Xarelto Lawsuit Plaintiffs Ask Appeals Court to Overturn Bellwether Trial Losses

Published on October 24, 2017 by Laurie Villanueva

Two Xarelto lawsuit plaintiffs who lost bellwether trials earlier this year have indicated that they will be taking their cases to the United States Court of Appeals for the Fifth Circuit.

Joseph Boudreaux and Joseph Orr were the first plaintiffs to go to trial in the massive Xarelto litigation currently underway in the U.S. District Court, Eastern District of Louisiana. Both were alleged to have suffered life-threatening internal bleeding as a result of the new-generation blood thinner.

Their complaints accused Bayer HealthCare Pharmaceuticals Inc.  and Janssen Pharmaceuticals of failing to provide doctors and patients with adequate Xarelto side effects warnings.

The jury hearing Boudreaux’s case found for the drug makers in May. Orr lost his Xarelto lawsuit in June. U.S. District Judge Eldon E. Fallon denied both plaintiffs new trials in September.

Xarelto Lawsuit Appeals Will Focus on Judgments, Certain Orders

Orr and Breaux filed notices of their appeals on Wednesday. According to Law360.com, Orr will be appealing:

  • A May 4th order denying him judgment
  • A May 15th judgment on the jury verdict
  • A May 16th amended judgment on that verdict
  • May 26th denying his motion in limine

Boudreaux is appealing:

  • The court’s June 15th judgment on the jury verdict

Both are appealing:

  • An April 13th order denying their bid to exclude testimony considered speculative and other opinions made by the drug companies’ expert
  • An April 18th order sustaining several motions in limine the drug companies had filed.
  • September 19th and September 20th orders denying their requests for new trials

More Than 18,500 Xarelto Lawsuits Pending in Louisiana

Xarelto was approved by the U.S. Food & Drug Administration (FDA) in October 2011, and was marketed as an improvement on warfarin, a blood thinner that has been on the market for decades. In doing so, Bayer and Janssen highlighted the new medication’s once-daily dose regimen and promised patients they would not be subjected to a regular blood-testing protocol.

More than 18,500 Xarelto lawsuits have been centralized in the U.S. District Court, Eastern District of Louisiana. All of the pending cases were filed on behalf of patients who allegedly suffered dangerous episodes of Xarelto bleeding, including gastrointestinal hemorrhage, hemorrhagic stroke, and cerebral bleeding.

Xarelto plaintiffs dispute the drug’s purported superiority over warfarin, and point out that internal bleeding associated with the older drug can be stopped via the administration of vitamin K. However, there is currently no approved agent to reverse Xarelto bleeding side effects.

Plaintiffs further contend that Xarelto patients would benefit from regular blood monitoring and question the efficacy of its one-size-fits-all, once-daily dosing scheme.

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