Case Status
Keller Rohrback filed suit in the Southern District of Florida. The cases were consolidated into the Zantac multidistrict litigation (“MDL”), which was formed on February 6, 2020. The MDL was assigned to Judge Robin L. Rosenberg. In May 2023, the Court entered summary judgment in favor of Defendants (based on its determination that the “joint” experts on causation advanced by the Plaintiffs were not admissible under a federal case called Daubert), and in September 2023 entered final judgment in favor of Defendants. On October 24, 2023, Plaintiffs filed a joint notice of appeal. Plaintiffs’ appeal is currently pending before the Eleventh Circuit Court of Appeals.
In July 2021, the Court had granted another motion to dismiss the claims of those Plaintiffs who had taken only “generic” Zantac based on United States Supreme Court precedent that generic manufacturers cannot be held liable for the products’ labels not being adequate to inform the consumer of its real risks. That decision has also been appealed to the Eleventh Circuit Court of Appeals, and is also pending.
