backKing & Spalding secured another trial victory for our client Boehringer Ingelheim in the Circuit Court of Cook County, Illinois involving a claim that its widely used heartburn medication Zantac caused cancer. Plaintiff Barbara Lee alleged that her use of over-the-counter Zantac for decades, including her use of Boehringer’s Zantac for 5 years, caused her to develop breast cancer. Ms. Lee was diagnosed with breast cancer at the age of 50, underwent a partial mastectomy, chemotherapy, and radiation, and currently complains of disfigurement, chemotherapy fog, disfigurement, neuropathy, anxiety, and depression. Notably, Plaintiff’s counsel was able to leverage a relevant epidemiological study showing a positive association between Zantac users and the precise type of breast cancer Ms. Lee was diagnosed with, and which was published during Boehringer’s ownership.
Today, after two weeks, a Chicago jury rejected the Plaintiff’s claim and reached a unanimous defense verdict after 46 minutes. This trial represents the ninth trial in which a jury has refused to find Boehringer Ingelheim liable for causing a plaintiff's cancer, and King & Spalding has tried all of them. King & Spalding trial teams have either won complete defense verdicts or secured hung juries in cases alleging Zantac caused colorectal, prostate, bladder, kidney, and now, breast 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 Lee case was tried by Andy Bayman, TaCara Harris, and Chris Eby. The trial team included Leila Morgan, Rylee Pittman, Rachel Corella, Christina Justus, and Josh Alexander. Greg Ruehlmann assisted on legal motions; Julia Zousmer assisted with jury selection and jury instructions; and Mandi Klingler, Rob Friedman, Luke Bosso, and Nicole Costello helped prepare company and expert witnesses.