Nov 22 (Reuters) - A trial ended with a hung jury on
Thursday in a California man's lawsuit alleging Boehringer
Ingelheim's discontinued heartburn drug Zantac gave him bladder
cancer.
The jury in California state court was evenly divided on
whether to hold Boehringer Ingelheim liable, according to
lawyers for plaintiff John Russell. It was the third time that a
Zantac trial against the privately held German drugmaker ended
with a deadlocked jury.
Russell's lawyers, Brent Wisner and Jennifer Moore, said in
a joint statement that they "stand ready to retry this case
immediately."
"Boehringer dodged a bullet today - that won't happen
again," they said.
Boehringer Ingelheim in a statement said it was
"unfortunate" that the jury had not reached a verdict.
"However, once again, plaintiffs have failed to convince
another jury of the merits of their baseless claims regarding
Zantac," it said.
Russell accused the company, which sold Zantac from 2006 to
2017 of failing to warn that the drug's active ingredient
ranitidine could degrade into a cancer-causing substance called
NDMA.
First approved by U.S. regulators in 1983, Zantac became the
world's best-selling medicine in 1988 and one of the first to
top $1 billion in annual sales. The drug was sold at different
times by Boehringer Ingelheim, GSK, Pfizer ( PFE ) and
Sanofi.
Lawsuits against the companies began piling up in both state
and federal courts after the U.S. Food and Drug Administration
asked manufacturers in 2020 to pull Zantac off the market. The
agency cited concerns that ranitidine could degrade into NDMA, a
carcinogen, over time or when exposed to heat.
GSK last month agreed to settle about 80,000 Zantac
lawsuits, representing most of the litigation against it, for
$2.2 billion. Pfizer ( PFE ) has also agreed to settle most of the
outstanding cases against it, according to its most recent
financial statement. Sanofi in April announced that it was
settling about 4,000 cases.
Plaintiffs have not won any of the five trials that have
been held so far over Zantac. In addition to the two previous
deadlocks in cases against Boehringer Ingelheim, two trials have
ended in victories for the defense - one for GSK and Boehringer
Ingelheim, and one for GSK alone.
A majority of the remaining state court cases are in
Delaware, where a judge in June allowed plaintiffs to present
crucial expert testimony that Zantac caused cancer. The drug
companies are appealing the judge's ruling to the Delaware
Supreme Court, arguing that the expert testimony was not backed
by sound science.
The companies had successfully used that argument to get
about 50,000 lawsuits thrown out of Florida federal court in
2022. About 14,000 of those cases are being appealed.
A drug currently sold under the name Zantac 360 uses a
different active ingredient and contains no ranitidine.
(Reporting By Brendan Pierson in New York)