Design Defect, Warning Claims to Proceed in La. Federal Nexium Kidney Damage Action

NEW ORLEANS — A Louisiana federal judge has refused to dismiss claims of defect in construction or composition and design defect in a Nexium kidney damage action, ruling that the plaintiff sufficiently pled that the acid reflux drug was defective in formulation and that safer designs existed.

On March 22, Judge Martin L.C. Feldman of the U.S. District Court for the Eastern District of Louisiana also refused to dismiss the failure-to-warn claim, finding the plaintiff adequately alleged that had her doctor known of Nexium’s risks, he would not have prescribed the drug.

However, the judge dismissed with prejudice the non-Louisiana …