Arizona woman sues heartburn drug makers over bone fractures

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By Pat Murphy
Dolan Newswires

An Arizona woman has filed a product liability lawsuit alleging that she suffered bone fractures in her feet as a result of taking popular heartburn drugs made by AstraZeneca, Pfizer and other pharmaceutical companies.

A complaint filed by Rebecca Smith-Lee in the U.S. District Court for the Northern of California on Dec. 1 alleges that the drug companies “have yet to adequately inform consumers and the prescribing medical community about the well-established risks of long-term Prilosec, Nexium, Protonix, Prevacid and Aciphex use.”

Smith-Lee alleged that she used the heartburn drugs listed in her complaint between 2007 and 2010. She further alleged that she suffered multiple fractures in her right foot in 2009 and multiple fractures in her left foot in 2010. Despite corrective surgery, Smith-Lee claimed that she continues to experience severe pain in her feet.

Smith-Lee blamed her foot problems on her use of Prilosec, Nexium, Protonix, Prevacid and Aciphex. The heartburn drugs belong to a class of medications called proton pump inhibitors (PPIs). The drugs work by reducing the amount of acid in the stomach and are used to treat conditions such as gastroesophageal reflux disease, stomach ulcers and frequent heartburn.

In May 2010, the Food and Drug Administration issued a warning of a possible increased risk of bone fractures for those taking PPIs. The agency updated the warning in March 2011, advising that “[h]ealth care professionals should be aware of the risk for fracture if they are recommending use of [over-the-counter] PPIs at higher doses or for longer periods of time than in the … PPI label.”

Smith-Lee’s complaint cited six studies as having found that PPIs speed up bone loss and increase the risk of fracture for those over fifty who take the medication regularly for more than a year.

“Despite their knowledge of this dangerous side effect that can result from long-term Prilosec, Nexium, Protonix, Prevacid and Aciphex use, defendants refused to warn patients, physicians and the medical community about the risks,” the complaint states. “Defendants continue to defend Prilosec, Nexium, Protonix, Prevacid and Aciphex, mislead the physicians and the public, and minimize unfavorable findings.”

The first lawsuit against AstraZeneca over an increased risk of bone fractures allegedly caused by its acid reflux medication Nexium was filed last spring in a Texas federal court.

Smith-Lee’s complaint includes claims for negligence, strict liability/defective design, manufacturing defect and failure to warn. Her attorneys are Clifford Lee Carter and Kirk J. Wolden of Clayeo C. Arnold PLC in Sacramento, Calif.