Nexium Lawsuit Consolidation in Federal Multidistrict Litigation Sought

A panel of federal judges has scheduled oral arguments for late next month to consider whether to consolidate all federal Nexium lawsuits, which involve common allegations that AstraZeneca failed to properly research their blockbuster heartburn drug or adequately warn about the risk of bone damage and fractures.

Nexium is one of the most widely used drugs in the United States, approved for treatment of acid reflux and other stomach disorders. It is part of a class of medications known as proton pump inhibitors (PPIs), which also includes Prevacid, Protonix, and Prilosec. However, Nexium is the most popular of the class, with more than $6 billion in annual sales.

More than 1,000 individuals throughout the United States have brought a product liability lawsuit against AstraZeneca after suffering bone fractures, osteoporosis and other bone problems, which were allegedly caused by side effects of Nexium.

The filing of lawsuits over Nexium has been increasing throughout the country in recent years, since the FDA first warned that there may be an increased risk of bone fractures from Nexium and other PPI medications in 2010. That warning was updated by the FDA in 2011, indicating that the risk of broken bones from Nexium appears to be linked to high doses of the medication used over long periods of time. Over-the-counter versions of the drug did not appear to be affected, according to federal drug regulators.

According to a hearing schedule (PDF) issued by the U.S. Judicial Panel on Multidistrict Litigation (JPML), oral arguments over a motion to consolidate the Nexium litigation will be considered on November 29 in Dallas, Texas.

Plaintiffs Propose Centralizing Nexium Litigation in California

On August 27, a number of plaintiffs filed a petition to consolidate the Nexium litigation, proposing that cases pending in at least 19 different U.S. District Courts throughout the country be centralized before U.S. District Judge Dale S. Fischer in the Central District of California, where at least eight of the current claims are pending.

Consolidation of the Nexium bone fracture cases as part of an MDL, or multidistrict litigation, is designed to eliminate the risk of contradictory pretrial rulings from different judges, reduce duplicate discovery and serve the convenience of the parties, witnesses and the courts, according to arguments raised by plaintiffs.

AstraZeneca Pharmaceuticals is opposing the formation of a Nexium MDL, indicating that multiple different heartburn drugs and manufacturers are involved in many of the complaints. In addition, the pharmaceutical company indicates that many of the cases have already progressed to a point where there will not be any benefit provided by consolidating the cases as part of an MDL.

“There are numerous PPIs and PPI manufacturers,” the company stated in an opposition to the Nexium MDL (PDF), which was filed September 19. “While the Motion implies Nexium is the only medication at issue, that has not been established in the vast majority of cases.”

Although AstraZenica has indicated that an MDL should not be established for the litigation, the drug maker has proposed that if the panel decides to consolidate the cases, each Nexium lawsuit pending in the federal court system should be transferred to the U.S. District Court for the Southern District of Texas, before Judge Lynn Hughes.

AstraZeneca proposes that Texas is the most appropriate venue, as 255 plaintiffs involved in the Nexium bone fracture litigation reside in that state, representing more than 22% of all plaintiffs throughout the country.