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Shine Lawyers to investigate class action against prescribed heartburn and reflux drugs

A national law firm is investigating a potential class action lawsuit concerning a pharmaceutical drug that allegedly caused stomach cancer and kidney failure in 100,000 people.

user iconGrace Robbie 31 July 2024 Big Law
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Shine Lawyers, in consultation with US law firm Milberg Coleman Bryson Phillips Grossman (Milberg), has commenced an investigation into a potential class action concerning pharmaceutical drugs, proton pump inhibitors (PPIs).

These drugs reduce the amount of acid produced by the stomach and are primarily used to treat conditions such as acid reflux and stomach ulcers.

The national law firm is conducting the investigation due to the fact that these commonly prescribed drugs have been associated with severe health issues, including stomach cancer and kidney failure, impacting over 100,000 Australians.

Craig Allsopp, joint head of class actions at Shine Lawyers, highlighted the extensive use of PPIs throughout Australia and the mounting concerns regarding their safety implications, particularly as the number of prescriptions continues to increase annually.

“In the past four years alone, there are likely to have been more than 5 million Australians who have filled a prescription for a PPI drug. In 2021, over 23 million individual prescriptions were filled, and this number is increasing year on year. It also doesn’t include over-the-counter sales,” he said.

Allsopp noted that global research has revealed a heightened risk of stomach cancer and kidney damage associated with the use of PPIs, which is particularly concerning given that PPIs are among the most frequently prescribed medications and are often administered over prolonged periods.

“Research across the globe has revealed that users of PPIs are at an increased risk of developing stomach cancers and kidney injuries,” Allsopp said.

“This is concerning given research also shows that PPIs are some of the most-prescribed medicines on the market and that consumers typically take PPIs for longer periods and at higher doses than recommended.”

The Shine Lawyers investigation will encompass a range of PPI drugs, including Nexium and Nexium 24HR (or other drugs containing esomeprazole), Losec (or other drugs containing omeprazole), Somac (or other drugs containing pantoprazole), Pariet (or other drugs containing rabeprazole), and Zoton FasTabs (or other drugs containing lansoprazole).

The class action investigation will examine global research showing and suggesting that PPIs heighten the “risk of developing gastric cancers (including neuroendocrine tumours and adenocarcinomas) and kidney injuries (including acute kidney injury, chronic kidney disorder, and kidney failure)”, according to the firm.

The class action investigation will also evaluate whether the companies responsible for selling and distributing these medications adequately fulfilled their duty to inform customers of the potential risks associated with PPIs.

“Our investigation should put manufacturers of these drugs on notice. The class action will explore whether there is a claim for statutory safety defects, breaches of guarantee and/or negligence by the manufacturers, like AstraZeneca and Merck,” Allsopp said.

This investigation follows AstraZeneca’s recent settlement of US$425 million in October 2023, addressing kidney-related claims associated with Nexium and Prilosec (marketed as Losec in Australia).

Allsopp underscored that individuals are eligible to join the class action investigation if they “have been diagnosed with stomach cancers or kidney failure after you started taking one (or more) of the PPI drugs”.

To enhance the effectiveness of this investigation, Shine Lawyers is leveraging its strategic partnership with global class action and mass tort firm Milberg Coleman Bryson Phillips Grossman.

“This a Shine Lawyers’ first in the class action space. We’re encouraged to be working alongside Milberg’s team on this investigation.

“This is a major development for Shine as it grows its class action and mass tort practice. The addition of the resources of Milberg is a key benefit for our clients and our business. It marks the first of many global partnerships as we enter a new space in mass tort litigation,” Allsopp said.

Senior partner at Milberg, Marc Grossman, also expressed the firm was “thrilled to be working with Shine on class action and mass tort work. The combined skills of respective firms will strengthen both of our practices immensely.”

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