| Read Time: 5 minutes | Dangerous Drugs

Do I Qualify for the Zantac Lawsuit?

If you previously took Zantac and developed subsequent health problems, you may be entitled to pursue legal action for compensation. Not everyone who has side effects will be eligible to bring a successful lawsuit, which is why it’s crucial to understand who actually qualifies for the Zantac lawsuit. The FDA issued a warning that Zantac and its generic form ranitidine could cause cancer in some users. If you can show a cancer diagnosis linked to ranitidine usage, you may qualify to bring a Zantac lawsuit. To learn more about pursuing a claim for damages, speak to a Zantac lawsuit attorney at Gerling Law today. Send us a message or call (888) 437-5464 today for a free, no-obligation consultation. What Is Wrong with Zantac? Zantac is both a prescription and over-the-counter medication designed to decrease the amount of acid your stomach produces. It could help with heartburn, acid reflux, and other throat, gastrointestinal, and stomach issues. However, in April 2020, the FDA announced that companies should remove Zantac and its generic version ranitidine from their shelves as they discovered unacceptable amounts of NDMA. The FDA’s permissible daily intake is listed at 96 nanograms. However, routine testing by the online pharmacy Valisure discovered levels exceeding three million nanograms per tablet. NDMA In Zantac NDMA is the chemical N-nitrosodimethylamine, which is an environmental contaminant. Low levels of NDMA are found in some foods and water. At minimal levels, there is no expectation that your risk for cancer will increase. However, higher levels of exposure could increase your risk of cancer. Numerous studies have shown a link between NMDA and cancer in both animals and humans. It’s been known to cause cancer in animals and is probably carcinogenic to humans. It’s also the same carcinogen that led to a recall of the blood pressure drug Valsartan in 2018. Some studies on NDMA date back 40 years, and evidence suggests that manufacturers concealed the fact that there’s a potential link to cancer. By hiding this fact, companies like Sanofi and Boehringer Ingelheim profited significantly. Zantac was one of the first drugs to generate one billion dollars in sales. There are multiple theories on what causes NDMA to become carcinogenic in products like Zantac. There is a possibility that ranitidine’s inherent instability results in a chemical reaction that creates high levels of NDMA in your digestive tract. When nitrates are present, the chances increase. The FDA says NDMA is found in Zantac. Storing it at a temperature higher than room temperature could result in even higher NDMA levels. What Type of Cancer Does Zantac Cause? Research into the link between NDMA and cancer is ongoing. Some types of cancer that could result from NDMA exposure in ranitidine include: Stomach cancer, Esophageal cancer, Colorectal cancer, Bladder cancer, Intestinal cancer, Throat/nasal cancer, Pancreatic cancer, Liver cancer, Breast cancer, Lung cancer (non-smokers), and Prostate cancer. There could be other types of cancers related to Zantac use as well. These could include: Kidney cancer, Brain cancer, Thyroid cancer, Leukemia, Islet cell tumors, Multiple myeloma, and Non-Hodgkin’s lymphoma. If you have any of these types of cancer, it’s crucial