June 1 (Reuters) - A Delaware judge has allowed more
than 70,000 lawsuits over discontinued heartburn drug Zantac to
go forward, ruling that expert witnesses can testify in court
that the drug may cause cancer.
The ruling on Friday by Judge Vivian Medinilla of the
Delaware Superior Court in Wilmington is a setback for former
Zantac makers GSK, Pfizer ( PFE ), Sanofi and
Boehringer Ingelheim, which had argued that the expert
witnesses' opinions lacked scientific support.
Medinilla wrote that the strength of each sides' scientific
arguments should be decided by juries.
"Delaware courts are loath to step into the heart of
technical debate between opposing scientists," she said.
"This moves us one step closer to justice for our clients,"
Brent Wisner, one of the plaintiffs' lead lawyers, said in a
statement on Saturday.
GSK, Pfizer ( PFE ) and Sanofi said in separate statements that they
disagreed with the decision and would appeal. They said there
was no reliable evidence showing Zantac caused cancer. A
spokesperson for Boehringer Ingelheim did not immediately
respond to a request for comment.
In 2019, some manufacturers and pharmacies halted Zantac
sales after a chemical called NDMA, which is known to cause
cancer, was detected in some pills. Some tests showed that
Zantac's active ingredient, ranitidine, could degrade into NDMA
over time or when exposed to heat.
Lawsuits began piling up from people who said they developed
cancer after taking Zantac. Plaintiffs said the companies knew,
or should have known, that ranitidine posed a cancer risk and
that they failed to warn consumers.
The U.S. Food and Drug Administration asked manufacturers to
pull the drug off the market in 2020. The drugmakers have
maintained that there is no evidence Zantac exposed users to
harmful levels of NDMA.
Medinilla is presiding over the majority of nearly 80,000
cases still pending in the United States over Zantac, which was
once the world's top-selling drug.
In addition to the cases in Delaware, the drugmakers are
facing about 4,000 claims in California state court and about
2,000 in various other state courts around the country.
Last month a jury in Chicago rejected an Illinois woman's
claim that Zantac caused her colon cancer, handing GSK and
Boehringer Ingelheim a victory in the first case to go to trial.
The drugmakers notched a significant win in 2022, when
another judge dismissed about 50,000 lawsuits making similar
claims that had been consolidated in federal court in Florida.
That judge concluded that the opinions of the plaintiffs'
expert witnesses that Zantac can cause cancer were not supported
by sound science. Plaintiffs are appealing that ruling, which
concerns different experts from those in the Delaware case.
1988 and one of the first-ever drugs to top $1 billion
in annual sales. Originally marketed by a forerunner of GSK, it
was later sold successively to Pfizer ( PFE ), Boehringer and finally
to Sanofi.