If Judge Medinilla concludes that plaintiffs’ experts relied upon sound methodologies to come to their scientific conclusions, the litigation can move to trial phase.
A Daubert hearing in the Delaware Zantac litigation begins today in Wilmington before the Hon. Vivian L. Medinilla, who oversees more than 70,000 cases brought by plaintiffs who allege a potent carcinogen N-Nitrosodimethylamine (NDMA) found in the popular antacid caused their cancer.
At a Daubert hearing, legal teams present their experts to educate the court on the science underpinning their arguments. The plaintiffs must demonstrate that they have scientific evidence to back their claims that Zantac causes cancer. Judge Medinilla will evaluate whether expert witnesses relied on sound methodologies to arrive at their scientific conclusions. If Judge Medinilla decides that plaintiffs’ experts used valid methodologies, they will be permitted to testify in court and the cases can proceed to trial.
The litigation began when the U.S. Food and Drug Administration (FDA) issued a market withdrawal for Zantac (ranitidine) after independent laboratory testing found NDMA in ranitidine samples far in excess of the FDA’s daily allowable limit. Most Zantac cases were consolidated before a federal judge in Florida, who dismissed roughly 50,000 cases in 2022. The judge in the federal litigation found that the opinions of plaintiffs’ experts were not backed by sound science.
Judge Medinilla will apply the same legal standard to assess the plaintiffs’ experts, though the slate of experts in Delaware are all different than the experts in the federal litigation. Plaintiffs’ attorneys, led by R. Brent Wisner (Wisner Baum) and Jennifer Moore (Moore Law Group) are optimistic that experts will clear the legal hurdle and be allowed to testify in open court.
“We’re feeling confident,” says Wisner. “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.”
Many of the plaintiffs’ experts at issue in the Delaware state court litigation have already been deemed admissible in California state court, where every Zantac case slated for trial thus far has settled for confidential amounts. Wisner and Moore also co-lead the California state court litigation for Zantac cancer cases.
“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 that will participate in the Daubert hearing include:
- Boehringer Ingelheim
The case is Zantac (Ranitidine) Products Liability litigation (Civil Action No. N22C-09-101 ZAN), Delaware Superior Court. The hearing will take place January 22-24 at the Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801.
Wisner Baum Zantac Lawyers
Zantac cancer lawyers at Wisner Baum represent thousands of clients from across the nation in lawsuits against the drug’s manufacturers. We sit on the plaintiffs’ leadership in California and Delaware. Our firm, together with Moore Law Group, have negotiated multiple confidential settlements for Zantac cancer clients.
If you or a member of your family took ranitidine and later developed cancer, you may be eligible to pursue a Zantac lawsuit. Our firm represents people diagnosed with:
- Bladder cancer
- Esophageal cancer
- Gastric cancer / stomach cancer
- Liver cancer
- Pancreatic cancer
- Prostate cancer
- Breast cancer
- Lung cancer
- Colon cancer
Zantac lawsuits are governed by a strict statute of limitations, which means you only have a fixed amount of time to submit a claim. Our firm advises anyone who is considering a Zantac lawsuit to consult with an experienced lawyer as soon as possible to ensure that you are not time-barred from pursuing justice and compensation.
To speak with our legal team, please call (855) 948-5098 or fill out our free and confidential case evaluation form. Our attorneys litigate Zantac lawsuits on a contingency fee basis, which means you don’t pay unless we win your case.