to speak with a knowledgeable Zantac lawsuit attorney who can assist you. Who Is Suing Zantac? The initial lawsuit for Zantac was filed against Sanofi and Boehringer Ingelheim in California. The plaintiffs allege that these drug makers knew or should have known that Zantac was contaminated with a chemical with links to cancer. The plaintiffs suing Zantac are those people who developed cancer after taking ranitidine. There are already hundreds of plaintiffs, and the list is expected to grow by thousands more. There are several class-action suits, including plaintiffs who have used ranitidine but have not gotten sick. The plaintiffs in these suits are looking for reimbursement for the cost of the medication, and some are seeking equitable relief, such as medical monitoring. More manufacturers produced ranitidine tablets than just Sanofi or Boehringer. Other ranitidine products recalled in the FDA April 2020 release include: AHP (American Health Packaging)—ranitidine liquid unit dose cups and ranitidine tablets USP 150mg; Amneal (Amneal Pharmaceuticals, LLC)—ranitidine tablets 150mg and 300mg and Ranitidine syrup (Ranitidine Oral Solution, USP), 15 mg/mL; ANI (Appco Pharma LLC)—ranitidine tablets 150mg and 300mg; Apotex Corp. (Apotex Corp sold at Rite Aid, Walmart, and Walgreens)—ranitidine tablets 75mg and 150mg; Aurobindo & DG Health (Aurobindo Pharma, USA, Inc.)—ranitidine tablets and capsules 150mg; Glenmark (Glenmark Pharmaceuticals, Inc)—ranitidine tablets 150mg and 300mg.; Golden State Medical Supply, Incorporated (GSMS, Inc and Novitium Pharma LLC.)—ranitidine HCI 150mg and 300mg capsules; Lannett Company, Inc.—ranitidine syrup (ranitidine oral solution, USP) 15mg/mL; Northwind (Denton Pharma, Inc. dba Northwind Pharmaceuticals)—ranitidine tablets 150mg and 300mg; Perrigo Company PLC—ranitidine; Precision Dose (Amneal Pharmaceuticals)—ranitidine oral solution, USP 150mg/10mL; Dr. Reddy’s (Dr. Reddy’s Laboratories Ltd. sold at Kroger, Walgreens, Sam’s Club, CVS, and more)—ranitidine tablets and capsules; and Sandoz Inc.—ranitidine hydrochloride capsules 150mg and 300mg. If you still have any of these medications in your possession, keep the empty prescription bottles or other evidence that can help your lawsuit. However, you should properly destroy unused medicines following the FDA disposal guidelines. Who Actually Qualifies for the Zantac Lawsuit? To sue for Zantac-related cancer, you must meet the eligibility requirements. To start, you need to prove that you were taking Zantac. If you received a prescription for it, establishing usage is easier. If you took the over-the-counter version, it could be more challenging. You will need to gather any evidence that shows you took Zantac. Helpful evidence can include: Prescription records from your doctor; Pharmacy prescription records; Prescription bottles or packaging; and Purchase receipts. If you don’t have any of the items mentioned above, there may still be a way you can show proof. Very few people keep their bottles or receipts for medications, but you could also try to find records through the following:  Health saving accounts (HSA), Rx prescription drug cards, Health reimbursement accounts (HRA), Health flexible spending accounts (FSA), or Declarations or affidavits that you took over-the-counter Zantac. Next, you must have received a cancer...

