Connecticut state court litigation can move ahead for two groups of plaintiffs alleging that Zantac causes cancer and suing GlaxoSmithKline LLC (GSK), Pfizer Inc., and Sanofi-Aventis US LLC. Connecticut Superior Court Judge W. Glen Pierson issued the ruling today, denying motions by drug makers to dismiss cases against them in Connecticut and finding that the companies could be sued under state law.
Zantac Cases Face Jurisdictional Battle
The suits are based on claims that the heartburn drug Zantac and its generic, ranitidine convert to a probable carcinogen, N-nitrosodimethylamine (NDMA). The plaintiffs say the companies should have issued safety warnings about the drug and its generic versions, accusing Zantac of causing cancer.
Judge Pierson issued a ruling that allowed GSK and Pfizer — both registered as foreign corporations in Connecticut — to be sued within the state for conduct associated with doing business inside the state. Connecticut law has for years held that by registering as businesses, outside firms agree to submit to our local jurisdiction, he said. The judge also referenced the recent U.S. Supreme Court ruling in Mallory v Norfolk Southern Railway decision, which supported his determination that companies could be held accountable under Connecticut law .
Innovator liability and the tide— filled waters of jurisdiction.
While GSK and Pfizer are state-registered entities, Sanofi was in contrast jurisdiction-based. Although Sanofi is not registered to do business in Connecticut, Judge Pierson held that its ongoing conduct established jurisdiction because an entity need only purposefully avail itself of the privilege doing simple running accounting better fulfill commission salesforce. The judge found, too, that Connecticut courts had an interest in regulating companies with substantial business contacts within the state.
