June 20 (Reuters) - A bid by GSK and other
drugmakers to stop more than 70,000 lawsuits in Delaware over
discontinued heartburn drug Zantac has received the backing of
leading U.S. industry groups, including the United States
Chamber of Commerce and Pharmaceutical Research and
Manufacturers of America.
In a friend-of-the-court brief posted to the Delaware
Superior Court's docket on Thursday, the groups said that a
Delaware judge's recent ruling allowing the lawsuits to proceed
jeopardized the state's business-friendly reputation and
threatened to turn it into "a hotbed of products-liability and
mass-tort litigation."
GSK, Pfizer ( PFE ), Sanofi and Boehringer
Ingelheim, which all sold Zantac at times, had asked Judge
Vivian Medinilla to bar plaintiffs from offering expert
testimony linking Zantac to cancer, arguing that it was not
based on sound scientific methods. The plaintiffs' cases depend
on that testimony, and cannot go to trial without it.
After the judge refused, the companies petitioned her for
leave to appeal directly to the Delaware Supreme Court. The
industry groups in Thursday's filing are asking the judge to
grant that petition.
The groups, which also include the National Association of
Manufacturers and the Biotechnology Innovation Organization,
said Medinilla's ruling was at odds with a Florida federal court
that in 2022 tossed about 50,000 Zantac claims after rejecting
similar evidence as unreliable. Some plaintiffs are appealing
that ruling.
If Delaware courts adopted a more relaxed evidence standard
for mass tort cases, they said, the state would quickly become a
venue of choice for plaintiffs since many U.S. companies are
incorporated there.
The groups urged Medinilla to "consider the importance to
the business community of clarity, consistency and
predictability in Delaware jurisprudence on expert testimony."
A lawyer for the plaintiffs did not immediately respond to a
request for comment.
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.
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 its active ingredient, ranitidine,
could degrade into a cancer-causing chemical called NDMA over
time or when exposed to heat.
The drugmakers have maintained there is no evidence Zantac
exposes users to harmful NDMA levels or causes cancer.
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.