Delaware Zantac Lawsuits Continue To Be Filed As GlaxoSmithKline Appeals to State Supreme Court

Drug maker is challenging a lower court ruling, which allows Zantac lawsuits in Delaware to move forward to trial over the increased risk of cancer caused by the recalled heartburn medication.

The Delaware Supreme Court has agreed to hear an interlocutory appeal filed by GlaxoSmithKline (GSK), which seeks to overturn a lower court’s ruling that cleared the way for tens of thousands of Zantac lawsuits over cancers caused by the heartburn drug to be brought before juries in the state.

The announcement that the highest court in the state will consider the appeal comes as a steady flow of new complaints continue to be filed in Delaware, where there are already more than 75,000 lawsuits pending that involve claims that Zantac caused users to develop bladder cancer, liver cancer, colon cancer, pancreatic cancer, stomach cancer and other injuries.

The litigation emerged after all versions of Zantac were recalled from the market more than four years ago, following the discovery that the active pharmaceutical ingredient in the pills, ranitidine, is inherently unstable and produces high levels of the chemical byproduct N-Nitrosodimethylamine (NDMA), which is a known human carcinogen.

Plaintiffs maintain that GSK and other drug makers knew or should have known about the Zantac cancer risks, yet failed to reformulate their products and continued to market the drug for treatment of heartburn and acid reflux for years. However, GSK is attempting to challenge the Delaware Zantac lawsuits by urging the state Supreme Court to exclude all plaintiffs’ expert witnesses from testifying under state-specific evidentiary standards.

The Zantac litigation was initially focused in the federal court system, where claims brought in U.S. District Courts nationwide were centralized before U.S. District Judge Robin L. Rosenberg for coordinated discovery and pretrial proceedings. However, before the first federal case ever reached trial, Judge Rosenberg issued a controversial ruling determining that there was not sufficiently reliable expert testimony to establish that Zantact caused any cancer diagnosis among plaintiffs.

Judge Rosenberg’s decision was based on an interpretation of the federal rules regarding the admissibility of expert testimony, resulting in the dismissal of all federal Zantac lawsuits. However, the ruling had no impact on claims that continued to be filed in various different state court systems, including Delaware, Illinois and Connecticut, where judges have already determined that different standards for the admissibility of expert witness testimony apply.

GSK Appeals Approval of Delaware Zantac Lawsuits

While a number of different drug makers have been involved in the development and sale of the drug, GSK probably faces the majority of Delaware Zantac lawsuits and has aggressively fought the litigation, while other manufacturers have already agreed to settle claims to resolve their liability.

In June 2024, Delaware Judge Vivian L. Medinilla rejected GSK’s attempt to dismiss tens of thousands of Zantac lawsuits filed in the state, finding that the challenged expert witness testimony was sufficiently reliable to allow a jury to consider the case.

GSK filed a petition to the Supreme Court of Delaware, seeking certification of an interlocutory appeal, which would allow the drug maker to challenge the ruling before any final judgment is entered in individual Zantac lawsuits pending in that state.

In an order (PDF) issued on August 27, Justice N. Christopher Griffiths granted the request for an immediate appeal, indicating that resolving the issue could be dispositive for nearly 75,000 Delaware Zantac lawsuits currently pending, as well as the continuing new claims that are being filed by former users diagnosed with cancer.

“GSK plc welcomes today’s decision by the Delaware Supreme Court that it will review the Delaware Superior Court’s decision allowing the introduction of plaintiffs’ expert evidence at trial,” the company wrote in a press release issued yesterday. “The scientific consensus remains that there is no consistent or reliable evidence that ranitidine increases the risk of any cancer.”

According to a schedule (PDF) issued by Delaware Supreme Court clerk Joanne K. Hastings on August 27, GSK’s opening brief must be filed by October 1, 2024, with any answers due 30 days later, and GSK’s final reply must be filed within 15 days after that.

Delaware Zantac Lawsuits Continue to Be Filed

While the parties await a ruling by the Delaware Supreme Court, plaintiffs continue to file new Zantac lawsuits in Delaware on a daily basis, each raising similar allegations that users developed cancers following long-term use of the heartburn drug.

In one complaint (PDF) filed on August 19, Thomas Theys indicates that he developed prostate cancer as a result of using Zantac for just one year, from 2004 to 2005.

In another complaint (PDF) filed the following day, Betty Jean Gross indicates that she developed esophageal cancer and prostate cancer after exposure to NDMA in Zantac, which she took from approximately 2013 until 2019.

Both complaints maintain that GSK and other makers of generic versions of Zantac, including Boehringer Ingelheim, knew about the potential risks of Zantac cancer but consciously failed to warn the medical community and patients to protect profits.