Judge denies drugmakers' appeal to dismiss Zantac cancer lawsuits

Delaware Judge Rejects Drugmakers’ Appeal in Zantac Cancer Litigation

A Delaware judge has denied a request from GSK and other pharmaceutical companies to appeal a decision that permits over 70,000 lawsuits alleging the heartburn medication Zantac caused cancer to proceed. The decision by Judge Vivian Medinilla of the Delaware Superior Court requires the drug manufacturers, which include Pfizer, Sanofi, and Boehringer Ingelheim, to seek permission directly from the Delaware Supreme Court for their appeal. GSK has already filed its appeal with the state's highest court. Should the court decline to hear the appeal, the path will be cleared for the lawsuits to go to trial.

"Judge Medinilla firmly rejected GSK, Boehringer Ingelheim, Pfizer, and Sanofi's attempt to circumvent the jury system in Delaware," commented Jennifer Moore, an attorney representing the plaintiffs. GSK maintains that "the scientific consensus remains that there is no consistent or reliable evidence that ranitidine increases the risk of any cancer." Ranitidine is the primary ingredient in Zantac, which has since been discontinued. Lawsuits began to accumulate after the U.S. Food and Drug Administration in 2020 requested the drug be removed from the market due to concerns that ranitidine could degrade into a carcinogenic chemical called NDMA over time or when exposed to heat.

The drug companies argued that Judge Medinilla should have disallowed the plaintiffs from presenting expert testimony asserting that Zantac can cause cancer, similar to a decision made by a federal judge in Florida in 2022 for approximately 50,000 cases. The plaintiffs’ claims heavily rely on this testimony, and without it, the cases cannot progress to trial. Industry groups, including the U.S. Chamber of Commerce, supported the drugmakers' appeal, warning that endorsing Medinilla’s decision could lower the evidence standards in Delaware, transforming the state into a hub for product-liability and mass tort litigation.

In her Monday ruling, Medinilla clarified that she did not adopt a different standard from the Florida federal judge but reached a distinct conclusion regarding the evidence presented. Zantac, first approved in 1983, became the best-selling drug globally in 1988 and one of the earliest to achieve over $1 billion in annual sales. Initially marketed by a predecessor of GSK, it was later sold to different companies over time. The majority of the lawsuits are filed in Delaware. To date, only one case has gone to trial, which concluded in favor of GSK and Boehringer Ingelheim in Illinois.