Prilosec Lawsuit Settlements

Prilosec litigation is ongoing. Some significant bellwether trials — test case trials — are delayed. Legal experts suggest a possibility of a global settlement before the cases come to trial.

Plaintiffs claim AstraZeneca and distributor Procter & Gamble knew the risks of Prilosec but failed to warn the public. Lawsuits allege that Prilosec and other proton pump inhibitors, known as PPIs, are defective and unreasonably dangerous, and they make additional claims of negligence, consumer deception and breach of warranty.

Injuries from the acid reflux medication described in legal filings include chronic kidney disease, kidney injuries and end-stage renal failure. Plaintiffs seek compensation for costs such as medical bills, lost wages and pain and suffering.

In 2008, Apotex Inc. was found to have infringed AstraZeneca’s U.S. patent for Prilosec. In 2013, the U.S. District Court ordered Apotex to pay $76 million plus interest in damages. Apotex appealed, but in April 2015, the U.S. Court of Appeals for the Federal Circuit affirmed the bulk of the damages awarded, with one exception. In July 2015, the District Court ordered Apotex to pay approximately $99 million to AstraZeneca.

AstraZeneca agreed to pay the government $7.9 million to settle another lawsuit that claimed the company was involved in a kickback scheme in violation of the False Claims Act. In that case, the government received claims of false pricing and allegations of improper payments by the company.

In another trademark litigation, AstraZeneca sued generic drugmakers Camber Pharmaceuticals Inc. and Dr. Reddy’s Laboratories to enforce its Prilosec and Nexium trademark rights. The case focused on the color of the pills, with AstraZeneca claiming the generic pill violated its trademark by using similar coloring. The defendants agreed in 2016 to change the color of their generic versions of the drugs.

Predicting the value of potential settlements in an individual injury claim or a class-action claim is difficult, though some Prilosec lawyers have estimated that the average amount of a Prilosec settlement could be anywhere from $20,000 to $150,000.

Factors that affect a settlement include the extent of harm to plaintiffs from serious Prilosec side effects. The more severe the injuries, the higher the settlement amount.

Sometimes, the defendant pays an amount equal to the value of all of the valid claims in a class, but parties can set up mass tort settlements in several ways. Other typical damages in PPI lawsuits include lost wages and past, present and expected future medical bills.

Ultimately, the final amount will be determined by the parties involved. In the case of Prilosec, the litigation is ongoing, so the parties have not settled — or agreed to any amounts associated with a settlement.

How Long Will It Take for Prilosec Lawsuits to Settle?

The time it takes for Prilosec lawsuits to settle is likely tied to the time it takes for the litigation to reach a trial date. Courts have delayed multiple lawsuits, and there is always a chance for more delays at the request of either party. Two claims were pushed to April 2023, while a third was postponed to June 2023.

There are many examples of large mass tort or class-action lawsuits taking over a decade to resolve. The factors involved include the amount of medical evidence, the number of plaintiffs, pretrial motions and court resources.

If you took brand-name Prilosec and developed acute or chronic kidney problems, you may qualify for a Prilosec claim. Only people who took prescription and over-the-counter Prilosec are eligible to make a claim.

If you took Prilosec for a year or more, you may have a stronger claim. However, only a lawyer can confirm your potential status to file a claim relating to Prilosec.

There are potential time limits involved in filing a Prilosec lawsuit. Speak to a lawyer about your medical concerns about Prilosec as soon as possible.