An order entered on Monday in the the multidistrict litigation (MDL) for Zantac (Ranitidine) Products Liability has set the date that more short-form complaints can be added to the already sprawling lawsuit.
The case was filed by multiple plaintiffs against the manufacturers and retailers of the Zantac, including GlaxoSmithKline. The litigation is regarding the marketability and safety of the Zantac product. Fierce Pharma reported that there are over 100,000 plaintiffs, as of last October.
According to a law firm involved in the proceedings, Zantac was created and marketed as a histamine H 2 -receptor antagonist, where the H 2 blocker drug reduces the acid produced by stomach cells. The drug was first sold in 1983 and was a well known over the counter drug after the expiration of the patent period. However, testing of the drug disclosed that the drug contained NDMA, a well known carcinogen and it was later discovered that the dimethylamine in Zantac could readily convert into NDMA in the presence of nitrates in the stomach acid.
Due to the sheer number of potential claimants, the cases were consolidated as a multi-district litigation. An earlier order in the case permitted the filing of short form complaints to be recorded in a registry of cases to streamline the litigation process and make information available for the selection of bellweather cases and later settlement purposes. This order sets a final end date of June 30, 2022 for the registration of the short form cases for the purposes of setting up a final class of litigants.
This order will then permit the analysis of diversity in the class and may set up a certain class of litigants and defendants that will be removed from the main class in order to preserve diversity in the class.
The order also requires a review of the litigants for commonality of injuries. There is a class of cancers that are more likely to be caused by NDMA, but there are also cancers listed by the plaintiffs that are not among that class. The order requires review of these injuries and a classification of these injuries as additional proofs might be required regarding causality and relation to the litigated medication.
