The federal court overseeing thousands of Xarelto lawsuits is preparing to select individual cases for the proceeding’s upcoming bellwether trials. Verdicts in these trials could provide clues as to how other juries might rule in similar cases.
Court documents indicate that more than 6,450 Xarelto lawsuits are now pending in the U.S. District Court, Eastern District of Louisiana, where all federal claims alleging injuries from internal bleeding and related complications have been centralized for the purposes of coordinated pretrial proceedings. The Court indicated previously that it would begin convening bellwether trials in 2017.
A pool of Xarelto lawsuits had already been designated by the Court as possible bellwether candidates, and those claims have been undergoing case-specific discovery. On August 1st, the Court issued a new Case Management Order setting forth the protocol that will govern selection of the final bellwether cases. According to the Order:
While the Xarelto lawsuits pending in the federal multidistrict litigation cite a range of bleeding-related injuries, they all put forth common claims regarding the alleged lack of safety warnings provided to doctors and patients. Plaintiffs also assert that sales of Xarelto were driven by misleading marketing claims that positioned the blood thinner as a superior alternative to warfarin. While internal bleeding associated with that decades-old medication can be stopped via the administration of vitamin K, there is currently no approved antidote for reversing Xarelto’s anticoagulant effects.