100,000 Australians who have taken widely prescribed drugs for heartburn and reflux in Australia and developed adverse health impacts including stomach cancers and kidney failure could join a class action to hold manufacturers to account.
Shine Lawyers, in consultation with US firm Milberg Coleman Bryson Phillips Grossman (Milberg), is investigating the claim and says these drugs, called proton pump inhibitors, could be responsible for causing stomach cancers and kidney failure.
“In the past four years alone, there are likely to have been more than five 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,” said Craig Allsopp, Joint Head of Class Actions at Shine Lawyers.
“Proton pump inhibitors (PPIs) reduce the amount of acid made by the stomach and are used to treat acid reflux and stomach ulcers.”
“Research across the globe has revealed that users of PPIs are at an increased risk of developing stomach cancers and kidney injuries,"
“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,” he said.
PPI drugs the firm is investigating include:
Nexium or 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)
Zoton FasTabs (or other drugs containing lansoprazole)
The investigation will look at research around the world indicating PPIs increase the risk of developing gastric cancers (including neuroendocrine tumours and adenocarcinomas) and kidney injuries (including acute kidney injury, chronic kidney disorder, and kidney failure), and whether the companies selling and manufacturing these drugs have failed to inform consumers about these risks.
“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” said Allsopp.
AstraZeneca entered into a bulk settlement of kidney claims against them relating to Nexium and Prilosec (marketed as Losec in Australia) for USD$425 million on 3 October 2023.
“You are eligible to join the class action investigation if you have been diagnosed with stomach cancers or kidney failure after you started taking one (or more) of the PPI drugs,” said Allsopp.
To drive the success of this investigation, Shine is leveraging its USA alliances by partnering with Global Class Action and Mass Tort industry leaders, 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.
“Group members get the benefit of our local experience and know-how, combined with Milberg’s subject matter knowledge,”
“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,” said Allsopp.
Senior Partner at Milberg, Marc Grossman said, “we are 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.”
Milberg is an international leader in this field with offices in North America, South America, Europe and the United Kingdom. The company has more than 50 years of class action experience and has settled more than $50billion in class actions.
The alliance will bolster the quantity and quality of Class Action and Mass Tort work undertaken by Shine.
Media Enquiries: Miriam Sawan 0436 666 575 msawan@shine.com.au
