UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

IN RE: ZANTAC (RANITIDINE) MDL NO 2924 

PRODUCTS LIABILITY 20-MD-2924 

LITIGATION 

 JUDGE ROBIN L ROSENBERG 

 MAGISTRATE JUDGE BRUCE REINHART 

___9:22-cv-81691_________________/ 

THIS DOCUMENT RELATES TO: JURY TRIAL DEMANDED

 

FRANK C. BROWN 

________________________________ 

(Plaintiff Name(s)) 

SHORT-FORM COMPLAINT 

The Plaintiff(s) named below, by counsel, file(s) this Short Form Complaint against 

Defendants named below. Plaintiff(s) incorporate(s) by reference the allegations contained in the 

Amended Master Personal Injury Complaint (“AMPIC”) in In re: Zantac (Ranitidine) Products 

Lability Litigation, MDL No. 2924 (S.D. Fla). Plaintiff(s) file(s) this Short-Form Complaint – 

Version 2 as permitted by Pretrial Order No. 31 and as modified by the Court’s Orders regarding 

motions to dismiss [DE 2532, 2512, 2513, 2515, and 2016]. 

Plaintiff(s) select(s) and indicate(s) by completing where requested, the Parties and Causes 

of Actions specific to this case. Where certain claims require additional pleading or case specific 

facts and individual information, Plaintiff(s) shall add and include them herein. 

Plaintiff(s), by counsel, allege as follows: 

I. PARTIES, JURISDICTION, AND VENUE

A. PLAINTIFF(S) 

1. Plaintiff(s) FRANK C. BROWN (“Plaintiff(s)”) brings this action (check the 

applicable designation): 

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☒ On behalf of [himself/herself]. 

☐ In representative capacity as the , on behalf of the 

injured party, (Injured Party’s Name) .

2. Injured Party is currently a resident and citizen of (City, State) 

__________________ and claims damages as set forth below. 

—OR— 

Decedent died on (Month, Day, Year) . At the time of 

Decedent’s death, Decedent was a resident and citizen of (City, State) . 

 If any party claims loss of consortium, 

3. (“Consortium Plaintiff”) alleges damages for loss of consortium. 

4. At the time of the filing of this Short Form Complaint, Consortium Plaintiff is a 

citizen and resident of (City, State) . 

5. At the time the alleged injury occurred, Consortium Plaintiff resided in (City, State) 

______________. 

B. DEFENDANT(S) 

6. Plaintiff(s) name(s) the following Defendants from the Amended Master Personal 

Injury Complaint in this action: 

a. Brand-Name Manufacturers: 

GSK 

BOEHRINGER INGELHEIM

CHATTEM, INC. 

PATHEON MANUFACTURING SERVICES LLC

SANOFI

b. Generic Manufacturers: 

c. Distributors and Repackager: 

d. Retailers: 

e. Others Not Named in the AMPIC: 

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C. JURISDICTION AND VENUE 

7. Identify the Federal District Court in which Plaintiff(s) would have filed this action 

in the absence of Pretrial Order No. 11 (direct filing) [or, if applicable, the District 

Court to which their original action was removed]: 

Eastern District of Kentucky 

8. Jurisdiction is proper upon diversity of citizenship.

II. PRODUCT USE 

9. The Injured Party used Zantac and/or generic ranitidine: [Check all that apply] 

☒ By prescription 

☒ Over the counter 

10. The Injured Party used Zantac and/or generic ranitidine from approximately 

(month, year) March 1996 to _ _.

III. PHYSICAL INJURY 

11. As a result of the Injured Party’s use of the medications specified above, [he/she] 

was diagnosed with the following specific type of cancer (check all that apply): 

Check all 

that 

apply

Cancer Type Approximate Date of 

Diagnosis 

☐ BLADDER CANCER 

☐ BREAST CANCER 

☐ COLORECTAL/INTESTINAL CANCER 

☒ ESOPHAGEAL CANCER 11/1/2021 

☒ GASTRIC CANCER 11/1/2021 

☐ KIDNEY CANCER 

☐ LIVER CANCER 

☐ LUNG CANCER 

☐ PANCREATIC CANCER 

☐ PROSTATE CANCER 

☐ OTHER CANCER: 

 

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☐ DEATH (CAUSED BY CANCER) 

12. Defendants, by their actions or inactions, proximately caused the injuries to 

Plaintiff(s). 

IV. CAUSES OF ACTION ASSERTED 

13. The following Causes of Action asserted in the Amended Master Personal Injury 

Complaint are asserted against the specified defendants in each class of Defendants 

enumerated therein, and the allegations with regard thereto are adopted in this Short 

Form Complaint by reference. 

