LONDON (dpa-AFX) - GSK plc (GSK, GSK.L) confirmed Tuesday that it has taken the first step to seek appeal of the recent Daubert ruling, made by the Delaware Superior Court, which permits plaintiff expert testimony as part of the Zantac (ranitidine) litigation in Delaware.
GSK noted that it strongly disagrees with the Delaware Superior Court's ruling and has filed an application with the court to appeal to the Delaware Supreme Court for interlocutory review of the decision. Pfizer, Sanofi, and Boehringer Ingelheim are all parties to the application.
According to GSK, the Superior Court's ruling is inconsistent with how the Daubert standard has been applied previously in Delaware and federal courts. As such, differing rulings interpreting how the Daubert standard is to be applied to litigation before Delaware Courts, now exist. The Superior Court's ruling would therefore have profound implications for all companies and businesses incorporated in Delaware.
If the Delaware Superior Court grants the application for appeal, the case for interlocutory review of the decision will proceed to the Delaware Supreme Court for consideration, GSK said.
If the Delaware Superior Court rejects the application, GSK and the other defendants will seek leave to appeal directly to the Delaware Supreme Court.
A decision, on whether to grant interlocutory review and hear the appeal, would be expected from the Delaware Supreme Court sometime later this year.
GSK noted that the scientific consensus remains that there is no consistent or reliable evidence that ranitidine increases the risk of any cancer. There are 16 epidemiological studies looking at human data regarding the use of ranitidine, including outcomes for more than 1 million patients using ranitidine, supporting this consensus.
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