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January 11, 2021 – Federal MDL Judge Rosenberg of the U.S. District Court for the Southern District of Florida ruled that design defect claims filed against the manufacturers of Zantac (ranitidine) are preempted by federal law because they seek to challenge the drugs’ FDA approved formula. The judge granted the motion by Sanofi, GlaxoSmithKline, Pfizer Inc and Boehringer Ingelheim to dismiss all state economic damages claims and all claims alleging design defect. But, the judge granted plaintiffs leave to replead their design defect claims that are based on the drugs’ labeling to file narrower design defect claims, which could include labeling changes the defendants could have made without FDA approval.

The judge also dismissed state law claims seeking to recoup monetary losses from buying over-the-counter ranitidine, finding the Congress didn’t intend for any state to classify a claim as a product liability claim when the plaintiff was not personally injured.

Reference: Name Brand Drug Cos. Ax Labeling Claims In Zantac MDL.  January 12, 2021, www.law360.com/productliability/articles/1343567/name-brand-drug-cos-ax-labeling-claims-in-zantac-mdl?nl_pk=4ea5443d-d995-4317-90cc-b8209e697bbb&utm_source=newsletter&utm_medium=email&utm_campaign=productliability

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Gayle Gerling Pettinga

Born and raised in Evansville, Gayle is a respected, experienced lawyer and a valued community leader. She graduated near the top of her class at Indiana University’s prestigious Maurer School of Law. She’s practiced law with one of the largest firms in Indianapolis as well as one of the largest pharmaceutical companies in the world. And that means she knows how big law firms and big companies think and how they operate – and she will put that knowledge to work for you.

Gayle has received numerous awards and honors including Martindale-Hubbell — Peer Review Rated: AV®, American Institute of Personal Injury Attorneys 10 Best Attorneys in Indiana for Exceptional and Outstanding Client Service, and YWCA Evansville 100 Years, 100 Women Honoree, 2011.

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