14. By checking the appropriate causes of action below, Plaintiff(s) assert these causes 

of action based upon the law and applicable Sub-Counts of the following state(s):1 

 

Check 

all that 

apply 

Count Cause of Action 

States for which 

the cause of action 

was asserted in 

the AMPIC 

☒

I Strict Products Liability – Failure to Warn through 

Warnings and Precautions (Against Brand-Name 

Manufacturer Defendants) 

All States and 

Territories, Except 

DE, IA, MA, NC, 

PA, and VA

☒

II Negligence – Failure to Warn through Warnings 

and Precautions (Against Brand-Name 

Manufacturer Defendants) 

All States and 

Territories, Except 

LA, NJ, OH, and 

WA 

☒

III Strict Products Liability – Failure to Warn through 

Proper Expiration Dates (Against Brand-Name and 

Generic Manufacturer Defendants) 

All States and 

Territories, Except 

DE, IA, MA, NC, 

PA, and VA

☒

IV Negligence – Failure to Warn through Proper 

Expiration Dates (Against Brand-Name and 

Generic Manufacturer Defendants) 

All States and 

Territories, Except 

LA, NJ, OH, OK, 

and WA 

☒

V Negligence - Failure to Warn Consumers through 

the FDA (Against Brand-Name and Generic 

Manufacturer Defendants) 

CA, DE, DC, HI, 

IN, KY, LA, MD, 

MA, MN, MO, 

NV, NY, OR, and 

PA 

1

 In selecting the relevant states above, Plaintiffs reserve all rights to argue choice of law issues at 

a later time. 

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Check 

all that 

apply 

Count Cause of Action 

States for which 

the cause of action 

was asserted in 

the AMPIC 

☒

VI Strict Products Liability – Design Defect Due to 

Warnings and Precautions (Against Brand-Name 

Manufacturer Defendants) 

All States and 

Territories, Except 

DE, IA, MA, NC, 

PA, and VA

☒

VII Strict Products Liability – Design Defect Due to 

Improper Expiration Dates (Against Brand-Name 

and Generic Manufacturer Defendants) 

All States and 

Territories, Except 

DE, IA, MA, NC, 

PA, and VA

☐ VIII Negligent Failure to Test (Against Brand-Name 

and Generic Manufacturer Defendants)

KS, TX 

☒ IX Negligent Product Containers: (Against BrandName and Generic Manufacturers of pills)

All States and 

Territories 

☒

X Negligent Storage and Transportation Outside the 

Labeled Range (Against All Retailer and 

Distributor Defendants)

All States and 

Territories 

☒

XI Negligent Storage and Transportation Outside the 

Labeled Range (Against All Brand-Name and 

Generic Manufacturer Defendants)

All States and 

Territories 

☐

XII Negligent Misrepresentation (Against Brand-Name 

Manufacturers by Generic Consumers in 

California) 

CA only 

☐

XIII Reckless Misrepresentation (Against Brand-Name 

Manufacturers by Generic Consumers in 

Massachusetts)

MA only 

☒ XIV Unjust Enrichment (Against All Defendants) All States and 

Territories 

☐ XV Loss of Consortium (Against All Defendants) All States and 

Territories 

☐ XVI Wrongful Death (Against All Defendants) All States and 

Territories 

If Count XV or Count XVI is alleged, additional facts supporting the claim(s): 

 

 

 

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V. JURY DEMAND 

15. Plaintiff(s) hereby demand(s) a trial by jury as to all claims in this action. 

VI. PRAYER FOR RELIEF

WHEREFORE, Plaintiff(s) has/have been damaged as a result of Defendants’ actions or 

inactions and demand(s) judgment against Defendants on each of the above-referenced causes of 

action, jointly and severally to the full extent available in law or equity, as requested in the 

Amended Master Personal Injury Complaint. 

Dated: November 1, 2022 Respectfully submitted, 

 /s/ Kristie M. Hightower

 Kristie M. Hightower 

 LUNDY, LUNDY, SOILEAU & SOUTH LLP 

P.O. Box 3010 

Lake Charles, LA 70602-3010 

Tel: (337) 439-0707 

Fax: (337) 439-1029 

khightower@lundylawllp.com 

LA Bar No: 31782 

Attorneys for Plaintiff 

 

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CERTIFICATE OF SERVICE 

 I hereby certify that on November 1, 2022, I filed the foregoing SHORT FORM 

COMPLAINT electronically through the CM/ECF system, which will send notice of filing to all 

CM/ECF participants. 

/s/ Kristie M. Hightower

 Kristie M. Hightower 

 

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