REG - GSK PLC - Statement: Zantac (ranitidine) litigation

GSKAnnouncement

11/06/2024 07:00

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RNS Number : 8786R  GSK PLC  11 June 2024

Issued: 10 June 2024, London UK

 

Statement: Zantac (ranitidine) litigation - GSK starts process for appeal of
recent Delaware Daubert decision

 

·   Delaware Superior Court's ruling inconsistent with how Daubert
standard* has previously been applied in Delaware and federal courts

·   Application has been filed seeking right of appeal to the Delaware
Supreme Court

·   GSK, Pfizer, Sanofi, and Boehringer Ingelheim are all parties to the
application

·   Scientific consensus remains that there is no consistent or reliable
evidence that ranitidine increases the risk of any cancer

 

 

GSK plc (LSE/NYSE: GSK) today confirms that the Company has taken the first
step to seek appeal of the recent Daubert ruling, made by the Delaware
Superior Court, which permits plaintiff expert testimony as part of the Zantac
(ranitidine) litigation in Delaware. 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 for interlocutory review of the decision.
Pfizer, Sanofi, and Boehringer Ingelheim are all parties to the application.

 

While interlocutory reviews are granted in exceptional circumstances, GSK
believes such circumstances are present here and that it is important to raise
these matters now to the Delaware Supreme Court.

 

The Superior Court's ruling is inconsistent with how the Daubert standard has
been applied previously in Delaware and federal courts. As such, differing
rulings interpreting how the Daubert standard is to be applied to litigation
before Delaware Courts, now exist. The Superior Court's ruling would therefore
have profound implications for all companies and businesses incorporated in
Delaware.

 

If the Delaware Superior Court grants the application for appeal, the case for
interlocutory review of the decision will proceed to the Delaware Supreme
Court for consideration.

 

If the Delaware Superior Court rejects the application, GSK and the other
defendants will seek leave to appeal directly to the Delaware Supreme Court.

 

A decision, on whether to grant interlocutory review and hear the appeal,
would be expected from the Delaware Supreme Court sometime later this year.

 

The scientific consensus remains that there is no consistent or reliable
evidence that ranitidine increases the risk of any cancer. There are 16
epidemiological studies looking at human data regarding the use of ranitidine,
including outcomes for more than 1 million patients using ranitidine,
supporting this consensus.

 

GSK remains committed to vigorously defending itself and managing this
litigation in the best interests of the Company and its shareholders.

 

Notes to Editors

* Also known as the "Daubert Test," the Daubert standard is a method used by
US courts to determine whether or not expert testimony should be admissible at
trial. This standard applies to both civil and criminal cases and can be
raised by either the defendant or plaintiff. The standard came about because
Federal Rule of Evidence 702 requires that expert testimony consists of
scientific, technical or other specialised knowledge that legitimately helps
the judge or jury understand the evidence or issues that have been raised in
the case. A Daubert ruling, issued by the court, determines whether or not the
testimony is admissible.

 

The term "Daubert Standard" comes from the United States Supreme Court case:
Daubert v Merrell Dow Pharmaceuticals Inc 509 US 579 (1993)

 

About GSK

GSK is a global biopharma company with a purpose to unite science, technology,
and talent to get ahead of disease together. Find out more at gsk.com.

 

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Cautionary statement regarding forward-looking statements
GSK cautions investors that any forward-looking statements or projections made
by GSK, including those made in this announcement, are subject to risks and
uncertainties that may cause actual results to differ materially from those
projected. Such factors include, but are not limited to, those described under
Item 3.D "Risk factors" in GSK's Annual Report on Form 20-F for 2023, and
GSK's Q1 Results for 2024.

 

 

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