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| Read Time: 9 minutes | Dangerous Drugs

What Kinds of Cancers Does Zantac Cause?

The popular stomach acid and heartburn medication, Zantac, has been linked to a notable increase in cancer risk. In 2020, the FDA recalled ranitidine, the generic name for Zantac and other over-the-counter stomach acid-blocking drugs. However, by that time, millions of Americans had potentially been exposed to a deadly carcinogen. Today, Zantac class action lawsuit attorneys across the country are helping victims and their families pursue justice and fair financial compensation. At Gerling Law, our Zantac lawsuit attorneys assist victims in Indiana, Illinois, Kentucky, and Nationwide. For more than 50 years, our firm has provided aggressive, highly personalized representation to injury accident victims. We believe that anyone who sustained harm due to the negligence or wrongful actions of a drug company deserves justice. You could be entitled to recover compensation for your medical treatment, lost wages, emotional trauma, and more. Contact us online or call (888) 437-5464 today for a free consultation. The Link Between Zantac and Cancer Ranitidine, used by millions of people around the world, has been sold under a variety of brand names as both a prescription and over-the-counter drug. Ranitidine in its original state is not believed to cause cancer. However, when the active ingredient of ranitidine breaks down, it releases a chemical compound known as N-nitrosodimethylamine (NDMA). NDMA is a carcinogen. Ranitidine breaks down normally over time. When exposed to heat, however, the process occurs much more quickly. Consequently, if Zantac or another ranitidine drug was stored at a temperature much beyond room temperature, or if the product was exposed to high heat, the breakdown would occur much more rapidly. N-nitrosodimethylamine is an extremely toxic substance. In addition to forming in the degradation of ranitidine, NDMA also results from the breakdown of rocket fuel components and other industrial processes. It can be found as an ingredient in some types of pesticides. The World Health Organization (WHO) published information in 2008 that identified NDMA as a known carcinogen. The WHO’s toxicological review data looked at levels of NDMA found in drinking water sources around the world. No one expected to learn that this extremely toxic substance could be sitting in their own medicine cabinet, disguised as a popular and commonly used stomach acid-reducing medication. What Is the Risk of Getting Cancer from Zantac? Initially, data indicated that cancer risks stemmed primarily from using ranitidine products that had been exposed to heat. More recent research, however, indicates that conditions within the human gastric tract could be sufficient to cause NDMA production. Research from 2016, wherein researchers monitored the levels of NDMA in the urine before and after taking ranitidine, supported this conclusion. Residual levels of the chemical increased more than 400-fold in the urine of those participants who took Zantac or another ranitidine drug. No solid data exist yet to prove how much more likely you are to develop cancer overall if you took Zantac. However, researchers believe that anyone who took a ranitidine product twice a week or more for a period of months or years could face an increased risk of getting cancer. The Types of Cancer Linked to Zantac Use Medical experts and research scientists continue to gather data on this developing problem. However, thus far, the list of cancers associated with ranitidine use continues to grow. These are some of the most common types of cancer caused by Zantac and ranitidine. Unfortunately, this list is in no way complete. It may be years or even decades before the medical and research communities can definitively list all the types of cancer that Zantac may have caused. Zantac and Breast Cancer Risk: Does Zantac Cause Breast Cancer? The link between ranitidine and breast cancer was one of the earliest discoveries about this drug. In 2008, a study examined the link between the use of histamine(2)-receptor antagonist (H(2) blocker) medications and breast cancer. Drugs falling into the H(2) blocker category include cimetidine, famotidine, and ranitidine. The study found no link between H(2) blockers and breast cancer in general. However, the link between ranitidine and breast cancer was significant. In fact, the use of ranitidine increased the risk of ductal carcinoma by 220% and of estrogen receptor-positive/progesterone receptor-positive ductal carcinoma by 240%. Despite this research having been performed in 2008, the drug manufacturers left Zantac and other ranitidine products on the market for almost 12 more years. Research also links a history of Zantac use to cases of breast cancer in men. This disease rarely strikes men. Consequently, men typically do not undergo regular breast cancer screening. Talk to your doctor if you took ranitidine and have concerns regarding Zantac-related male breast cancer. Zantac and Bladder Cancer Risk: Does Zantac Cause Bladder Cancer? For several years, researchers strongly suspected that a link between ranitidine use and bladder cancer existed. New studies have now demonstrated just how significant that risk might be. People who took the drug for three years or more faced a significantly higher risk of bladder cancer. However, even those who took Zantac for less than three years faced a 22% higher risk than people who never took the drug. Those who used it for three years or more have a 43% higher risk of developing bladder cancer. When detected early, bladder cancer treatment has a high rate of success. Learning the symptoms of bladder cancer—which include painful urination and blood in the urine—can help you better monitor your health. Talk to your doctor about what types of cancer screenings might be appropriate for you if you previously used Zantac or ranitidine drugs. Zantac and Uterine Cancer Risk: Does Zantac Cause Uterine Cancer? Uterine cancer, specifically endometrial cancer, already poses a significant risk for women in the U.S. Every year, almost 70,000 women receive a uterine cancer diagnosis. More than 12,000 American women die of uterine cancer every year. Even worse, experts estimate that the rate of uterine cancer cases is increasing by about 1% per year. This cancer is especially troubling, as it presents virtually no symptoms in the early stages. Although only observational...

