Zantac Lawsuit - California Civil Code 3333.2

Posted by Raoul Severo | Aug 29, 2020 | 0 Comments

Being diagnosed with cancer is certainly the most horrific thing a person can ever experience in their life. Aside from the physical pain, you'll be missing paychecks, watch your medical bills grow exponentially, and even see your family mourn for your condition. In many unfortunate cases, the patient never truly recovers. This is not only heartbreaking but also places additional burdens on the family. Now, imagine realizing that your deadly disease apparently came from a pill that you ingested to ease your abdominal pain. 

Unfortunately, that is exactly what thousands around the globe experienced after ingesting Zantac, a treatment for stomach acidity issues. What's even more disturbing is that we might have easily avoided and spared a lot of individuals from agony. The precariousness of Zantac has long been observed and discussed among the medical and scientific community. Researchers have discovered that the placebo consists of carcinogenic contaminant N-nitrosodimethylamine (NDMA). NDMA is notorious for its cancer-triggering characteristics, but apparently, the volume of NDMA in Zantac pills is three thousand times higher than FDA's suggested amount. But since the firms that produce the drug decided to hide and ignore the findings of the experts, people are now in immense pain. For that reason, the U.S. Food and Drug Administration (FDA) advocated for the extraction of the pill from all stores. 

Fortunately, the law makes it possible for victims of the scheme to cry for justice. California Civil Code 3333.2 encompasses statutes regarding medical malpractice. As stated by the Civil Code, it is professional negligence if the healthcare worker makes a negligent act or decision that ultimately prompted a patient's untimely death, laceration, or impairment.

Zantac Class Case Lawsuit/Personal Injury Lawsuit 

With millions of individuals unknowingly intaking the cancer-triggering placebo, it is only right to hold people accountable. There are two paths you can choose from, both of which will bring justice if you have been victimized by this drug.

A person who acquired health complications succeeding their intake of Zantac has the complete jurisdiction to pursue a personal injury lawsuit against the producers of the placebo. The constitution maintains that medical malpractice is counted as a personal injury case if the healthcare provider caused injury to the patient. In this context, Sanofi and Boehringer Ingelheim knowingly put the welfare of their consumers at risk by pursuing the fabrication of Zantac. Furthermore, this will enable individuals to seek the following compensations:

  • Medical bills due to ingestion of the placebo 
  • Pain and discomfort
  • Salary loss
  • Permanent injury and disability
  • Decreased quality of life

Meanwhile, a person who ingested Zantac but did not develop any health complications can still file for a class lawsuit. Anyone can file a class lawsuit provided that they have receipts that they availed Zantac. This is lighter as compared to personal injury lawsuits. Nevertheless, it will still allow individuals to retrieve the money they spent on Zantac. 

Other states offer multi-district litigations (MDL). Similar to previously discussed lawsuit, it allows individuals who suffered the same injuries to sue the product manufacturer as a collective. However, unlike class-action lawsuits, MDLs will not distribute the settlement equally among the members of the group. 

Punishments For Zantac Lawsuit

This issue is a fairly recent problem. In fact, pharmaceutical companies only began acknowledging the FDA's advice last year. So, most (if not all) of Zantac lawsuits are still pending. Settlements will only be released if lawsuits reach trial, especially for MDL cases. Furthermore, for individual personal injury lawsuits and MDLs, compensations will vary from person to person. People under class-action lawsuits, meanwhile, will share the same compensations regardless of their situation. 

Whatever the court rules, compensation for non-economic damages must not exceed $250,000 pursuant to California Civil Code 3333.2.

Legal Assistance

Anyone who suffered negative consequences due to Zantac is highly advised to seek legal assistance from lawyers. Do not be discouraged if the process of achieving justice is still in its early stages. Step out and demand accountability from those who robbed you of your dreams and future. At the Law Office of Raoul Severo, you will get the right help to calculate your settlement while taking into consideration your best interests, stand with you in a court trial, and be with you every step of the way no matter the size of your opponent. 

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