PPI Kidney Injury Bellwether Case Selection: Updates

PPI Kidney Injury Bellwether Case Selection: Updates

Introduction

In a case management order submitted on December 3 in the U.S. District Court, District of New Jersey Judge Claire C. Cecchi, overlooking the proton pump inhibitors (PPI) lawsuits, stated the parties had submitted competing proposals for the upcoming bellwether trials.

The plaintiffs' proposal indicated that Plaintiffs’ Steering Committee (PSC) would submit 8 to 12 PPI lawsuits for bellwether discovery pool by February 28, 2019. The core discovery process would be concluded by June 28, 2019, which would comprise of three case-specific fact depositions presented by each of the parties in every bellwether discovery pool case. For a heightened discovery, the PSC would nominate 6 cases by July 9, 2019; the defendants can challenge any of the plaintiffs' case submission explaining their reasons to oppose by July 12, 2019; to this opposition, the Plaintiffs' Counsel has time till July 16 to reply post which the court would select 6 bellwether trial pool cases by July 28, 2019; after an additional fact discovery on the pool cases, the court would designate three bellwether trial finalists by October 25, 2019.

On the contrary, the defendants have outlined discovery plans only for the New Jersey residents affected by Nexium or any other PPI, who filed claims by November 1, 2018, and submitted a completed Plaintiff's Fact Sheet by December 1, 2018. The defendants also proposed that the Core Fact Discovery must wrap up by July 28, 2019. The proposal allowed the following depositions in each trial pool case: PPI user, if still alive; the user's spouse or representative; other family members or friends as per PFS; the user's prescribing physicians; the user's treating and/or diagnosing physician(s).

Over 2,500 Nexium, Prilosec, Prevacid, and Protonix lawsuits are linked to kidney injury claims by plaintiffs who allege PPI use led to chronic kidney failure and other renal complications. The bellwether trial is set to begin in September 2020. The case verdict would provide insight into how juries might react in similar PPI lawsuits.