GSK Starts Appeal Process for Zantac Ruling

Drugmaker GSK (LON: GSK) said Tuesday that it is appealing a recent Delaware court decision that allowed certain expert testimony to be used in ongoing lawsuits over Zantac (ranitidine).

“GSK strongly disagrees with the Delaware Superior Court's ruling and has filed an application with the court to appeal to the Delaware Supreme Court,” states GSK.

The company argues that the Delaware Superior Court's ruling is inconsistent with how the Daubert standard has previously been applied in Delaware and federal courts. The standard is a procedure used by US courts to decide whether or not expert testimony should be admissible at trial.

Pfizer, Sanofi, and Boehringer Ingelheim are parties to the application. GSK has filed an application with the Delaware Supreme Court seeking an interlocutory review of the decision.

Interlocutory reviews are uncommon, but GSK believes this case justifies such a step. They argue the lower court's ruling creates inconsistencies in how the Daubert Standard is applied in Delaware. This inconsistency, they claim, could have a significant impact on all Delaware-incorporated businesses.

The court will decide whether to grant GSK's request for review. If rejected, GSK will pursue a direct appeal to the Delaware Supreme Court. A decision on the appeal is expected later this year.

GSK maintains that scientific evidence does not support claims that Zantac increases cancer risk. They point to 16 epidemiological studies involving over a million patients as evidence. The company says it remains committed to defending itself in the ongoing litigation.

The company concluded: “GSK remains committed to vigorously defending itself and managing this litigation in the best interests of the Company and its shareholders.”