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Consumer Law
Product Liability
Negligent Misrepresentation

In re: Nexium (Esomeprazole) Products Liability Litigation

Published: Nov. 8, 2014 | Result Date: Oct. 8, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 2:12-cv-02404-DSF-SS Bench Decision –  Defense

Court

USDC Central


Attorneys

Plaintiff

Thomas V. Girardi
(Girardi & Keese)

Vincent J. Carter

Keith D. Griffin
(Girardi & Keese)

Lauren E.S. Horwitz
(Banafsheh, Danesh & Javid PC)


Defendant

Bonnie L. Gallivan

James J. Freebery IV

Audra J. Ferguson-Allen

Amy K. Fisher

Peter A. Strotz
(King & Spalding LLP)

William E. Steimle

Katherine A. Winchester

Makenzie Windfelder

Megan R. Nishikawa
(King & Spalding LLP)

Farley J. Neuman
(Goodman, Neuman & Hamilton LLP)

Pavan L. Rosati


Facts

Plaintiffs filed a suit against several defendants, including AstraZeneca Pharmaceuticals LP, AstraZeneca LP, and McKesson Corp., concerning the drug, Nexium.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that they ingested the drug, Nexium, which was manufactured, designed, and sold by defendants. Plaintiffs alleged that they suffered injuries as a result of ingesting Nexium. Plaintiffs' alleged injuries included, among others, osteoporosis and other bone problems. Plaintiffs alleged that defendants downplayed the health hazards and adverse effects associated with Nexium. Plaintiffs' asserted its position is consistent with the FDA who required AstraZeneca to add a warning about bone fractures to its label for Nexium in 2010.

Result

The court granted defendants' motion for summary judgment. Accordingly, it entered judgment in favor of defendants.

Other Information

Plaintiffs intend to appeal to the 9th Circuit Court of Appeals. FILING DATE: Dec. 10, 2012.


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