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| Read Time: 4 minutes | Dangerous Drugs

Average Wrongful Death Settlement in Indianapolis?

Losing a loved one in an accident leaves their family and friends devastated. As they move through the stages of grief, they begin searching for answers and recognize the financial stresses associated with the loss of a loved one. Potential plaintiffs often ask what a wrongful death lawsuit average is when deciding if they want to pursue one. Unfortunately, there is no one average number. No two cases are exactly alike, so there is no way to compare cases to each other. The amount of compensation you can receive will depend on a number of factors. Understanding what a wrongful death claim requires and how damages are calculated can help the family decide how to proceed. Our Indiana wrongful death lawyers will explain. For immediate assistance, please don’t hesitate to send us a message or call (888) 437-5464 today for a free consultation. What is a Wrongful Death Suit? Wrongful death is a civil claim brought by the deceased’s surviving family or personal representative against the negligent party. It is completely separate from a criminal charge, with a different burden of proof. Every state defines wrongful death in its own way, but there are common elements: Duty of Care. The plaintiff must show that the defendant had a responsibility to avoid behaviors that could cause foreseeable harm to the plaintiff (the deceased);  Breach of Duty. The plaintiff must show that the defendant violated their duty of care; Causation. The defendant’s violation/breach caused the person’s death; and Damages. The deceased and their family suffered injury or damage as a result. In these situations, the family has the option to file a wrongful death lawsuit and seek compensation. What Damages Are Available in a Wrongful Death Case? A wrongful death claim covers those losses experienced by the next of kin after the deceased’s death. These can include: Loss of future inheritance, Loss of parental guidance (if they had minor children), Loss of spousal companionship (also called consortium), Loss of the decedent’s benefits such as retirement, and Loss of the decedent’s future income. Depending on your state, you may also be able to pursue a claim for losses suffered by the deceased prior to their death, such as medical expenses and pain and suffering. Your attorney can help you understand the laws that apply to you. How Are Wrongful Death Damages Calculated? Because each case is so different, it’s hard to name a number, or even a range, for damages. However, there are several factors that may affect a typical wrongful death settlement amount. Usually, the main consideration is the decedent’s status and circumstances at the time of death. Factors to consider include: Age of person at time of death; The deceased’s career, education, and earning capacity; Their state of health; Income at time of death; and The age and needs of the deceased’s legal dependents. The final amount of damages cannot be a guess. It must be supported by objective evidence, which can require expert witnesses. Because of this, it is so important to have a personal injury attorney on your side who knows how wrongful death cases work. If a case does reach a jury, the plaintiff can also ask for punitive damages. Punitive damages are intended to punish a defendant whose conduct is considered grossly negligent or intentional. Some states put a cap (limit amount) on this category. In Indiana, punitive damages are capped at the greater of three times compensatory damages or $50,000, whichever is greater. Kentucky and Illinois do not limit punitive damages. Who Can Bring an Indiana Wrongful Death Claim? Each state has its own laws stating who has the standing to bring a wrongful death claim and who can collect damages. Usually, only immediate family members like spouses, children, and parents of unmarried children can recover damages in a wrongful death suit. Often, these individuals also have standing to bring the wrongful death suit. However, many states require a deceased’s personal representative (executor, executrix, or court-appointed administrator) to bring suit on behalf of the family members. Is a Wrongful Death Settlement Taxable in Indianapolis? The IRS considers any portion of a settlement or award that is “compensatory” as non-taxable. Compensatory damages are intended to repay someone for a loss that they have already sustained and are not considered “income” for tax purposes. If the case goes to trial and a jury awards punitive damage, the result may be different. It is possible that any punitive damages in a jury award or settlement may be taxed.  How an Indiana Wrongful Death Lawyer Can Help You Navigating a wrongful death claim can be complicated and overwhelming. You may be grieving and wondering if a claim is in the family’s best interest. Sometimes insurance companies contact family members shortly after an accident and offer an amount that seems substantial. But in most cases, their offer will be significantly less than the family’s actual losses. A wrongful death claim will take an additional toll on everyone involved, so having an attorney is essential. First, they will be your advocate against the responsible party, insurance company, or opposing counsel. They know the law and how to navigate the legal system on your behalf. The loss of a loved one cannot be reclaimed through a wrongful death action. But a claim can compensate a family for emotional and economic harms so that they can begin to move forward. An experienced lawyer can help you negotiate a wrongful death settlement or represent you at trial if necessary. Suffering After the Loss of a Loved One? Did you lose a family member or loved one due to the negligent actions of another? The team at Gerling Law is incredibly sorry for your loss, and we want to help you if we can. Our Indiana wrongful death attorneys are dedicated advocates who will fight hard to get you the compensation you deserve after such a tragedy. We have successfully represented clients in Indiana, Illinois, and Kentucky in wrongful death suits and other personal injury matters...

