In many mass tort cases, there will be a distinct injury or injuries that are established from the beginning of litigation. However, this isn’t the case with a PPI lawsuit. With these lawsuits, lawyers need to be armed with sufficient organization systems to keep the deadlines, drugs, and injuries clear, since there are so many moving parts. The multidistrict litigation for these cases was established on August 2, 2017, and these cases were transferred to a federal district court.
What makes these lawsuits difficult is the many moving parts. One client could have used many different brand names of a PPI drug, either over the counter or prescribed. This can lead to multiple injuries, and each case has its own set of circumstances. Another moving part is the knowledge of the weaknesses and strengths in the case, and this requires medical research. When a lawyer files a PPI lawsuit, the lawyer must determine there was the drug use along with evidence of the injuries. Lawyers need to be well versed with the basic requirements of use and injury, as well as the research relating to the science behind each injury. Another moving part is the length of the lawsuit. The length of litigation can vary significantly from case to case, which makes it difficult to determine just how long the case can take.
However, it’s also important to note that the FDA approved PPIs for the short-term treatment of GERD, severe erosive esophagitis, active duodenal ulcers, and conditions that produce excess stomach acid. However, PPIs were commonly used to treat acid reflux and are being used over the long term, instead of their intended short-term use. Manufacturers behind these medications that have been named in PPI complaints have concealed knowledge that kidney injuries can be a result of these drugs. In order to have an understanding of how PPIs cause kidney problems, one needs to keep up with the relevant studies that focus on nephrology and gastroenterology. The FDA did release a warning related to these medications that long-term use could increase the risk of writs, and spine and hip fractures in some patients, and recommended that PPIs not be used for more than three 14-day periods in a year. However, the FDA has commented on the study that says that PPI use has been linked to an increased risk of developing kidney failure or chronic kidney disease. With so much information, it can make filing a lawsuit much harder.
The symptoms of kidney disease are also subtle and gradual, and due to this the disease usually isn’t diagnosed until it’s in the later stages, making it hard to prove that kidney injuries came from the prolonged use of PPIs.