July 1 (Reuters) - A Delaware judge rebuffed a request
by GSK and other drugmakers to appeal a ruling allowing
more than 70,000 lawsuits claiming that the heartburn drug
Zantac caused cancer to go forward.
The ruling by Judge Vivian Medinilla of the Delaware
Superior Court means that the drugmakers, which also include
Pfizer ( PFE ), Sanofi and Boehringer Ingelheim, will
have to ask the Delaware Supreme Court directly for permission
to appeal. GSK said it already submitted its appeal to that
court.
If the state high court declines to take the appeal, it will
clear the way for the Zantac lawsuits to go to trial.
"Judge Medinilla resoundingly rejected GSK, Boehringer
Ingelheim, Pfizer ( PFE ), and Sanofi's attempt to end run around the
jury system in Delaware," said Jennifer Moore, a lawyer for the
plaintiffs.
GSK in a statement said "the scientific consensus remains
that there is no consistent or reliable evidence that ranitidine
increases the risk of any cancer." Ranitidine is the active
ingredient in the now discontinued drug.
Lawsuits began piling up after the U.S. Food and Drug
Administration in 2020 asked manufacturers to pull the drug off
the market over concerns that ranitidine could degrade into a
cancer-causing chemical called NDMA over time or when exposed to
heat.
The drugmakers say Medinilla should have kept the plaintiffs
from introducing expert testimony that Zantac can cause cancer,
as a federal judge did in 2022 in about 50,000 claims
centralized in Florida.
The plaintiffs' cases depend on that testimony, and cannot
go to trial without it.
Industry groups including the U.S. Chamber of Commerce
backed the drugmakers' appeal in a filing last month, saying
letting Medinilla's ruling stand had relaxed the standards for
evidence in the traditionally business-friendly state and
threatened to turn it into "a hotbed of products-liability and
mass-tort litigation."
Medinilla wrote on Monday that she had not adopted a
different standard from the Florida federal judge, but simply
reached a different conclusion about the evidence in the case.
First approved in 1983, Zantac became the world's
best-selling medicine in 1988 and one of the first to top $1
billion in annual sales. It was originally marketed by a
forerunner of GSK and later sold successively to other
companies.
The vast majority of pending cases are in Delaware. Only one
case, against GSK and Boehringer Ingelheim in Illinois, has gone
to trial, ending in a victory for the companies last month.