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| Read Time: 4 minutes | Dangerous Drugs

Should I Join the Zantac Lawsuit Against Sanofi?

The drug, Zantac, manufactured and distributed by Sanofi, is the subject of a great deal of recent public scrutiny and litigation. Zantac is said to have caused cancer in thousands of Americans who took the drug. As a result, the injured parties are pushing back. With the ongoing lawsuits against Sanofi regarding the prescription medication, many people who took the drug and suffered injuries are trying to decide if they should file a claim for damages—and how they should do so. If you are one of those people, the experienced professionals at Gerling Law Injury Attorneys can help you out. One of the primary questions that we get regarding Zantac injuries is, should I join the Zantac class action lawsuit? The answer to this question depends on the circumstances of your own case and your claim for damages. Class action lawsuits have their advantages and their disadvantages. To help you put some thought into which direction you want to take your claim in a Zantac cancer lawsuit, we put together this quick guide. Among other things, we will discuss potential Zantac lawsuit payouts, the pros and cons of joining a class action, and why the Zantac cancer lawsuits exist in the first place. If you are reading this article and think you have a claim, it is crucially important that you take legal action as soon as possible. The cutoff for the class action lawsuit is September 2021, and you don’t want to miss out. What Is Wrong With Zantac? Zantac is Sanofi’s trademarked name of the drug, ranitidine. Ranitidine medications were a common treatment for heartburn for quite some time. That is until concerns over cancer started to arise. In 2020, the US Food and Drug Administration (FDA), requested that all manufacturers of ranitidine-based drugs withdraw their drugs from the market immediately. The FDA’s announcement came after an investigation into the drug and a specific contaminant contained therein. The FDA found dangerously high levels of N-Nitrosodimethylamine (NDMA), the contaminant in question, in many ranitidine products. The unacceptable NDMA levels were particularly high in medications stored above room temperature. While the NDMA levels in ranitidine drugs stored at room temperature were lower than others, they were still unacceptable concentrations. The Harmful Effects of NDMA NDMA is a known cancer-causing agent (or carcinogen). Like many other carcinogens, it is present in many food and water sources. Generally, at such low levels, consumption of NDMA does not amount to a problem. However, the levels found in Zantac were far beyond an acceptable level. As a result of the high NDMA concentrations, countless individuals have developed cancer of various kinds. If you developed cancer after taking Zantac for more than a couple of months, you likely have a legitimate claim for damages from Sanofi. Class Action Lawsuits Generally speaking, class action lawsuits are a way to streamline litigation. When many claimants file similar claims against a given party, those claims are often consolidated into a single claim. The name “class action” stems from the fact that there is a defined group of people (a class) that can join the claim. If you meet the requirements for the “class” in a given class-action suit, you can join it and recover your share of the damages you suffered. The “class” in the Sanofi Zantac class-action lawsuit is anyone who can demonstrate that they: Took Zantac for a continuous period of one year or more; and Developed one of the following types of cancer after taking the drug: Colorectal cancer, Esophageal cancer, Liver cancer, Intestine cancer, Stomach cancer, Early-onset prostate cancer, Leukemia, or Non-Hodgkin’s Lymphoma. If you meet the noted criteria but don’t see the specific type of cancer you developed in the list above, don’t worry. The provided list is not exhaustive, so other types of cancer may still meet the requirements to join the class action. Come talk to us at Gerling Law Injury Attorneys, and we will help you assess your individual situation. Pros and Cons of Class Actions Class actions have a lot of advantages, but they also have their own disadvantages. Thus, it is important to consider both options when deciding which direction you want to take your claim.  Perhaps the biggest advantage to class action lawsuits lies in their efficiency. Filing a legal claim through a class action lawsuit often costs significantly less than filing an individual civil claim. Your attorney has considerably less work to do when joining a class action claim than they do filing an individual claim for damages. Class actions, as a whole, are also more efficient in moving through the legal process than individual claims. Instead of a judge and jury having to decide 2,000 individual cases, they can judge just one case. While a class-action case will move slower than one individual claim, a class action will move through the court system faster than 2,000 individual claims. Finally, class actions offer claimants more of a guarantee of damage recovery than individual claims. This is because, in order for class action claims to move forward, they should have a fairly robust chance of success. The main drawback to class-action lawsuits is that there is little room for nuance in separating your case from the others. As a result, if you suffered severe damages, your share of the class action damages may not fully cover your damages. To this same end (and same disadvantage), when you accept compensation through a class-action lawsuit, any claim to future damages is null. If you battled cancer on and off for 10 years after taking Zantac, for example, your damages may far exceed that of a ‘typical’ class member. Thus, if you find yourself in such a situation, you may want to consider filing an individual claim. If you do, it is far more likely that your Zantac lawsuit payout will fully compensate you for your damages.   Regardless of What You Decide Whether or not you decide to join the Zantac class-action lawsuit, we at Gerling Law Injury Attorneys are...

