Court Rules Against Generic Zantac Lawsuits
There is huge news in Zantac cancer lawsuits.
In early July 2021, a federal court ruled against plaintiffs in generic Zantac lawsuits, saying that manufacturers of generic Zantac cannot face litigation alleging that their generic ranitidine causes cancer.
The ruling affects thousands of lawsuits alleging that generic versions of Zantac (ranitidine) caused cancer. However, the ruling does NOT affect lawsuits involving brand-name Zantac, or lawsuits brought by plaintiffs who used both brand-name Zantac and generic equivalents.
Why Were Generic Zantac Lawsuits Thrown Out?
In ruling against generic Zantac lawsuits, Judge Robin L. Rosenberg of the U.S. District Court for the Southern District of Florida upheld the argument of preemption, a legal concept that manufacturers are increasingly using to avoid liability for potentially dangerous drugs.
What is Preemption?
Essentially, the preemption argument is based on the idea that federal law “preempts” state law because according to the Constitution, federal law is effectively the “law of the land” when conflicting with state law. While state laws generally require drugmakers to redesign or re-label potentially defective drugs, federal law and FDA regulations does not allow this. As Rosenberg wrote in her opinion, “They [manufacturers of generic ranitidine] were not required to stop selling the products in order to comply with both federal and state law. Thus, the failure-to-warn and negligence claims are preempted.”
IMPORTANT: This ruling affects ONLY generic Zantac (generic ranitidine) cancer claims. Other lawsuits concerning brand-name Zantac can move forward, and our Zantac lawsuit attorneys continue to represent clients in these cases.
“Can I Still File a Zantac Lawsuit?”
The recent court ruling against generic Zantac lawsuits does NOT affect other brand-name Zantac lawsuits, or lawsuits in which plaintiffs used a combination of brand-name Zantac and generic ranitidine. So you may still have a claim for compensation provided you meet certain criteria.
You may qualify for a Zantac lawsuit if you took brand-name Zantac and suffered a qualifying type of cancer.
You may qualify for a Zantac lawsuit if you meet the following criteria:
- Used brand-name Zantac only
- Suffered from at least one of the following cancers:
- Bladder cancer
- Liver cancer
- Stomach cancer
- Esophageal cancer
- Pancreatic cancer
- Lung cancer
- Colorectal cancer
- Prostate cancer
- Must have used brand-name Zantac after October 1984
- Must have used brand-name Zantac for a minimum of one year
- Must have used brand-name Zantac once per week for a minimum of six months
- Must have been diagnosed with a qualifying cancer within 20 years of last dose
- Must not have been a smoker in the past 20 years if diagnosed with lung cancer
- Must be 64 years of age or younger at the time of diagnosis if diagnosed with prostate cancer
Certain other criteria may apply. For a FREE, no-obligation consultation with an experienced Zantac lawsuit attorney, please call 1-800-525-7111.
Zantac may be linked to many types of cancer. For a FREE consultation to help determine your eligibility and available legal options, call our experienced Zantac lawyers today at 1-800-525-7111.
The consultation is free and we don’t get paid unless you do. If we don’t recover compensation for you in your Zantac lawsuit, you won’t pay any attorney fees.
Call 1-800-525-7111 and let’s see how we can help.