AstraZeneca Nexium Suits Should Overcome Preemption Challenge

Aug. 1, 2022, 8:41 PM UTC

AstraZeneca Pharmaceuticals LP, Merck Sharp & Dohme Corp. and Takeda Pharmaceuticals USA Inc. should face litigation alleging they didn’t adequately warn doctors that Nexium and Prevacid antacids can cause kidney disease, a federal judge in New Jersey recommended Monday, saying federal law doesn’t preempt the claims.

The companies failed to show that the Food and Drug Administration would have rejected stronger warnings about kidney injury, Special Master Ellen Reisman of the US District Court for the District of New Jersey said.

This defeats their contention that they couldn’t have complied with federal requirements and state-law obligations, making their claims ...

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