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Manufacturer Sanofi Destroys Emails Linked To Zantac Recall

May 11, 2021 — Manufacturer Sanofi destroyed internal emails linked to a 2019 recall of Zantac, according to lawyers for over 70,000 former patients who sued the company in the U.S. The deleted emails, including those of Michael Bailey, the head of regulatory affairs for Sanofi’s U.S. Consumer Healthcare division, will make it more challenging for plaintiffs to show that Sanofi and other drugmakers allowed a suspected carcinogen to affect Zantac, according to a May 7 court filing. The mishandling of emails has “resulted in the delay and/or postponement of many key Sanofi depositions,” lawyers for former patients reported. They have requested more time to prepare for their first trials from the judge overseeing their cases, which are set to start next year. Sanofi initiated an internal probe about the email deletion and is scheduled to report to the same judge in August 2021. “Although Sanofi has already provided hundreds of thousands of pages of relevant discovery to the plaintiffs, Sanofi has voluntarily disclosed that certain emails requested by plaintiffs were not preserved as intended,” Ashleigh Koss, a U.S. spokeswoman, stated in an email Tuesday. “There was no intentional destruction of data,” she said. “Sanofi is working to obtain as much of the data as possible from alternative sources. This issue has no impact on the strong defenses Sanofi has in this litigation, and the company remains fully confident in the safety of Zantac.” Though Sanofi, GlaxoSmithKline Plc, and Boehringer Ingelheim GmbH, in addition to 33 generic drug makers, 25 retailers, and four distributors, are accused in the lawsuits of failing to properly warn users about Zantac’s health risks, only Sanofi has been accused in the filings of destroying emails. Former consumers have complained that GlaxoSmithKline Plc and Boehringer Ingelheim GmbH have been slow to give records during the pre-trial stage of the Zantac lawsuits, however.  Over 1,300 suits involving claims by more than 70,000 former Zantac users have been consolidated before U.S. District Judge Robin Rosenberg in Florida, making it one of the largest consolidations in the U.S. Rosenberg is overseeing information exchanges and early trials to test the merits of the claims against manufacturers. She has already thrown out some claims, including those saying Zantac was defectively designed.  The Zantac case is In Re Zantac (Ranitidine) Products Liability Litigation, 20-MD-2924, U.S. District Court for the Southern District of Florida (West Palm Beach). Plaintiffs’ attorneys want Rosenberg to create two class-action cases for former Zantac consumers. The first would be for cancer patients who endured economic losses linked to the medicine. The second would include those who haven’t been diagnosed with cancer and seek compensation for medical monitoring in the future. Reference:  “Sanofi Accused Of Destroying Internal Emails.” Bloomberg.com, Bloomberg, www.bloomberg.com/news/articles/2021-05-11/sanofi-accused-of-destroying-internal-emails-about-zantac-recall

