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Can I File a Zantac Lawsuit in 2023?

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Summary: Yes, you can still file a Zantac lawsuit if you meet certain requirements (more on this below). You may have heard that Zantac cases in federal court were dismissed in December of 2022. But the litigation is alive and well with Zantac cases continuing in several state courts, including California, Delaware, and elsewhere, filed on behalf of cancer patients across the U.S.. Wisner Baum is co-lead counsel for the first Zantac trial in California on July 24, 2023. The outcome of this case and additional trials scheduled after that will impact thousands of people with lawsuits alleging Zantac (ranitidine) caused their cancer.

What We Are Saying: “GlaxoSmithKline has known about Zantac’s carcinogenic potential for decades but chose to conceal the risk from consumers, and as a result, many thousands of people today suffer from cancer. We believe the evidence of GSK’s misconduct is undeniable, and we look forward to sharing our case with a jury in July.” – R. Brent Wisner, Zantac Lawyer

What You Can Do: If you took Zantac (generic: ranitidine) and later developed cancer, you may qualify for a lawsuit. The best way for you to determine whether you can file a Zantac lawsuit is to speak with an attorney as soon as you are able.

Information on Pursuing a Zantac Lawsuit in 2023

Why is There a Lawsuit Against Zantac?

As you may already know, Zantac (ranitidine) contains dangerously high amounts of N-Nitrosodimethylamine (NDMA)—a known carcinogen. The U.S. Food and Drug Administration (FDA), the Environmental Protection Agency (EPA), and the World Health Organization (WHO) all classify NDMA as a cancer-causing substance.

In 2019, manufacturers issued Zantac recalls after NDMA was found in ranitidine tablets at staggering levels. In 2020, the FDA issued a market withdrawal for Zantac and generic ranitidine after the agency determined the active ingredient, ranitidine, could form NDMA over time or in warmer temperatures.

Thousands of people throughout the country filed Zantac lawsuits after the FDA announcement alleging their cancer was caused by taking the heartburn medication. Many of these cases were consolidated in a federal multidistrict litigation (MDL) in Florida. But in December of 2022, the judge overseeing the Zantac MDL dismissed the cases in a 341-page order by insisting that she should have the final say on technical scientific arguments instead of a jury.

May 2023 Update on Zantac Cancer Lawsuit

The federal MDL decision was obviously a blow to the Zantac litigation. A lot of people may have thought the Zantac litigation ended after the federal judge’s decision. But this is not the case. Zantac cases are alive and well in California state court, Delaware state court, and elsewhere. These cases are filed on behalf of people from every state in the U.S.

Our firm recognized long ago that the federal MDL was not the best venue for our clients’ cases. We moved to file cases in California state court and Delaware state court prior to the devastating MDL order, which proved to be the correct decision for our clients. We did not have a single case in the federal MDL, and we are now on the leadership in both California, where there are over 5,000 cases filed, and Delaware, where there are over77,000 cases filed.

In California, cases are also consolidated in what is called a Judicial Council Coordination Proceedings (JCCP), which is similar in function to an MDL. The judge overseeing the California litigation recently issued an order that takes a different approach when compared to the federal judge that shot down Zantac cases. Judge Evelio Grillo for the Superior Court of Alameda County denied, for the most part, efforts by lawyers for Zantac manufacturer GlaxoSmithKline (GSK) to exclude the plaintiff’s experts. “The jury has the responsibility for resolving conflicts between (admissible) competing expert opinions,” Grillo wrote. This decision effectively greenlights the first Zantac case (James Goetz v. GlaxoSmithKline, LLC) to go to trial in July of 2023.

“The California court order validates what we have been saying for years—that the evidence needs to be shown to a jury,” said R. Brent Wisner, one of Goetz’s attorneys. Wisner, who is managing partner and lead trial attorney at Wisner Baum, will co-try the first Zantac trial with attorney Jennifer Moore of the Moore Law Group.

Mr. Goetz, a southern California resident, used Zantac for more than 20 years and was diagnosed with bladder cancer in 2017. Since his diagnosis, he has undergone numerous medical interventions, including having his bladder, prostate, and 20 feet of his intestines removed.

In 2019 after the recall announcements, our firm tested Zantac tablets belonging to Mr. Goetz. The testing revealed that one pill contained more than 30 times the amount of NDMA that the FDA allows in medications.

Following the Goetz case, several other bellwether trials in California state court will follow in 2023 and 2024. The outcome of these cases will have a significant impact on tens of thousands of state court cases in California and elsewhere.

If you believe you believe Zantac caused your cancer, we strongly urge you to speak with an attorney as soon as you are able to ensure your legal rights are protected. Zantac lawsuits are governed by a statute of limitations, which could affect your ability to qualify. We will discuss this and other requirements for Zantac eligibility below.

Zantac Lawsuit Eligibility (UPDATED 2023)

Despite the 2022 order in the federal Zantac MDL, you can still file a Zantac lawsuit if you meet certain criteria, which we will cover below. At Wisner Baum, we are unable to take on cases that have already been filed within the federal MDL in Florida. Please understand that the criteria for Zantac lawsuit eligibility could change at any time.

