What’s The Ford Decision and What Does It Mean for Zantac Lawsuits?
How could a lawsuit against an automobile manufacturer help people who file Zantac lawsuits? The decision may give new life to the claims against brand-name makers, even if the individuals took a generic version of Zantac.
What is The Ford Decision?
The “Ford Decision” refers to a United States Supreme Court ruling in the case of Ford Motor Co vs. Montana Eighth Judicial District.
The parties argued whether the state courts had jurisdiction over product liability claims against Ford. The claims filed by state residents alleged Ford was liable for defective vehicles even though the company did not directly sell the vehicles.
The Supreme Court ruled that the state courts in Minnesota and Montana had jurisdiction over the product liability claims. Now, people who took the generic version of Zantac are using the decision in the Ford case. They argue that their negligent misrepresentation claims against Zantac under Massachusetts and California laws should stand in light of the Ford decision.
Why is it Important for Claims to Proceed Under California and Massachusetts State Laws?
Both states have innovator liability laws. These laws allow individuals to file claims against the originator of a drug if they were harmed by taking a generic version of the drug. For example, individuals allege that Zantac misrepresented the drug’s risk on drug labels. The Supreme Courts in Massachusetts and California both allowed the claims.
However, the judge overseeing the Zantac MDL dismissed the innovator liability claims stating the state courts did not have jurisdiction. The judge allowed the plaintiffs to amend their complaints to add allegations linking their claims to the marketing activities by the brand-name drug manufacturer within Massachusetts and California. The defendants moved to dismiss the amended innovator liability claims.
The brand name makers allege they had no role in the generic version of the drug in California, Massachusetts, or any other state. They also allege that states should not be allowed to extend their state laws to out-of-state brand-name manufacturers.
The Ford decision is giving new life to the arguments by plaintiffs in the Zantac cases. The plaintiffs argue that Zantac actively promoted and marketed the brand name in Massachusetts and California. Zantac’s actions related to the plaintiffs’ claims of misrepresentation over the lack of warnings of cancer risks, even if it did not directly sell generic versions of the drug,
The courts have not heard the motions to dismiss filed by the defendants. Therefore, it is unclear whether the Ford decision will have a meaningful impact on the Zantac lawsuits.
Why is The Maker of Zantac Being Sued?
Zantac was a popular antacid heartburn medication. For decades, people took the drug to treat acid reflux and GERD (gastroesophageal reflux disease).
However, Zantac’s active ingredient ranitidine allegedly causes cancer. Ranitidine causes high levels of n-nitrosodimethylamine (NDMA) in a person’s body. NDMA is a probable human carcinogen, according to the World Health Organization and the EPA.
Individuals are suing the makers of Zantac for damages caused by using a product that contains a probable human carcinogen.
Potential cancers that might be linked to the use of Zantac or its generic forms include, but are not limited to:
- Bladder cancer
- Colon cancer
- Prostate cancer
- Stomach cancer
- Liver cancer
Individuals who have developed cancer after taking Zantac or its generic forms need to seek legal advice regarding potential product liability claims.
Compensation for Damages May Be Available for Zantac Injuries
Individuals injured because they took Zantac or its generic forms may be entitled to compensation for their damages. Each person’s case is unique, so the value of Zantac lawsuit claims may vary.
However, many victims may be entitled to receive compensation for their:
- Medical bills related to the diagnosis and treatment of cancer or other conditions caused by the use of Zantac
- Loss of income and benefits if the person could not work because of cancer or cancer treatments
- Pain and suffering experienced after receiving a cancer diagnosis and throughout the treatment for cancer
- Damages for a wrongful death, if a family member died from cancer caused by taking Zantac
Individuals need to act quickly to protect their legal right to fair compensation for damages. If you suspect that your cancer diagnosis may be related to Zantac use, contact a lawyer now. Your time to file a legal action related to Zantac injuries may be limited.
You do not want to lose your right to file a legal claim by waiting too long to talk with a lawyer. Get the FAQs about Zantac from a Zantac lawsuit lawyer.