Drugmakers Try to Dodge Medical Monitoring Claims in Zantac Cancer Lawsuit

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Zantac Cancer Class Action Lawsuit Overview: 

• Who: Drug manufacturers asked a judge to dismiss medical monitoring claims included in lawsuits alleging Zantac contains a cancer-causing chemical. 
• Why: Drugmakers argue that the plaintiffs did not sufficiently state what level of exposure would cause an increased cancer risk.
• Where: The litigation is being heard in Florida federal court.

Drug manufacturers asked a federal court on Monday to toss medical monitoring claims included in a series of class action lawsuits alleging consumers weren’t warned the heartburn drug Zantac could cause cancer. 

The allegations stem from a Food and Drug Administration (FDA) warning in September 2019 that trace amounts of the cancer-causing chemical N-nitrosodimethylamine (NDMA) were found in Zantac and ranitidine, a generic version of the drug, reports Law360. 

Multiple class action lawsuits were filed by consumers worried about the link between Zantac and cancer and the cases were consolidated into multidistrict litigation (MDL). 

Recently, drugmakers tried to escape demands that they should provide a medical monitoring program. Sanofi SA, Pfizer Inc., Boehringer Ingelheim Pharmaceuticals Inc. and GlaxoSmithKline PLC say that the plaintiffs failed to clearly state what level of NDMA exposure would lead to an increased cancer risk.

Jessica Meeder, a representative for the plaintiffs, argued during the Zoom hearing that the court has already acknowledged there are a variety of ways to plausibly allege how using Zantac or ranitidine would lead to an increased cancer risk and need for medical monitoring, reports Law360.

Further, Meeder claims plaintiffs have provided the court with the relevant information of how much of the medication they have taken over the years — an average of once a day for 17 years, and medical studies linking exposure of NDMA to an increased cancer risk.

“You can take a first look at bedrock medical monitoring law,” Meeder said, reports Law360. “It explains that a risk is significant if it warrants a change in the medical monitoring a reasonable physician would prescribe. So ultimately it is an issue for expert testimony, and it’s a question of fact.”

Zantac Cancer Concerns Prompt Ranitidine Recall

The FDA pulled all over-the-counter and prescription ranitidine from shelves in April 2020 after discovering NDMA in the heartburn medication. 

Plaintiffs in the class actions included in the MDL accuse the drugmakers — along with generic manufacturers, providers, retailers, distributors, and active drug ingredient makers — of failure to warn and false advertising, among other things. 

A federal judge in July dismissed claims that makers of ranitidine failed to warn consumers about dangers associated with the drug, ruling they were prevented by federal law from changing the labeling since it needs to match the Zantac version, reports Law360.

Manufacturers of over-the-counter Zantac asked the judge during the hearing to also dismiss economic loss claims, arguing they were exempt under federal law because the medicine was FDA approved. 

Were you aware Zantac and ranitidine contained the cancer-causing chemical NDMA? Let us know in the comments! 

The plaintiffs are represented by Tracy A. Finken of Anapol Weiss, Robert C. Gilbert of Kopelowitz Ostrow Ferguson Weiselberg Gilbert, Michael L. McGlamry of Pope McGlamry PC, and Adam Pulaski of Pulaski Kherkher PLLC.

The Zantac Cancer Class Action Lawsuit 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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