Zantac Lawsuit Update July 2022 – Forbes Advisor

Right now there are several state lawsuits against the makers and sellers of Zantac as well as over 2,000 federal cases. The federal cases have been combined into a Multidistrict LItigation (MDL) that is moving toward a trial. This trial is expected to start in October 2022 with some of the state cases potentially starting sooner.

The MDL is different from a class action because a class action requires that the plaintiffs all have similar outcomes. The outcomes for all these plaintiffs are very different, so this case is simply combining all of them for the sake of efficiency.

The cases are all being combined in the U.S. District Court for the Southern District of Florida and are being overseen by Chief Judge K. Michael Moore.

In order to understand why they are being combined, think of some basic questions that would be asked to the makers and sellers of Zantac. When did you begin distributing Zantac? What dosages of Zantac were available?

These and other foundational questions could be asked once in an MDL or over 2,000 times in each individual case. It would be a waste of time for the defendant and could cause unreasonable delay in recovery for the plaintiff to handle all of these cases individually.

Status of Zantac Lawsuits

The MDL is expected to go to trial later this year after nearly four years of pretrial activity. The case is in the discovery phase, which is the part of a case when both sides can gather information from the other.

The plaintiff’s attorneys in the MDL suspect that one defendant, the current Zantac distributor in the U.S., Sanofi, is deleting emails in violation of a discovery order. Based on this suspicion (which Sanofi denies), they have asked the judge to let them join a deposition in an Illinois state case on the same issues. In that case, a Sanofi employee with knowledge of the emails is being deposed.

The judge has granted the request and the plaintiffs will be allowed to join the deposition for one hour. The deposition will occur later this summer.

The judge has also recently stated that no cancer-specific claims have been dismissed from the lawsuit and is allowing any plaintiffs with any type of cancer to remain as parties.

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