11.06.2024 08:29:20 - dpa-AFX: GSK Initiates Appeal Process Following Delaware Daubert Decision In Zantac Litigation
LONDON (dpa-AFX) - GSK plc (GSK, GSK.L) confirmed Tuesday that it 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 noted that it 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.
According to GSK, 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, GSK said.
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.
GSK noted that 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.
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