BLUEFIELD — A married couple's lawsuit against drug manufacturing companies responsible for Nexium cites alleged breach of express and implied warranties.
Linda Church and Timothy Church filed a complaint Aug. 18 in the U.S. District Court for the Southern District of West Virginia against Astrazeneca Pharmaceuticals LP, Astrazeneca LP, Astra USA Inc., KBI Sub Inc., Zeneca Inc., et. al., alleging the defendants breached their duty to assure their product would not cause users to suffer unreasonable, dangerous side effects.
The plaintiffs say Linda Church used Nexium, which has caused her to suffer from interstitial nephritis and end stage renal disease, as well as other severe and personal injuries, physical pain and mental anguish, diminished enjoyment of life and lifelong medical treatment. The plaintiffs say the defendants are responsible because they allegedly designed, researched, manufactured, marketed and sold Nexium, failed to provide adequate warnings and negligently represented that it had been tested and was found to be safe and/or effective for its indicated use.
The plaintiffs request a trial by jury and seek judgment against the defendants for all past and future damages, together with interest and costs, reasonable attorneys’ fees and other relief. They are represented by Harry G. Deitzler of Hill, Peterson, Carper, Bee & Deitzler PLLC in Charleston and Michael A. London of Douglas & London PC in New York.
U.S. District Court for the Southern District of West Virginia Case number 1:16-cv-07910