How Can I Prove My Zantac Claim?
On April 1st, 2020, the U.S. Food and Drug Administration (FDA) officially requested that all ranitidine-based medications be removed from consumer shelves due to the presence of NDMA, a chemical that is suspected to be carcinogenic. This includes Zantac, the popular antacid drug that has been widely prescribed for nearly 40 years. Since then, tens of thousands of claims have flooded in from all over the country as claimants seek compensation for various cancer diagnoses.
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Those who have been affected may understandably have a lot of questions about the claim process, but perhaps the best place to start is to talk about how claimants can actually prove their case, which you will need to do if you hope to recover compensation. Here are some of the factors that will impact your Zantac case:
The Process of Proving a Zantac Claim
The first step to proving any drug-related claim is to establish the use of the drug in question. In order to have a successful Zantac claim, you must be able to demonstrate that you used Zantac extensively (most drug-related claims require about 6 months of use to be considered valid). This can be done through prescription records, pharmacy receipts, testimony from a treating physician, and more. Concrete evidence like records and receipts are much more likely to be successful, but users can also be established through simple corroborating statements or evidence.
Next, you will have to show that you suffered subsequent injury or injuries, or else there will be no basis for compensation. For a Zantac claim, this would mean a cancer diagnosis in the bladder, stomach, kidney, colon, or similar area. This is also typically proved by medical records or expert testimony.
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The final component to a successful Zantac is proof of correlation between a claimant’s Zantac use and their cancer diagnosis. This is typically the “meat” of the case, meaning that this step is the most laborious and difficult to accomplish. You will have to work with your attorney to essentially paint the picture of your experience–this includes a review of your past medical history, your current job, lifestyle, and other considerations.
Essentially, you want to negate any objection that the opposing party may try to assert. If you can show that: 1) you took the drug extensively, 2) you were diagnosed with cancer, and 3) there are no other risk factors that could have caused this–family history, personal lifestyle, previous injuries–-then your claim has a good chance of being successful. However, if there is a weak spot in your argument, then you may not recover compensation even if it is warranted. For example, if you took Zantac and developed liver cancer, but the condition runs in your family and you are a heavy drinker, the court may not rule in your favor because the correlation is not clear enough. This is why it is so important to retain an experienced and trusted Zantac attorney so that they can build the best argument possible.
Are You Considering a Zantac Claim? Call Van Law Firm Today
If you have further questions about a potential Zantac claim, be sure to contact the Van Law Firm office nearest you right away. Our award-winning team of Zantac attorneys can review your case and create a personalized plan of action that will give you the highest chance of recovering maximum compensation. With over 500 5-star reviews and $50+ million recovered to date, it’s easy to see that excellence is our standard. Call today to schedule a risk-free consultation and case review.
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