Law And Logic: Sandoz Achieves Dismissal Of Pharmaceutical Class Action

• Published date: 02 June 2023
• Law Firm: Fasken
• Author: Mr Peter Pliszka, Andrew Borrell and Zohaib Maladwala

Sandoz Canada Inc. and several other pharmaceutical companies recently defeated a certification application and obtained summary dismissal of a proposed pharmaceutical product liability class action, successfully arguing that the plaintiff's claims of alleged increased risk of contracting cancer should be summarily dismissed because there is no basis in evidence or law to support such claims. Peter Pliszka, Andrew Borrell, and Zohaib Maladwala of Fasken represented Sandoz in securing this result.

The putative class proceeding was issued against numerous pharmaceutical companies that make or distribute ranitidine, a histamine H2-receptor, in heartburn medication. The plaintiff alleged that ranitidine could, over time and under certain conditions, transform into N-nitrosodimethylamine ("NDMA"), which the plaintiff alleged was carcinogenic. The plaintiff's Notice of Civil Claim included claims for increased risk of harm and potential future harm.

Sandoz, alongside other defendants, argued that the plaintiff's claim was fatally flawed both factually and legally because there was no scientific evidence that NDMA is carcinogenic in humans, and the plaintiff sought damages not for any actual...