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The Honorable Claire C. Cecchi has been selected to preside over the litigation, which is now known as In re: Proton-Pump Inhibitor Products Liability Litigation.

How MDL Promotes Settlement Agreements

MDL is a legal mechanism in which multiple similar lawsuits are sent to a single court for more efficient proceedings. In most cases, the process of consolidation only applies to pre-trial proceedings – the things that have to happen before any one case can go before a jury. In particular, the all-important discovery stage, in which the plaintiffs and defendants gather evidence from each other, will be conducted in New Jersey.

Bringing all of the cases together under a single judge eliminates the possibility of conflicting court orders. It also cuts down on litigation costs, since all of the plaintiffs can demand evidentiary documents and hold depositions together, for their common benefit, rather than doing so individually.

Defendants also save on time and money, because their defense efforts can be focused on a single jurisdiction, instead of being spread out across the nation.

Who Guides A Consolidated Litigation?

A Plaintiffs’ Steering Committee has been appointed to coordinate legal efforts on behalf of the injured patients who have filed suit. This group of select attorneys will develop high-level legal strategies and guide the course of discovery, taking the key role in establishing a viable case against the proton pump inhibitor manufacturers.

At the same time, individual plaintiffs’ attorneys will continue to focus on the unique aspects of their clients’ cases. A division of labor helps things move as smoothly and quickly as possible.

Bellwether Trials & Settlement Talks

Once pre-trial proceedings are complete, the fate of an MDL is uncertain. Federal judges have several options at this point, but remember that the aim of Multidistrict Litigation in general is to encourage settlement and avoid years of trials.

With that in mind, most MDL judges choose to hold a series of bellwether trials; they select a few representative cases and schedule them for trial.

Bellwether trials are real. Real juries, real plaintiffs, real evidence and real judgments. A jury will hear the arguments on both sides and make a decision, assigning liability or choosing to exonerate the defendant. That judgment is binding, but it’s only binding for the individual plaintiff whose case went to court. The result has far wider consequences, however.

Weighing The Odds

The results obtained in a bellwether trial allow the other plaintiffs, along with the defendants, to learn a little more about where they stand in general. Was a jury swayed by your arguments? Did they find the evidence you presented convincing? And, in the event that the jury awards a monetary judgment, how much did they value the injuries alleged in the case?

All of this information goes to inform the settlement conversations that have been occurring simultaneously. A defendant who loses several bellwether trails may be more likely to settle the entire litigation, rather than risk the uncertainties of more court dates. Likewise, plaintiffs who fare poorly at trial will have to temper their expectations for a settlement agreement.

Can New Plaintiffs Join the MDL?

Yes.

As of March 2017, the New Jersey federal court is home to nearly 700 of these lawsuits, which level similar allegations of wrongdoing against numerous pharmaceutical manufacturers, from AstraZeneca and Takeda Pharmaceuticals to Wyeth. Going forward, plaintiffs who have yet to file a proton pump inhibitor lawsuit are now allowed to file their cases directly in the US District Court of New Jersey, as provided by Case Management Order 7, issued on January 17, 2018.

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