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Do I Qualify for Zantac Compensation? Confirm these 4 Criteria with Your Attorney

Zantac Compensation

By Tiffany WagnerPublished 4 years ago 5 min read
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Do I Qualify for Zantac Compensation? Confirm these 4 Criteria with Your Attorney
Photo by Laurynas Mereckas on Unsplash

While the coronavirus has plagued headlines in recent months, another health-related story emerged. Thousands have demanded “Zantac compensation” after an independent laboratory discovered a cancer-causing compound in the popular heartburn and ulcer drug, ranitidine.

The lab found high levels of nitrosodimethylamine (NDMA) in ranitidine in late 2019. In early 2020, the U.S. Food and Drug Administration confirmed that Zantac (a popular ranitidine brand that is now loosely used to refer to all ranitidine drugs) contains unacceptably high levels of NDMA. In April, the FDA issued a full Zantac recall requiring all leading and generic drug companies to pull their Zantac products out of all markets.

Lawsuits seeking Zantac compensations have been piling up in the courts ever since. In order to have a successful Zantac lawsuit, the Zantac drugs must have been manufactured defectively, have dangerous side effects, and marketed improperly. On top of that, a claimant should confirm the following four criteria:

Criterion #1: You have taken Zantac.

Proving that you've consumed Zantac or its generic equivalent is the first thing you have to do to file a lawsuit and claim compensation. You can’t simply declare this verbally. It goes without saying that with no evidence, you can’t bring any charge.

The following are legitimate ways to confirm that you’ve consumed a Zantac product:

-Copies of prescriptions

-Pharmacy records

-Notes in medical records

-Supply Receipts

-Bank statements or credit/debit card reports

-Basic corroborating statements from direct family members, supporting the fact that you’ve taken Zantac regularly

If your previous doctors prescribed you Zantac, you can easily prove your experience through medical or pharmacy records. Conversely, it might be a bit more challenging to evince the use of over-the-counter Zantac. However, printed receipts, medical records, bank reports, and verbal evidence can help your case.

Criterion #2: You have taken the drug for a significant amount of time.

Next, prove that you have taken the drug at least once a day within a three month period. This is a must for a viable Zantac consumption claim and is based on what science and the law have recently indicated

Other variables such as how often (frequency) and how much (dosage) you were taking the drug can also validate “a significant amount of time.” Frequent higher doses of Zantac will be more significant in your claim than sporadic consumption of lower doses.

We’re still in the early stages of litigation so there aren’t any hard and fast rules for this criterion yet. Zantac related research and how it affects plaintiffs’ claims are just getting underway. Still, it’s important to be able to prove your elongated Zantac usage.

Criterion #3: Your Zantac use and cancer diagnosis should be related.

This part is crucial and can be very complicated. You have to prove that you have suffered or have been suffering from an illness, mainly cancer, that’s directly caused by your Zantac consumption.

You have to prove that you’ve been harmed by NDMA, the cancer-causing agent found in all Zantac drugs. Overexposure to NDMA can result in the following potential symptoms:

-Abdominal cramps, stomach pain or diarrhea

-Dizziness

-Enlarged liver

-Chills or fever

-Fast or slow heart rate

-Headaches

-Impotence and other sexual complications

-Increased risk of pneumonia

-Jaundice

-Liver, kidneys, and lungs dysfunction

-Skin rashes and hair loss

-Sleep problems and drowsiness

-Tender breasts (for men)

-Vomiting

More importantly, these side effects (and others that aren’t mentioned) should reveal a diagnosis of primary cancers (i.e., the original site where cancer began) in order to have a viable claim. Here’s a list of cancer types caused by NDMA-contaminated Zantac consumption:

-Bladder cancer

-Brain cancer

-Breast cancer

-Colorectal cancer

-Esophageal cancer

-Kidney cancer

-Intestinal cancer

-Leukemia

-Liver cancer

-Lung cancer (non-smokers)

-Multiple myeloma

-Pancreatic cancer

-Ovarian cancer

-Non-Hodgkin's lymphoma

-Prostate cancer

-Testicular cancer

-Throat/nasal cancer

-Thyroid cancer

-Uterine cancer

-Stomach cancer

There are several kinds of cancers and not all cancers can be attributable to Zantac consumption. Heavy smokers, for example, will have a harder time making a Zantac compensation claim. It will be more difficult for them to associate a lung cancer diagnosis with Zantac consumption. If you’re apprehensive about this, it’s best to have professional guidance from a Zantac cancer lawyer.

Criterion #4: You have to confirm a year of significant exposure and latency.

In addition to an unsettled period of consumption, there is a latency issue. Once again, the science and claims are not yet definite, so latency periods are subject to change. Not only that, but each cancer has a different latency period as well. Meaning, each cancer type’s latency period isn’t yet determined.

Experts are currently looking for at least “one year of significant exposure” to Zantac. Claimants should prove that they have been regularly taking Zantac for a year. Moreover, claimants should at least show “a year of latency.” That means a year or so has passed between the moment they took Zantac for the first time and the moment they developed any primary cancer.

Recoverable Damages in a Zantac Lawsuit

Let’s say you can confirm the four criteria stated above and can present evidence. You’re then qualified to hold Zantac manufacturers accountable for your Zantac-related losses and claim monetary relief in the form of compensation, settlement, or a court award.

Specifically, an affected claimant can receive coverage for past and future expenses

-Medical expenses from NDMA exposure

-Physical damages caused by NDMA-related injuries, including treatment and recovery processes

-Financial loss, like lost wages and earning capacity

-Emotional damages, like physical pain, emotional anguish, or loss of enjoyment of life

-Punitive damages

What’s more, any claimant may receive compensation for each damage regardless of whether a lawsuit is handled as an individual claim, mass tort claim, or even settled outside of court.

Takeaway

Keep in mind that lawsuits have statutes of limitations. Determine whether you’re eligible to file a Zantac lawsuit and take legal action as soon as possible. If financing is an issue, don’t worry. The majority of Zantac lawyers are only paid if they win your case. In other words, it is worth exploring whether or not you’re eligible for Zantac compensation and it shouldn’t cost you a lot of money to make your claim.

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