A Mississippi woman whose Xarelto lawsuit was selected for the litigation’s third bellwether trial is seeking a retrial, citing the findings of a recent study co-authored by “leading Bayer scientists”
Dora Mingo’s lawsuit went to trial last month in Mississippi federal court, and concluded with a verdict for the defense. Mingo claims that she suffered a severe gastrointestinal bleed because of Xarelto, which she was prescribed in January 2015 to treat a deep vein thrombosis.
In a Motion filed last week with U.S. District Judge Eldon E. Fallon of the Eastern District of Louisiana, Mingo requested a new trial, arguing that a study released just as her trial was concluding directly contradicted Bayer’s testimony that the anticoagulant effects of Xarelto can’t be monitored via standard laboratory testing. The same study suggested that a medical test called PT Neoplastin can be used for detecting excessive bleeding in patients using the medication.
“Thus, defendants were telling the Court and jury in the Mingo case that PT is dangerous, useless and meaningless, while simultaneously saying something completely different in the medical literature,” Mingo’s filing argued. “This evidence was not available to cross-examine these witnesses, which further prejudiced Ms. Mingo.”
Xarelto is a new-generation blood-thinner initially approved by the U.S. Food & Drug Administration (FDA) in October 2011. Like other novel anticoagulants, Xarelto has been marketed as an improvement over warfarin, a decades-old blood thinner sold under the brand-name Coumadin. Among other things, Xarelto’s manufacturers promised that patients using their new drug would not be required to undergo regular blood tests to ensure proper dosage, a standard component of warfarin treatment
Court documents indicate that more than 18,500 Xarelto lawsuits are now pending in the U.S. District Court, Eastern District of Louisiana, where all federally-filed claims involving the medication’s alleged potential to cause serious internal bleeding have been centralized before Judge Fallon for coordinated pretrial proceedings.
Plaintiffs involved in the Xarelto litigation dispute defendants’ claims that the drug offers any benefits over warfarin, and point out that internal bleeding associated with the older blood thinner can be stopped via the administration of vitamin K. There is currently no approved antidote to reverse hemorrhaging that sometimes occurs with Xarelto. They also allege that Xarelto patients would benefit from a regular blood monitoring regimen, despite its manufacturers’ claims that such testing is not required.