GSK shares drop another 9.5% following Zantac’s legal setback

GSK’s market value was reduced by almost £7 billion after it suffered a major setback in the costly legal battle that the company fought over Zantac.

A state court in the United States ruled on Friday evening, after markets had closed, that experts could be called to testify for just under 70,000 plaintiffs claiming that heartburn treatments caused them cancer.

The FTSE group said it does not agree with the decision of the Delaware state courts and will appeal immediately.

The company tried to have the experts and evidence of the claimants thrown out, claiming that they were not scientifically sound. This would have effectively stopped the cases. Delaware’s proceedings are in an early stage, and no trial date has yet been set.

GSK stated: “Scientific evidence is consistent and reliable that ranitidine (marketed as Zantac) increases cancer risk. GSK will continue vigorously to defend itself against any claims.”

GSK’s participation in the American Society of Clinical Oncology annual meeting will be overshadowed by this decision. The event, which is a major industry cancer event held annually in Chicago and will end on Tuesday, will conclude with GSK’s announcement.

This comes just a week after an Illinois state court sided with GSK, finding that the company was not responsible for the cancer of the claimant in the first GSK case to be heard by a jury. The dismissal of a second case, which was due to be heard by the end last month, is also noteworthy.

GSK’s defense received a boost from a previous Florida decision made in 2022 that dismissed approximately 50,000 cases during a pre-trial.

Ranitidine was a blockbuster prescription drug that generated more than $1 billion annually. The drug reduced the amount of stomach acid produced by the cells that line the stomach. It was also a popular heartburn treatment. The drug was first released by GSK as a prescription medication in the 1980s. It wasn’t until later that the rights for the over-the counter product in America were purchased by other companies.

GSK has suspended all Zantac doses from all markets, pending further tests and investigations. In 2020, the US Food and Drug Administration will ask all manufacturers to remove their products from the market.

The Delaware court’s decision extends the litigation, and overhang, on the shares. They fell 168 1/2p or 9.5 percent to close Monday at £15.98, wiping out about £6.9billion from the market value of the group.

Investors sold GSK shares on fears of multi-billion-pound liability arising from a spate of lawsuits.

GSK hasn’t made any provisions for potential settlements or given an estimate of what they might be. Citi, GSK’s joint house broker is working with a base case settlement of $3 billion.

The Delaware ruling doesn’t mean that the court is in agreement with the experts who testified on behalf of claimants but exposes the group to jury risks.

After the launch of two new respiratory vaccines, and an upgrade to its financial forecast, the litigation has dimmed any operational progress that had been made elsewhere.

The company stated that it will “continue to vigorously defend all claims and manage the litigation in best interest of shareholders”.