Dallas, TX asked in Personal Injury for Texas

Q: Since certain cancers have been dismissed in Zantac MDL can I pursue a individual case in Texas state court?

The judge in Zantac mdl has dismissed many cancers in the litigation. One of these is prostrate. I currently have stage4 ( not terminal) prostrate cancer after taking Zantac for years. Is it possible to file in Texas state court?

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY

A: A Texas attorney (preferably one who is familiar with the developments on this complex multidistrict litigation case) could advise best, but your question remains open for two weeks. You could reach out to product liability law firms who are familiar with the case. They would be best qualified to address the issues that would answer your question. In general with large MDL pharmaceutical litigation, some issues that could arise might include how a dismissal distinguished between brand and generic medications, whether preemption applies (doctrine precluding state action when fed law invalidates state law), and other possible issues.

I recommend you reach out to attorneys who are knowledgeable with this complex case to try to arrange a brief, free consult to review your facts - that's the most reliable means of answering your question. Good luck in your cancer battle - wishing you strength.

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