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Merck & Co Accused of Mislabeling Shingles Vaccine

A judge recently ruled that pharmaceutical company Merck & Co must release its email exchanges concerning its shingles vaccine, Zostavax. More than 1,800 lawsuits filed against Merck & Co combined into a multidistrict litigation, and the plaintiffs accuse the company of changing label information on their vaccine. Plaintiffs claim this caused them severe injuries. It has yet to be announced what information plaintiffs believe Merck & Co changed on the label. The judge ruled that nearly all of the documents in question should be released. Source: Reuters

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Johnson & Johnson Sued Over Retina Damaging Drug

Multiple lawsuits are outstanding against Johnson & Johnson Pharmaceuticals and Janssen Pharmaceuticals after patients taking Elmiron developed permanent retinal injuries. Elmiron, which is used to treat interstitial cystitis,  is also known as pentosan polysulfate sodium (PPS). Individuals currently taking Elmiron should obtain an eye examination. The pharmaceutical companies have yet to release a statement on the apparent connection between the drug and maculopathy.  Source: The National Law Review

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New Research Points to Relationship Between Elmiron and Vision-Threatening Disease

Nieraj Jain, MD., recently warned opthamologists of the link between a pentosan polysulfate sodium and a vision-threatening maculopathy. The drug, currently sold under the name Elmiron by Janssen Pharmaceuticals, can cause the maculopathy to appear to be age related. Dr. Jain’s research also indicates that the longer the Elmiron is used, the more likely it is to cause a vision-impairing issue. Opthamologists should closely monitor their patients that have been using Elmiron.  Source: Ophthalmology Times

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| Read Time: 3 minutes | Dangerous Drugs

Zantac Lawsuit Attorneys for Plaintiffs Who Have Taken Ranitidine (Generic Zantac) Use Recent Supreme Court Decision To Support Their Claim

