06:48 AM EDT, 06/11/2024 (MT Newswires) -- GSK (GSK) said Monday it started the appeal process of a recent ruling by the Delaware Superior Court to allow plaintiff expert testimony in the litigation related to the heartburn drug Zantac.
Earlier this month, a Delaware judge allowed more than 70,000 lawsuits claiming that Zantac causes cancer to go forward, allowing expert witnesses can testify in court, which GSK contests, Reuters reported at the time.
GSK filed an application with Delaware Supreme Court for an interlocutory review, claiming the Delaware Superior Court's ruling deviates from previous applications of the Daubert standard in both Delaware and federal courts, arguing that the alleged inconsistency could have "profound implications for all companies and businesses incorporated in Delaware."
If the application for appeal is granted, the Delaware Supreme Court will review the case. If denied, GSK and the other defendants including Pfizer ( PFE ) , Sanofi, and Boehringer Ingelheim plan to seek leave to appeal directly to the Delaware Supreme Court.
Meanwhile, GSK in a separate statement said it welcomed the plaintiff Kasza's voluntary dismissal of the next Zantac case that was set to start trial in Illinois state court on June 10. The voluntary dismissal was not result of a settlement or monetary compensation, GSK said.
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