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Gallagher v. Boehringer Ingelheim Pharm. Inc.

Suit Over Zantac Partly Stayed Pending Decision on Transfer to Multidistrict Litigation

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OPINION AND ORDER Plaintiff Anthony Gallagher (“Plaintiff”) brings product liability claims against Defendants Boehringer Ingelheim Pharmaceuticals, Inc. (“BI”), Sanofi U.S. LLC/Sanofi U.S. Services Inc., Pfizer, Inc. (“Pfizer”), GlaxoSmithKline, LLC (“GSK”), Chattem, Inc. (“Chattem”), BJ’s Wholesale Club, Inc. (“BJ’s”), Club 204, CVS Health Corporation (“CVS”), Store #2906 arising from his use of the antacid/heartburn medication, Zantac. Dkt. No. 1-1. He alleges that he regularly and consistently purchased and ingested OTC Zantac from 2014 to 2019 (when the product was taken off the market) and, as a result, was diagnosed with kidney cancer in November 2019. Id.

7, 46, 48. He brought this action in New York State Supreme Court, New York County, asserting causes of action for strict liability-design defect, strict liabilityfailure to warn, negligence, breach of express warranties, and breach of implied warranties. Id.

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