N.J. Federal Special Master Recommends Bellwether PPI Case Proceed to Trial

TRENTON, N.J. — A New Jersey special master has recommended that an action in which an Ohio man alleges he developed kidney disease from taking Nexim proceed to trial, finding the evidence shows that a different warning would have affected his doctors’ decision to prescribe the heartburn drug.

In a July 19 order, Special Master Ellen Reisman of the U.S. District Court for the District of New Jersey found the learned intermediary doctrine does not defeat the failure-to-warn claim at this stage because the testimony of two doctors indicate they may have changed their decision to prescribe Nexium had they …