Delaware Zantac Cancer Litigation To Move Forward Monday With Daubert Hearing
After settlements with Zantac cancer victims in California, litigants prepare for next phase in the litigation involving over 70,000 cases
At Monday’s Daubert hearing, Judge Medinilla will hear argument about the methodologies used by Plaintiffs’ experts to conclude that the NDMA exposure from ingesting Zantac causes cancer. If Medinilla determines those methodologies are admissible under Delaware law, Plaintiffs’ expert witnesses will be permitted to testify at trial.
Investigations by regulators around the world have found NDMA in nearly every Zantac (generic: ranitidine) pill tested. Prompted by third party laboratory testing, and citing risks of consumer exposure to NDMA and “sustained higher levels of exposure” increasing “the risk of cancer in humans,” the FDA recalled all ranitidine products from the market in 2020. Testing by regulators, ranitidine manufacturers, and independent laboratories show that one ranitidine 300 mg tablet can contain tens of thousands of nanograms (ng) of NDMA, greatly exceeding the FDA’s daily acceptable intake limit of 96 ng.
Many of the experts at issue in the Delaware proceedings have already been deemed admissible by the Court overseeing thousands of Zantac cases in California, which has resulted in every case proceeding to trial in California to settle for confidential amounts. In the federal Zantac multi-district litigation, the MDL court excluded a different set of experts presented by the MDL plaintiffs, which is now on appeal. However, the Delaware litigation will bring an entirely new group of general causation experts, none of whom were part of the federal litigation.
Wisner Baum attorney Brent Wisner and Jennifer A. Moore of Moore Law Group PLLC are co-lead counsel in California and Delaware, and will be arguing for the Plaintiffs in the upcoming Daubert hearing before Judge Medinilla.
“We’re feeling confident,” Wisner said. “Last year, GlaxoSmithKline’s attempt to keep expert testimony linking this drug to cancer out of the courtroom in the California litigation case failed—science prevailed. The FDA pulled Zantac off the market because it contained a potent carcinogen—and the studies looking at this issue show that people who ingest NDMA develop cancer at alarming rates. Our clients, who have been victimized by these drug companies that were hell-bent on making money despite knowing that their product was unsafe, deserve their day in Court, and we are hopeful that Judge Medinilla agrees.”
“Multiple peer-reviewed studies have established a link between NDMA exposure from Zantac and increased cancer risks,” Moore said. “Our experts have drawn sound scientific conclusions based on the peer-reviewed literature, and their opinions should be shared with a jury. Anything less would be an affront to our clients’ constitutional right to have their cases decided by a jury of their peers. The right to a jury trial is sacred and we are hopeful the Court will let our clients have their day in Court to hold these pharmaceutical companies accountable.”
The defendants participating in the Daubert hearing are GlaxoSmithKline, Pfizer, Boehringer Ingelheim, Sanofi, and Patheon. The case is Zantac (Ranitidine) Products Liability litigation (Civil Action No. N22C-09-101 ZAN) in Delaware Superior Court. The hearing will begin at 9:00 AM at the Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801.
The award-winning law firm of Wisner Baum has successfully litigated cases against many of the largest pharmaceutical companies in the world. Since 1985, the firm has earned a reputation for breaking new legal ground, holding corporations accountable, influencing public policy, and raising public awareness on important safety issues. Using its longstanding tradition of success in the courtroom, the firm always strives to shine a spotlight on unsafe products or harmful practices to protect consumers from dangerous products. Across all areas of practice, the firm has won more than $4 billion in settlements and verdicts.
L.J. Williamson
Newsroom PR
lj@newsroompr.com
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