Albuquerque Zantac Injury LawyersLast updated on: July 1, 2022
Contact our expert Albuquerque Zantac injury lawyers today at (800) 863-5312
Heartburn is an uncomfortable condition that affects many millions of Americans every year. While its consequences are often as minor as an hour of lost sleep or some mild discomfort, some consumers of the common over-the-counter medication known as Zantac could have more serious complications from the drug itself. It was recalled in 2018 by the FDA for impurities that could potentially cause cancer. Albuquerque Zantac injury lawyers work with those who have been harmed by this drug to compensate them for their injuries.
If you yourself or someone you love took Zantac and developed cancer, speak with an Albuquerque Zantac injury lawyer to determine if you have a case. Our Zinda Law Group attorneys can provide you with a free consultation to decide your next steps. Call (800) 863-5312 to speak with one of our personal injury attorneys today.
What is Zantac?
The drug ranitidine is sold under the brand name Zantac. It is commonly used to treat several conditions related to heartburn as it blocks H2 receptors, stopping the stomach from creating excessive acid. Ranitidine has been shown to help reduce the amount of acid in the stomach, reduce ulcers, and treat gastroesophageal reflux disease (GERD).
Currently, Zantac is manufactured by the company Sanofi. Before this, it was manufactured by Pfizer from the years 2000 to 2006 in the United States. Despite this long history, researchers found that drugs containing ranitidine can also have the chemical N-nitrosodimethylamine (NDMA) in them. In many studies, this chemical has been linked to cancer in animals.
After issuing a general warning to the public in September of 2019, the FDA requested that all manufacturers recall Zantac on April1, 2020. Despite warning to stop taking the drug, consumers should not flush it into the toilet. Flushing ranitidine could cause the potential carcinogenic chemicals to enter the water supply.
Should I consider a Zantac lawsuit?
Lawsuits for medical complications arising from Zantac use fall into two separate categories: negligence and strict liability. Those pursuing claims that fall under a theory of strict liability might subdivide their claims into theories of failure to warn and design defects. Speak with a lawyer to learn which claims are appropriate in your case.
Using an Albuquerque Personal Injury Lawyer to Prove Negligence
As To prove that a Zantac manufacturer is liable for your injuries under a theory of negligence, you will have to show that the defendant owed you a duty of care; that the defendant breached the duty of care; and that the defendant’s actions caused your injury. As with other consumer goods and product manufacturers, those that produce ranitidine must show an ordinary level of care in the research, design, production, testing, marketing, supply, and distribution of their drugs. If a manufacturer lacks that level of care at any step, it is possible that the manufacturer was negligent.
Not all injuries can be compensated under the law. To prevail on your claim, you will have to show that the ranitidine manufacturer directly and proximity caused your injury. If you developed cancer after taking Zantac over an extended period, you may satisfy both elements.
Proving Product Liability
Manufacturers of commercial products are often liable for these goods under theories of product liability, which usually fall under a strict liability scheme. This means that, regardless of the level of negligence or recklessness that the manufacturer showed, it is liable for your injuries. Strict liability recognizes three separate kinds of products liability: marketing defects, design defects, and manufacturing defects.
Marketing defects refer to issues surrounding the product’s instructions for use, labelling, and safety warnings. Design defects include products that were poorly designed and should have been safer to use. Manufacturing defects include production issues that made the product unsafe to use.
For you to prove your strict liability claim, you must meet the following elements:
- The defendant sells Zantac.
- The defendant is or was Zantac’s commercial seller.
- You suffered an injury (most likely cancer).
- When the defendant sold Zantac, the product was defective.
- The defect actually and proximately caused your injury.
Read More: Albuquerque Product Liability Lawyers
Are there any examples of Zantac lawsuits?
Lawsuits against Zantac manufacturers became more commonplace after two high-profile cases showed the possibility of holding these manufacturers liable for cancer diagnoses in Zantac users. While the cases have not resolved in 2022, they have provided an outline for subsequent Zantac victims. These two cases are Galimidi v. Sanofi and Blake v. Boehringer Ingelheim Pharmaceuticals.
Galimidi v. Sanofi
Since 2009, Joseph Galimidi had taken Zantac to treat his frequent heartburn and acid reflux issues. After taking Zantac, he developed breast cancer, which is extremely rare for men. He claimed, among other things, that Sanofi, the manufacturer of Zantac, was negligent and strictly liable for his medical injuries.
Blake v. Boehringer Ingelheim Pharmaceuticals
Mark Allan Blake developed bladder cancer in 2018 after having taken Zantac, both the over-the-counter variety and prescription Zantac, since 1996. He claimed in his lawsuit that the manufacturer should have warned him of the dangers of Zantac and that the product was designed defectively. He argued that the manufacturer should be held strictly liable for these failures and that it owed him compensation for his injuries.
What are the cancers caused by Zantac?
Zantac has been associated with an increased risk of certain cancers, specifically thyroid, bladder, breast, and prostate cancer. Theories of negligence and product liability both require you to show that you were injured by the manufacturer of Zantac. You can use a cancer diagnosis after having taken Zantac for several years as evidence of your injury in court.
