backKing & Spalding secured another trial victory for client Boehringer Ingelheim in the Circuit Court of Cook County, Illinois involving a claim that its widely used heartburn medication Zantac increases the risk of cancer. Plaintiff Stephen Caston alleged that his use of over-the-counter Zantac for 8 years, and in particular, his use of Boehringer’s Zantac for only 2 years, caused him to develop prostate cancer. Mr. Caston was diagnosed with prostate cancer in 2010 at the age of 54, underwent a prostatectomy and underwent hormone therapy and radiation, and currently complains of urinary incontinence, including wearing pads, erectile dysfunction, and depression. Plaintiff requested $1.5 million in damages.
On July 8, after a three-week trial, a Chicago jury rejected the Plaintiff’s claim and reached a unanimous defense verdict in only 49 minutes. This trial represents the seventh trial in which a jury has refused to find Boehringer Ingelheim liable for causing a plaintiff's cancer. King & Spalding trial teams have either won complete defense verdicts or secured hung juries in cases alleging Zantac caused colorectal, prostate, bladder, and kidney cancer.
Cook County continues to be ranked in the American Tort Reform Association’s list of most difficult jurisdictions for corporate defendants and has been labelled “Ground Zero for Nuclear Verdicts in the State”.
The Caston case was tried by Andy Bayman, TaCara Harris, and Chris Eby.