Federal Court Orders 1,200 Xarelto Lawsuits Readied for Trial

Published on March 5, 2018 by Laurie Villanueva

The federal court overseeing more than 18,000 Xarelto lawsuits has ordered that hundreds of those cases be prepared for trial.

Xarelto Lawsuit Selections for Discovery Pools

In a Case Management Order dated February 27th, U.S. District Judge Eldon E Fallon of the Eastern District of Louisiana, indicated that a total of 1,200 Xarelto cases will be selected for two waves of discovery, each to encompass 600 lawsuits. The Plaintiffs Steering Committee, Defendants Counsel and the Court will each select 200 cases for inclusion in each of the pools on April 16th.

Xarelto lawsuits eligible for inclusion in the Wave 1 Discovery Pool include those in which Plaintiffs have met the met the core requirements for the Plaintiff Fact Sheet on or before January 31, 2018. Plaintiffs must have met those requirements prior to March 30, 2018 for inclusion in the Wave 2 Pool.

Centrality data will be assessed on March 16th to determine the percentage of cases alleging an Intracranial Hemorrhage as an injury. No more than double this percentage will be eligible for Wave 1 selection by the Plaintiffs Steering Committee. Centrality data will also be assessed to determine the percentage of cases where plaintiff’s alleged injury involves less than one-day hospitalization. No more than double this percentage will be eligible for Defendants-selected cases in Wave 1.

Centrality data to determine the percentage of cases alleging an Intracranial Hemorrhage as an injury will be assessed on July 16th. No more than double this percentage will be eligible for Wave 2 selection by the Plaintiffs Steering Committee. Centrality data will also be assessed to determine the percentage of cases where plaintiff’s alleged injury involves less than one-day hospitalization, with no more than double this percentage eligible for Defendants-selected cases in Wave 2.

Xarelto Lawsuit Overview

Bayer and Johnson & Johnson are named defendants in more than 21,000 Xarelto lawsuits nationwide, all of which were filed on behalf of patients who allegedly suffered life-threatening internal bleeding events and related side effects associated with its use, including:

  • Gastrointestinal bleeding
  • Cerebral bleeding
  • Hemorrhagic stroke
  • Heart attack
  • Death

Xarelto bleeding claims were centralized before Judge Fallon in order to allow the massive-federal docket to undergo coordinated pretrial proceedings. The federal litigation has convened three bellwether trials thus far, all of which concluded with verdicts for the defendants.

Plaintiffs pursuing Xarelto lawsuits claim that Bayer and Johnson & Johnson understated the risks associated with the medication and wrongly marketed it as an improvement over warfarin, a competing blood thinner that has been available for decades. Among other things, they point out that internal bleeding associated with warfarin can be stopped via the administration of vitamin K. There is currently no approved antidote to reverse bleeding that may occur in Xarelto patients.

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