Zantac class action must be broken into separate complaints, judge rules

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Update:

• A federal judge in Florida ruled that tens of thousands of consumers who are part of multi-plaintiff cases against Zantac manufacturers must now file their claims separately after a court found no evidence that Zantac’s active ingredient causes cancer. 
• The court initially put the motions filed on behalf of the approximately 58,000 Zantac claimants in a now-abandoned registry that allowed claimants to suspend the statute of limitations on their claims. 
• However, the court abandoned the registry after it dismissed claims against Zantac manufacturers Pfizer, GlaxoSmithKline, Boehringer Ingelheim and Sanofi in December.
• The judge ruled the individuals who were part of the registry must now file their claims separately in a federal court for them to be timely. 

Zantac cancer bellwether trial overview: 

• Who: A Florida court is narrowing down 130,000 personal injury claimants to form a Class of plaintiffs for a bellwether trial related to the heartburn drug Zantac.
• Why: The bellwether trial will face allegations against major pharmaceutical brands and businesses that manufactured and sold Zantac.
• Where: The bellwether trial is scheduled to take place in Florida federal court.

(Oct 28, 2021)

Plaintiffs involved in multi district litigation over alleged links between Zantac and various types of cancer are being considered for a future bellwether trial regarding the heartburn drug. 

A pool of more than 130,000 personal injury claimants are being considered as potential plaintiffs for the trial targeted to begin sometime in 2023, reports Law360.

Major pharmaceutical brands including Sanofi, Pfizer Inc., Boehringer Ingelheim Pharmaceuticals Inc., and GlaxoSmithKline LLC are facing allegations of failure to warn and false advertising, among other things. 

The allegations are related to the alleged discovery that Zantac contains a cancer-causing chemical called nitrosodimethylamine (NDMA). 

Drug manufacturers previously attempted to escape charges from a medical monitoring Class, however, a court ruled earlier this month that they could face damages from plaintiffs who were not diagnosed with cancer but are seeking damages for the potential medical care they may need down the line. 

The court has decided to limit the plaintiffs for the bellwether trial to those that reside in Florida, in order to keep from the court having to sign out-of-state waivers or have their subpoena powers challenged, reports Law360. 

Zantac lawsuits lodged by 130K, allege links to 10 types of cancer

The 130,000 personal injury claimants being considered for the bellwether trial have been diagnosed with a combined 10 different types of cancer that they blame on their Zantac usage. 

Of the claimants who certify their complaints within the MDL, 6 percent will be randomly chosen in each cancer category to form the plaintiff “initial discovery pool,” reports Law360. If there are not  25 claimants picked for a category, 25 percent of claimants from within each category will be randomly chosen. 

Once a “final discovery pool” has been set the court will decide what cancer claims will be allowed to proceed. The expectation is for that ruling to happen in either the fall or summer of next year. 

To see if you qualify to join a Zantac cancer class action lawsuit investigation click here (links to paid attorney advertisement). 

The plaintiffs are represented Monday by Adam Pulaski of Pulaski Kherkher PLLC and Mikal C. Watts of Watts Guerra Law Firm.

The Zantac Cancer MDK is In re: Zantac (Ranitidine) Products Liability Litigation, Case No. 9:20-md-02924, in the U.S. District Court for the Southern District of Florida.

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