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Generic Zantac Producers Are Asking For Millions From Zantac MDL Plaintiffs

The situation regarding generic Zantac manufacturers has escalated and could deter others from filing suit

Tuesday, September 21, 2021 - More than a year into the legal proceedings surrounding Zantac cancer lawsuits, the world seems more interested in the makers of generic Zantac that are not being sued. The legal community is buzzing about a potentially precedent-setting situation that is developing in the heartburn medicine cancer multidistrict litigation (MDL). A couple of months ago, U.S. District Judge Robin Rosenberg ruled that plaintiffs suing Sanofi and other brand name manufacturers of the heartburn and acid reflux medicine could not include generic manufacturers in their lawsuits. The judge ruled that the lawsuits were preempted by federal drug labeling regulations, according to an article in Reuters the other day . As a result, plaintiffs suing Sanofi could be forced to pay the legal expenses of the generic companies who had to defend themselves, and the costs could run into the millions of dollars. "In August, drugmakers including Apotex Inc, Sandoz International GmbH and Teva Pharmaceutical Industries Ltd advised the judge that they intended to move for plaintiffs to pay some of their costs under Rule 54 of the Federal Rules of Civil Procedure and Section 1920 of Title 28 of the U.S. Code," according to Reuters. The special consideration that has outraged plaintiff attorneys in the case is that the generic drug manufacturers are asking for "joint-and-several liability," which would leave each plaintiff responsible for the total cost. The concept of joint and several liabilities states that if one of the parties cannot pay, the others must pay more than their original share. Based on previous cases involving Nexium and Lipitor, granting joint and several liability, however, is unlikely. Plaintiffs attorneys are not only concerned for the costs that their plaintiffs could be responsible for, but also for the effect the judge's decision could have to prevent others that have developed cancer allegedly from taking Zantac from coming forward. Several law firms are representing about 1000 plaintiffs in the Zantac ranitidine cancer MDL. If cases drop out of the MDL for fear of liability, those that remain would be left to foot the bill in total.

Each detail of the Zantac litigation is magnified due to the case's potential to become the largest mass-tort lawsuit in history. More than 15 million people were taking Zantac when on April 1, 2020, the FDA recalled all forms of ranitidine. The recall was in response to online prescription drug testing pharmacy Valisure testing and finding highly elevated N-nitrosodimethylamine (NDMA), a known carcinogen, in each table of ranitidine they tested. Legal experts think that more than 100,000 plaintiffs with stomach, bladder, esophagus, prostate, colon and other types of cancer may come forward in the months to come and file suit. The maker of Zantac ranitidine is under federal investigation for lying to US government regulators about their knowledge of ranitidine being unstable and degrading into NDMA because of higher than normal transportation or storage temperatures.">

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OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. The Onder Law Firm has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others. The Onder Law Firm has won more than $300 million in four talcum powder ovarian cancer lawsuits in St. Louis. Law firms throughout the nation often seek its experience and expertise on complex litigation.


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