Zantac - Q1 2022 Update
This litigation, like all other pharmaceutical litigation, is against the brand name manufacturers of Zantac only. It is not against the generic manufacturers for the reasons described above in the valsartan-losartan-and-irbesartan update. After 1.5 years of discovery, one hundred fifty depositions, and the review of 15 million pages of documents produced by the Defendants, this case is moving to the stage where Judge Robin Rosenberg will hear evidence regarding the scientific link between cancer and Zantac. That hearing will be on February 24, 2022.
On January 8, 2021, pursuant to Pretrial Order No. 30, Plaintiffs’ Leadership did file its initial disclosure identifying ten types of cancer for which they intended to provide general causation expert reports. That list was pared down in its November 17, 2021, filing of the amended disclosure identifying the list of eight types of cancer for which they intended to provide general causation expert reports. Then on January 25, 2022, pursuant to the Court’s directives, Plaintiffs’ Leadership filed its final disclosure of the following five types of cancer for which they have served general causation expert reports: (i) bladder; (ii) esophageal; (iii) gastric; (iv) liver; and (v) pancreatic. This one-year process of elimination is based on the scientific literature supporting the causal link between Zantac exposure and cancers.
Over the past two years, much has learned about this causal connection and how strong it is with all earlier identified cancers. The five cancers in the final designation are those with the strongest causal relationship with Zantac. Those deleted cancers have weaker links that will not pass the threshold required for that causal relationship and along with any cancers that Judge Rosenberg finds are not supported by the scientific evidence will be subject to dismissal. When Judge Rosenberg issues her Order regarding the cases that will not be prosecuted, we will let you know.
This does not mean that one of the deleted or eliminated cancers may not have been caused by Zantac. It does mean that those cases will not be part of the Plaintiff’s Leadership work and trials in the Zantac MDL.
The first bellwether trial will occur in the summer of 2023.
On January 8, 2021, pursuant to Pretrial Order No. 30, Plaintiffs’ Leadership did file its initial disclosure identifying ten types of cancer for which they intended to provide general causation expert reports. That list was pared down in its November 17, 2021, filing of the amended disclosure identifying the list of eight types of cancer for which they intended to provide general causation expert reports. Then on January 25, 2022, pursuant to the Court’s directives, Plaintiffs’ Leadership filed its final disclosure of the following five types of cancer for which they have served general causation expert reports: (i) bladder; (ii) esophageal; (iii) gastric; (iv) liver; and (v) pancreatic. This one-year process of elimination is based on the scientific literature supporting the causal link between Zantac exposure and cancers.
Over the past two years, much has learned about this causal connection and how strong it is with all earlier identified cancers. The five cancers in the final designation are those with the strongest causal relationship with Zantac. Those deleted cancers have weaker links that will not pass the threshold required for that causal relationship and along with any cancers that Judge Rosenberg finds are not supported by the scientific evidence will be subject to dismissal. When Judge Rosenberg issues her Order regarding the cases that will not be prosecuted, we will let you know.
This does not mean that one of the deleted or eliminated cancers may not have been caused by Zantac. It does mean that those cases will not be part of the Plaintiff’s Leadership work and trials in the Zantac MDL.
The first bellwether trial will occur in the summer of 2023.
Q4 2021 Update
This MDL is moving along. The parties met on or about July 1, 2021, to begin discussions regarding process for selection of potential bellwether personal injury cases. This past October 1, 2021, those discussions were completed, and the focus then turned to Plaintiffs’ disclosures of disciplines and specializations of general causation experts, and areas of expertise relevant to each expert’s general causation expert report. By November 1, 2021, the Defendants shall make disclosures of disciplines and specializations of general causation experts, and areas of expertise relevant to each expert’s general causation expert report.
The general causation phase will proceed for the next year, after which cases will be selected for trial and their individual case development and preparation.
The general causation phase will proceed for the next year, after which cases will be selected for trial and their individual case development and preparation.