Zantac Lawsuit - Cancer List

Our firm is accepting the following Zantac cancer cases:

  • Bladder cancer
  • Breast cancer
  • Colorectal/Colon cancer
  • Gastric/Stomach cancer
  • Liver cancer
  • Lung cancer
  • Pancreatic cancer
  • Prostate cancer
  • Esophageal cancer

One thing to note: the cancers listed above are different than the cancers that were accepted in the federal Zantac MDL. The qualifying cancers in the Zantac MDL were bladder cancer, gastric/stomach cancer, esophageal cancer, liver cancer, and pancreatic cancer. Our firm has received dozens of calls from people who were told their cancer was ineligible because it was not one of the five in the MDL. The bottom line is this: if your cancer is on the list above, you may qualify for a Zantac lawsuit if you meet certain requirements detailed below.

How to Prove Zantac Case

Generally speaking, if you developed any of the cancers above after taking Zantac (ranitidine), you must also meet the following criteria to be eligible for a lawsuit.

For a typical Zantac case*, this is the exposure and duration to qualify:

- Minimum of 300 mg / week for at least one year.

- At least one year from first ranitidine exposure and cancer diagnosis.

- No more than 10 years since last ranitidine and cancer diagnosis.

- Statute of limitations intact.

Now that you know what the exposure criteria is, below we detail what will be helpful to have when you talk with a Zantac lawyer about your case:

Do I Need Receipts?

Not necessarily, though if you do, it will help. While physical receipts of Zantac purchases may seem like essential evidence for your lawsuit, they are not required for you to retain a Zantac attorney. If you bought Zantac off the shelf or over the counter at a drug store or a grocery store, your legal team can validate your purchase through the vendor. Retailers like Safeway, Costco, CVS, Walmart and others maintain sales records in a database for at least three years, if not longer.

What About Doctor Prescription?

If your doctor prescribed Zantac, that prescription will likely show up in your medical records. Doctors typically retain patient records going back 10 years or more. If you took prescription Zantac years ago (brand name Zantac stopped being prescribed in 2009) you can help facilitate your claim by contacting the doctor’s office that issued the prescription to try and retain a copy of the script.

Will the Pharmacy Have a Record of My Zantac Purchases?

While a doctor’s prescription certainly proves a link to Zantac, it does not necessarily prove you followed through on a purchase at the pharmacy. To verify the transaction, you or your legal team can contact the pharmacy that supplied your medication. Like doctor’s offices, all pharmacies are required to maintain prescription records for 10 years before disposing of them.

What About Generic Ranitidine?

If you purchased generic ranitidine or were prescribed store-brand ranitidine, those records may be used for your claim as well. You or your legal team may be able to obtain these records in the same manner via the retailer, your doctor’s office, or pharmacy records.

Be Advised: As of May 2023, generic-only Zantac cases are limited to a select few states. The best way to determine your Zantac lawsuit eligibility is to contact an attorney as soon as you are able.

*Some exclusions may apply, and the criteria could change at any time in accordance with court decisions. The best way to determine your eligibility is to speak with a Zantac lawyer as soon as you are able.

What is My Zantac Case Worth?

The upcoming Zantac trial in July will be informative for claimants in the California litigation. Generally speaking, your compensation will depend on a variety of things, including your medical expenses, future medical bills, loss of income, future loss of income, pain and suffering, punitive damages (if applicable), and more. Those who have lost a family member due to a Zantac-related illness may be eligible for a wrongful death claim, which includes additional claims for damages. As you can see, these cases may bring significant compensation.

When Will Zantac Lawsuit be Settled?

Several cases have culminated in Zantac settlement agreements. In August of 2022, three generic ranitidine manufacturers agreed to a $500,000 settlement roughly a week before the first Zantac case was scheduled to begin trial. The plaintiff alleged that generic Zantac caused him to develop esophageal cancer. At least one other case has culminated in confidential settlement agreements with Zantac defendants.

While we understand that people are curious about settlement information, our firm is focused on winning cases at trial and sending a message to GlaxoSmithKline, the original developer of Zantac, that concealing the known risks associated with a drug comes with significant consequences, just like we did with our Roundup cancer trials against Monsanto. We believe that once juries see the evidence supporting our allegations, they will agree that Zantac causes cancer, and award significant damages. Jury verdicts in favor of the plaintiffs will only add more pressure to settle the litigation.

You can keep track of the ongoing trials by following our Zantac Trial Schedule.

Talk to a Zantac Lawyer Today About Filing a Case

If you or a family member were diagnosed with any of the cancers listed above after using Zantac (ranitidine), the skilled attorneys at Wisner Baum may be able to pursue justice on your behalf. Our team has a proven track record of success against big pharma and other major corporations. We are committed to earning maximum compensation for our clients and protecting consumers from drug companies who put profit over human health.

Call (855) 948-5098 or submit an online form to get your free consultation with a Zantac lawyer.


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