Proton pump inhibitors (PPIs) are medications designed to treat acid reflux, heartburn, and related conditions. They are sold under such brands as Prilosec, Nexium, and Prevacid. While popular, the safety of these medicines has been called into question. PPIs have been linked to serious problems affecting the kidneys and bones. Among these are kidney disease, kidney failure, and interstitial nephritis (inflammation in the areas between the kidney’s renal tubes). Brittle bones and an increased risk of bone fractures have also been reported. There are thousands of PPI lawsuits pending across the country, with over 4,500 sets to go to trial in 2020. If you have been injured by a proton pump inhibitor medication, you may have questions about what a proton pump inhibitor lawsuit involves. These are the answers to some of those questions.
What Are The Legal Issues At Stake?
Every proton pump inhibitor lawsuit is different, and the exact allegations in your case will depend on the facts unique to you. But there are some trends that Los Angeles mass tort attorneys have observed in the thousands of lawsuits that have been filed to date:
The drugs are unreasonably defective and dangerous. Every medication comes with side effects and some degree of risk. But these risks cannot be unreasonable, and drug makers have a duty to not sell defective products.
The makers of the drug were negligent. This means the manufacturers owed a duty of care to patients and breached that duty. Negligence always results in some amount of damages to the victims. In these cases, the damages typically include medical bills, ongoing treatment, and lost time from work.
The manufacturers failed to adequately test the drugs. In some cases, more extensive testing could have uncovered some of the most serious side effects. But drug makers, watching their bottom line, do not necessarily want to spend money on more research.
The risks were not adequately disclosed. Some of the drug makers may have failed to tell doctors and patients about the risks of PPIs. There are also allegations that these risks were hidden or misrepresented. Failure to disclose the risks of medications deprives patients of the ability to make informed health choices.
Will Expert Witnesses Be Involved?
PPI lawsuits are complex and involve specialized scientific and medical knowledge. Expert witnesses are therefore heavily relied upon in drug injury lawsuits. It’s not enough to simply tell a jury that you took a certain medication and became sick. Expert witnesses help make the connection between the drug company’s actions and your medical condition.
Will I Receive A Settlement Offer?
This remains to be seen. If a drugmaker offers a settlement to PPI victims, that offer must be closely scrutinized. An offer that does not take into account all damages is not a good offer. Your lawyer will not agree to an offer without reviewing its terms with you. And we will not advise that you accept anything less than a fair, comprehensive offer.
How Can A Lawyer Help Me?
Taking on the deep pockets of the pharmaceutical industry requires experience and familiarity with the issues. You also want an attorney who knows the rules of evidence, the rules of civil procedure, and the law. Your job is to recover from your injuries and get back to your life. Our job is to take on the drug makers and fight for the compensation you deserve.
How Can I Help My Lawyer?
Be upfront with your attorney about any health issues involving PPIs. Gather and organize all medical records concerning your condition. Document lost time from work and any expenses connected with your health problems. Let your attorney determine what is and is not important; remember, more information is always better than less.
How Can I Get Started On My Proton Pump Inhibitor Lawsuit?
Don’t wait to take action. Statutes of limitation dictate how much time you have to file a proton pump inhibitor lawsuit. Waiting too long could foreclose your right to compensation. Contact the attorneys at Rueb Stoller Daniel to begin working on your case now.