Delaware’s Zantac Decision: A Potential Shift in Mass Tort Litigation?

The Delaware Superior Court’s recent ruling permitting 75,000 lawsuits against Zantac manufacturers to proceed could shift the landscape of mass tort litigation, making Delaware a more attractive venue for such cases. Judge Vivian Medinilla ruled that it is up to juries, not judges, to resolve scientific disputes, which is a departure from a federal court decision that dismissed similar cases.

Understanding the Ruling:
Judge Medinilla allowed the lawsuits to move forward despite describing some expert testimonies as "shaky." She emphasized that Delaware law prefers juries to resolve disputes when experts disagree. This ruling contrasts sharply with a federal judge’s decision in Florida, which dismissed 50,000 Zantac lawsuits due to insufficient credible evidence linking ranitidine, Zantac’s key ingredient, to cancer.

Impact on Mass Tort Litigation:
This decision highlights a "widening gap" between state and federal court approaches to expert testimony in mass tort cases. The ruling may encourage plaintiffs’ lawyers to file lawsuits in Delaware, leveraging its jurisdiction over many U.S. companies. This could make Delaware a strategic venue for mass tort litigation, as companies headquartered there cannot easily remove cases to federal court.

Implications for Policyholders:
If upheld on appeal, this ruling could lead to an influx of mass tort cases in Delaware, potentially burdening its court system and influencing corporate decisions on incorporation. Defendants argue that this could deter companies from operating in Delaware, but plaintiffs’ lawyers see it as an opportunity for fairer trials.

Future Considerations:
Plaintiffs’ attorneys must carefully consider forum selection at the outset of mass tort cases. Delaware’s approach may offer a more favorable environment for surviving Daubert challenges to scientific evidence. The outcome of this litigation could significantly influence the strategy and landscape of mass tort cases in the U.S.