Just under a year ago, plaintiffs alleging use of the heartburn drug Nexium caused them to suffer bone damage and fractures were ordered to produce, within seven months, pharmacy records showing they took the drug and medical records that they were diagnosed with bone injuries. Now lawyers for the defendant drug makers say that more than 730 plaintiffs have failed to get the paperwork done.
Defense counsel wrote in their section of a joint status report that “the fundamental process of determining who actually ingested Nexium … and subsequently suffered the alleged bone-related injury – information plaintiffs in an individual lawsuit would have provided at the outset – has still not concluded.”
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