Boehringer Ingelheim Encountering Second Hung Jury in Chicago Zantac Trial, Reports Reuters

By Brendan Pierson

The recent trial regarding claims that the discontinued heartburn medication Zantac causes cancer concluded on Wednesday with a hung jury in Chicago. Jurors were unable to reach an agreement on whether Boehringer Ingelheim should pay damages to an Illinois man who alleges that he developed prostate cancer as a result of taking the drug, as stated by the man’s attorney.

This marks the second occasion in which a jury has been unable to deliver a verdict during the ongoing legal disputes surrounding the now-defunct drug.

“We appreciate the jury’s careful consideration,” said Eric Olson, attorney for plaintiff Ronald Kimbrow, in an email. “Boehringer Ingelheim has now failed twice to prove that Zantac was safe.”

Olson indicated that the case would be retried.

“We are pleased that once again, plaintiffs have not been able to persuade another jury regarding the validity of their unfounded claims concerning Zantac,” Boehringer Ingelheim responded in a statement.

Boehringer Ingelheim was the only defendant during the trial held in Cook County Circuit Court, as Kimbrow had previously settled with other parties, including GSK, which originally developed the drug, and Pfizer.

Kimbrow, aged 73, reported taking Zantac from 1995 until 2019.

Boehringer Ingelheim, GSK, Pfizer, and Sanofi have all been involved in the sale of the brand name Zantac since its approval in 1983 and face numerous lawsuits alleging a cancer connection.

The legal battles began after the U.S. Food and Drug Administration requested manufacturers to withdraw the drug from the market in 2020 due to concerns that its active ingredient, ranitidine, could break down into NDMA, a known carcinogen, particularly when exposed to heat or over time.

Previously, three trials regarding Zantac had taken place in Illinois, resulting in two verdicts for the defense and one hung jury.

Drug manufacturers achieved a significant legal win in 2022 when a federal judge in Florida dismissed expert witnesses for approximately 50,000 cases centralized in her court, ruling that they had not employed scientifically reliable methods. Without these witnesses, the lawsuits could not proceed, although some plaintiffs are in the process of appealing.

The Delaware Supreme Court recently agreed to evaluate a motion by drugmakers to keep similar expert testimonies out of court in that state, which is currently facing over 70,000 lawsuits—most of the ongoing litigation. A lower court judge had previously declined to exclude these experts, allowing the cases to advance.

Sanofi has reportedly agreed to settle roughly 4,000 cases against it, while Pfizer is said to have settled more than 10,000 cases.