Parties Propose Direct Filing Of Zantac Cases

Parties Propose Direct Filing Of Zantac Cases

Introduction

A proposal to allow direct filing of Zantac cases in the federal multidistrict litigation (MDL) has been brought by the parties involved in the recalled heartburn drug lawsuits.

According to a joint statement filed on March 16, the plaintiffs and defendants submitted several proposed orders along with a plan that would allow direct filing of the Zantac recall cases in the Southern District of Florida, to streamline the filing of new lawsuits.

The proposal would help avoid delays associated with transferring cases from different U.S. District Courts nationwide. In any case directly filed in the Southern District of Florida pursuant to this order, plaintiff shall identify his or her federal district of residence in which the case would have been filed otherwise. Over the completion of all applicable pretrial proceedings the cases will be transferred to identified federal district of residence unless the parties jointly advise which venue is proper.

The Zantac litigation is expected to turn out one of the largest active mass tort claims in coming years, considering the widespread use of the heartburn and acid reflux drug for decades before it was removed from the market late last year.

Public concerns about the Zantac cancer risk first emerged in September 2019, when an independent pharmacy discovered that each pill may expose users to levels of NDMA that are drastically higher than the permissible daily intake limits set by the FDA.

The online pharmacy Valisure found that some 150 mg pills contained more than 3,000,000 nanograms (ng) of NDMA, yet the daily limit deemed safe by the FDA is only 96 ng.

These problems did not arise due to any changes in the manufacturing process, but appear to be part of the inherent molecular structure of the active pharmaceutical ingredient in Zantac, ranitidine. The levels of NDMA have been found to increase in this drug when stored at high temperatures or as it breaks down inside the human body.

More than 140 product liability lawsuits and class action cases have been filed throughout the federal court system, each raising similar allegations that the active ingredient in Zantac, ranitidine, produces high levels of the known human carcinogen Nitrosodimethylamine (NDMA). The plaintiffs claim that long exposure to the chemical causes bladder cancer, kidney cancer, colorectal cancer, stomach cancer, and other forms of cancer along the digestive tract.