Zantac Cancer Suits Should Stay in Connecticut, Plaintiffs Argue
America ı By Rochdi Rais
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Boehringer Ingelheim Pharmaceuticals Inc., Boehringer Ingelheim Corp., and Boehringer Ingelheim USA Corp. joined the other drugmakers' motion to dismiss a sole plaintiff's claim in the Carrano lawsuit because it was the subject of prior Delaware litigation, according to the company.
Because Boehringer maintains its U.S. headquarters in Connecticut, it did not join the other companies' personal jurisdiction arguments.
GSK, Pfizer, and Sanofi filed similar grounds for dismissal of the Morrison action, but Boehringer did not join the motion in that case.
The plaintiffs responded by arguing that the personal jurisdiction defenses missed the mark, saying the Supreme Court expressly rejected similar arguments in Ford Motor Co. v. Montana Eighth Judicial District Court, a 2021 case, and World-Wide Volkswagen Corp. v. Woodson, a 1980 opinion.
"Defendants' argument that they did not sell the specific product they are being held liable for under innovator liability is irrelevant to personal jurisdiction" on the asserted claims, the Connecticut plaintiffs responded.
"The relevant conduct is 'the efforts of the manufacturer… to serve, directly or indirectly, the market for its products in other states,' i.e., its purposeful targeting of the forum market," they added, citing World-Wide Volkswagen.
The plaintiffs also disagreed with the companies' purported limits on innovator liability claims, saying "personal jurisdiction exists against a brand manufacturer where the plaintiffs suffered harm from a generic and sought compensation under innovator liability."
They also argued that the makers of name-brand Zantac were liable for the wording on ranitidine labels.
"They had direct control over the warning labels on those generic products," the plaintiffs argued. "As a matter of law, the generic manufacturers were bound by the brand name manufacturers' labeling decisions."
The companies' dismissal memoranda note that a judge rubbished similar cancer claims in a sprawling Florida multidistrict litigation. The breakup of the multidistrict litigation case paved the way for smaller groups of plaintiffs to sue individually.
Sanofi has repeatedly stated that "there is no reliable scientific evidence that Zantac can cause cancer."
"Sanofi believes that none of these cases should proceed to trial," the company said in a recent statement about similar litigation in Delaware. "Sanofi remains committed to its defense and to the safety of Zantac and will continue to vigorously defend itself against these claims, which the medical, scientific, and regulatory communities have extensively evaluated and have found to be without merit."
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