Should you contact an Albuquerque personal injury lawyer?
An attorney will help you understand your chances of receiving compensation. If you took Zantac and the manufacturer did not adequately inform you of the risks, there is a chance you can be compensated. A lawyer will talk you through the legal process and your next steps.
Beginning Your Lawsuit
If your lawyer determines that a lawsuit is the correct course of action, the first step is filing a claim. Speak with your attorney and do the research to determine which company manufactured the ranitidine drug or drugs that caused your injuries. This will help you identify the correct defendant or defendants for you to file your claim against.
When filing your claim, you will need to identify the correct cause of action. This will likely be a claim of negligence or one of the forms of strict products liability if you are suing on your own behalf. If you are suing for a loved one who died from cancer caused by Zantac use, your claim will likely be a wrongful death lawsuit.
All states will have different statutes of limitations for certain claims. For most personal injury claims in New Mexico, that limit is three years. However, cancer injuries are treated differently under New Mexico law since they take time to develop. The clock starts running when you discovered or reasonably should have discovered that you have cancer caused by Zantac. As always, discuss your claim with your attorney to ensure that you are within the statute of limitations.
Discovery and Evidence Gathering
To prove your claim, you need evidence. Your lawyer will help you in deciding which pieces of evidence are critical to your case. Once your legal team has gathered your evidence, they exchange that with the defense attorneys, who provide their evidence as well. This is part of the process of discovery. Your lawyer will also select potential witnesses to be called at your trial, including expert witnesses like doctors.
Typically, settling out of court is a faster and cheaper way for both parties to resolve their issue. Your attorney will work against the manufacturer’s legal team to ensure that they are not able to reduce their liability for your injuries. If you can come to a settlement agreement with the manufacturer, you can avoid a lengthy court trial.
If you cannot reach an agreement, the case may up going to court. This is much less predictable than a settlement because the jury ultimately decides the case. Juries often are unpredictable in how they will rule and in how much they will award the plaintiff. Speak with an attorney to determine whether your case should go to trial or if you should accept a settlement offer.
Read More: Albuquerque Personal Injury FAQs
What do I do if I took Zantac?
Speak with an Attorney
The first step is always to speak with an attorney, regardless of whether you’ve made a decision to file a claim. The attorney will ask you questions, such as when you started taking Zantac, how much you took, and what sort of cancer you developed, if any. Working with an attorney ensures that you file the strongest claim possible and do not waste any time or resources.
If you have spoken with an attorney and have determined that you want to go forward, gather as much evidence as you can. Anything that you can show to prove that you took Zantac for a sustained period will strengthen your case. For example, you might show Zantac prescriptions, diagnoses of the conditions you used Zantac to treat, empty bottles, and anything else that can prove your Zantac use. Individuals that only took Zantac a few times are unlikely to have developed cancer, so it’s better if you can prove frequent use.
When it comes to proving your injuries, you should document as much as you can. Name the doctors that provided you care, the dates of your medical appointments, any diagnoses or treatments, and time taken off of work due to symptoms and treatment. You do not have to do all of this alone, and your attorney will be happy to help.
What If You Took Zantac But Did Not Develop Cancer?
Even if you did not develop cancer after using Zantac, there is still a possibility that you can seek compensation. If the manufacturer did not properly warn you of the risks associated with Zantac use, you might be able to pursue compensation. Your attorney can help you determine if there is any possibility for you to join a class action Zantac lawsuit.
Compensation for injuries related to Zantac
You can pursue compensation for your injuries if you can prove all of the elements of your claim. At trial, juries determine how much compensation you are owed based on the damages that you suffered. Accordingly, in settlements, the defendant compensates you based on the amount you would likely receive at trial. There are three different types of damages in Zantac cases: economic, non-economic, and punitive.
Economic damages are the most readily calculable form of damages. They include payments that you made for medical expenses, lost wages due to time off work, and other incidental expenses. If your claim is filed on behalf of a deceased loved one, funeral expenses may also be included in this category.
Any time someone is diagnosed with cancer or another serious medical condition, there are costs that are non-financial. Usually, courts will have the defendant compensate you for these non-economic damages. Such damages can include pain and suffering or loss of companionship if you are suing on behalf of a relative who passed away.
As the name suggests, punitive damages are imposed on defendants whom courts feel need to be punished and deterred from similar behavior in the future. Courts are likely to order punitive damages in Zantac cases since the drug has affected so many people. Speak with an attorney to see if you could possibly receive punitive damages.
Zinda law group’s Albuquerque Zantac injury lawyers are here to help
Zinda Law Group is here to help you if you or a loved one was diagnosed with cancer after taking Zantac. Our legal team will help you to evaluate the strength of your claim and assert your rights, in addition to ensuring that you receive as much compensation as possible. We can help with every step of the legal process. To learn how we can assist you in your claim, book a free consultation with an expert Albuquerque attorney by calling Zinda Law Group at (800) 863-5312.
Meetings with attorneys are available by appointment only.