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Zantac Lawsuits Will Target These Cancers

On January 8, 2021, lawyers representing those who've been injured by the drug Zantac filed a document in the United States District Court, Southern District of Florida where the MDL (multidistrict litigation) will be tried.  The lawyers note that they will present expert testimony in the upcoming Daubert hearings to show that these particular cancers have been linked to use of Zantac and other ranitidine products which contain the cancer causing carcinogen NDMA. 

The cancers listed in the January 8th document submitted to the Court include the following:  bladder, breast, colorectal/intestinal, esophageal, gastric, kidney, liver, lung, pancreatic, and prostate cancer.

The Daubert standard is the set of criteria used to determine the admissibility of expert witness testimony in federal court. Under the Daubert standard, the trial judge serves as the gatekeeper who determines whether an expert’s evidence is deemed reputable and relevant. As such, trial judges employ a Daubert test to assess whether an expert witness’ testimony is 1) based on scientifically valid reasoning and 2) whether it has been properly applied to the facts at issue. Failure to comply with the Daubert standard can result in exclusion of an expert’s testimony.

This standard comes from the Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U.S. 579 (1993).

Under the Daubert standard, the factors that may be considered in determining whether the methodology is valid are: (1) whether the theory or technique in question can be and has been tested; (2) whether it has been subjected to peer review and publication; (3) its known or potential error rate; (4)the existence and maintenance of standards controlling its operation; and (5) whether it has attracted widespread acceptance within a relevant scientific community.

The Daubert standard is the test currently used in the federal courts and some state courts.  In the federal court system, it replaced the Frye standard, which is still used in some states.  

In the final analysis, this testimony will prove crucial in terms of the outcome of the thousands of Zantac lawsuits already filed in the MDL as well as shed light on the nature and scope of the dangers continued use of Zantac has had on consumers.