May 5, 2021 — Plaintiffs in the Zantac multidistrict litigation are utilizing the U.S. Supreme Court’s recent ruling in Ford Motor Co v. Montana Eighth District. The March 25 decision in the Ford case held that state courts in Montana and Minnesota had jurisdiction over product liability claims against Ford despite the company not directly selling the defective vehicles in the states. Ford argued that in-state residents who were affected by crashes in Montana and Minnesota were not permitted to sue in their own state courts because Ford did not design, manufacture or sell the allegedly defective vehicles there. The Supreme Court unanimously rejected Ford’s argument and ruled that, because Ford was very active in selling vehicles in the two states, Montana and Minnesota state courts had jurisdiction to hear the plaintiffs’ cases.  Justice Elena Kagan stated in the court’s majority opinion that plaintiffs only need to show a connection between their lawsuit and the defendant’s actions in their state.  Ford had argued that the plaintiffs needed to show that the defendant’s actions in their state had caused their injuries.  The decision is popular and has already been cited in 31 cases, mainly to clarify the jurisdiction issue. Zantac lawsuit lawyers for plaintiffs, specifically those who took a generic version of Zantac (ranitidine), are also seizing the opportunity to use the recent ruling to their advantage.  The plaintiffs have faced a similar jurisdictional challenge that the Ford plaintiffs battled in the states of California and Massachusetts.  They argued in a brief filed on April 23, 2021 in West Palm Beach, Florida that the “law has been entirely overruled by Ford,” referring specifically to the 11th U.S. Court of Appeals but-for rule. Both Massachusetts and California have “innovator liability” laws that allow people who have taken generic versions of a drug to claim that the drug’s originators misrepresented risks in the drug’s labels.  The supreme courts of both states allowed claims under the laws which resulted in 2017’s T.H. v. Novartis Pharmaceuticals Corp in California and 2018’s Rafferty v. Merck & Co Inc in Massachusetts. Despite those laws seeming to favor the Zantac plaintiffs, U.S. District Judge Robin Rosenberg, the judge over the Zantac MDL, dismissed the plaintiffs’ innovator liability claims in December 2020 on jurisdictional grounds.  Rosenberg cited a 2018 precedent from the 11th U.S. Circuit Court of Appeals in Waite v. All Acquisition Corp, stating that personal injury plaintiffs who are asserting specific jurisdiction are required to show that the defendant’s actions within the court’s home state directly led to the alleged injury.  The judge stated that the plaintiffs did not claim a causal link between their claims and the marketing activities in both California and Massachusetts by name-brand Zantac defendants. Judge Rosenberg allowed the plaintiffs to amend their complaint so that they could claim that the actions taken by the name-brand Zantac defendants in California and Massachusetts caused the plaintiffs to take the generic form of Zantac called ranitidine.  The new complaint explained that the marketing in the two states led to a higher demand for Zantac, and in turn caused higher sales of the generic version. On March 24, one day before the Supreme Court ruled on the Ford case, name-brand defendants Pfizer Inc, GlaxoSmithKline Plc, Sanofi SA, Boehringer Ingelheim, and Patheon NV moved to dismiss the amended claim.  They argued that they did not affect the introduction of ranitidine into the marketplace.  In the defendant’s brief, they said, “In short, while California and Massachusetts may choose to adopt their own novel tort principles governing companies based there, due process forbids them from applying those laws extraterritorially to hold the out-of-state brand-name manufacturers liable for the sales of other companies’ products.”  They continued with, “Plaintiffs’ highly attenuated theory of liability leaves them with no basis for specific jurisdiction.” The plaintiffs argued the opposite.  They claimed that the Ford decision requires plaintiffs to show that a defendant conducted business within the jurisdiction and that the plaintiff’s lawsuit relates to the defendant’s actions within the jurisdiction. The plaintiffs said that there is no doubt that name-brand defendants were involved in marketing in California and Massachusetts.  According to the plaintiffs’ application of the Ford decision, the defendants did not need to directly sell ranitidine in order to relate to the plaintiffs’ claims and hold responsibility for the failure to warn about both Zantac and ranitidine’s carcinogenic risk. Reference:  Frankel, Alison. “Zantac Generics Plaintiffs Hope SCOTUS Ford Decision Rescues Claims against Brand-Name Makers.” Reuters, Thomson Reuters, 27 Apr. 2021, www.reuters.com/article/us-otc-zantac-idUSKBN2CE2NX.

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Hundred of Cases Pending Against Drug After FDA Removes Box Warning

Although the FDA removed an amputation warning on Invokana’s box in 2020, the drug is still subject to active litigation. Although the amputation risk while taking the diabetes drug is lower than scientists initially thought, Invokana can still pose serious risks of developing Fournier’s Gangrene. Between 2013 and 2019, 21 cases of FG were reported among Invokana users. However, hundreds of Invokana-related lawsuits are pending in courts across the country. Source: Consumer Safety

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