This blog post is a continuation of our coverage of the District Court’s Zantac Short Form Complaint Order in MDL Case No. 2924.
A portion of the Order on Zantac short form pleading requirements appears below with our commentary in italics.
For additional information on our Zantac lawyers, click here.
B. Zantac Short Form Complaint
Claimants must attached required documentation to their Short Form Zantac Complaint. Each submission must be attached as an Exhibit to the Complaint.
This requirement applies to all Zantac personal injury pleadings in MDL No. 2924.
4. The Zantac Short Form Complaint shall adopt the Master Personal Injury Complaint by reference
And shall contain, at a minimum, for each individual case:
a. The name of the person alleging injury;
b. Whether the claim is being brought by the person alleging injury or on behalf of someone else;
c. The name of any loss of consortium Plaintiff;
d. The city or county and state in which the person alleging injury currently resides (if the product user is deceased, where the user resided at the time of death);
e. If the case is filed directly into MDL No. 2924, identification of the federal district of residence in which the action otherwise would have been filed absent the direct filing procedure, pursuant to Pretrial Order # 11 (D.E. 422);
f. If the case was originally filed in or removed to another federal district court and transferred to MDL No. 2924, the federal district court and division in which the action was originally filed or to which it was removed;
Setting forth Antacid usage and injury in a legal pleading
g. Whether the Zantac or ranitidine product(s) used was obtained by prescription or over the counter;
h. The approximate dates the medication was used;
i. The injury or injuries Plaintiff(s) alleges resulted from Zantac or ranitidine use;
j. The dates of diagnosis of the alleged injury or injuries;
k. If applicable, the date of death of the Zantac/ranitidine user;
l. The specific Defendant(s) against whom the Plaintiff(s) asserts claims;
m. As to each Defendant, the causes of action in the Master Personal Injury Complaint the Plaintiff(s) adopts (including whether any Plaintiff(s) is asserting a claim for loss of consortium, survival, or wrongful death), indicated by checking the applicable box on the Zantac Short Form Complaint;
n. Additional allegations or causes of action not pleaded in the Master Personal Injury Complaint, if any; and
o. Whether Plaintiff(s) demands a jury trial.
Deeming of Ranitidine Short Form Complaint as Operative
5. For each action directly filed in or transferred to MDL No. 2924 subject to this Order, the Master Personal Injury Complaint together with the Zantac Short Form Complaint shall be deemed the operative Complaint.
To view the full and un-revised District Court document, click here.
