Aug 7 (Reuters) - The third trial over claims that
discontinued heartburn drug Zantac ended in a mistrial on
Wednesday when jurors could not agree about whether
pharmaceutical company Boehringer Ingelheim was responsible for
an Illinois man's cancer, according to the plaintiff's lawyer.
Martin Gross alleged in his lawsuit in state court in
Chicago that he developed prostate cancer from a carcinogenic
contaminant called NDMA found in the drug. The mistrial means
that he can take his case to trial again.
Boehringer Ingelheim said in a statement that it was
"disappointed" that the jury had not reached a verdict and that
"the totality of the scientific evidence" supports "only one
conclusion: Zantac does not cause any type of cancer."
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. It was sold at different times
by Boehringer Ingelheim, GSK, Pfizer ( PFE ) and Sanofi
, all of which have faced thousands of lawsuits.
Two such cases previously went to trial, both ending in
verdicts for the defense - one for Boehringer Ingelheim and GSK
in May, and the other for GSK on Monday.
Sanofi has agreed to settle about 4,000 cases against it,
while Pfizer ( PFE ) has reportedly agreed to settle more than 10,000.
The companies have also settled some individual cases before
trial.
The majority of the lawsuits are in Delaware state court,
where a judge in June allowed more than 70,000 cases to go
forward after rejecting the defendants' bid to keep key
plaintiffs' expert witnesses out of court on the grounds that
their scientific methods were not reliable. The companies are
appealing that ruling.
The litigation began after the U.S. Food and Drug
Administration in 2020 asked manufacturers to pull the drug off
the market over concerns that ranitidine, the active ingredient
in Zantac and generic versions of the drug, could degrade into
NDMA over time or when exposed to heat.
The drugmakers have said the cases are meritless. They won a
significant victory in 2022, when a Florida federal judge ruled
against about 50,000 cases, finding that the alleged cancer link
was not supported by sound science. Some of those cases are
being appealed.