A Pennsylvania mass tort litigation that involves more than 1,000 Xarelto lawsuits has adopted a plan for the selection of bellwether trial cases. According to a report from The Legal Intelligencer, the Xarelto program could become the first mass tort in the Philadelphia Complex Litigation Center to utilize such a program.

Bellwether trials are common large, complex litigations. In such a scenario, the parties and/or presiding court select a sampling of representative cases to go before juries. The outcomes of bellwether trials can often provide insight into how other juries might rule in similar lawsuits, and sometime even help bring an entire litigation to resolution.

Other mass torts underway in Philadelphia have used a “first-in, first-out method” for selecting cases for trial. Attorneys representing plaintiffs in the Pennsylvania Xarelto litigation told The Legal Intelligencer that they were pleased with the Xarelto Court’s decision to utilize the bellwether approach.

“A bellwether program is beneficial for litigants and the court by providing information on the value of the cases as reflected by the jury verdicts that result,” one of the lawyers said.

Bellwether Selection Order

The Court outlined its bellwether selection plan in an Order dated October 17th. The process will begin with 24 Xarelto lawsuits, 10 of which will involve plaintiffs who suffered a gastrointestinal bleed while using the blood thinner to reduce the risk of stroke.  Eight cases will involve plaintiffs who experienced bleeding events while taking Xarelto to treat deep vein thrombosis, and six will involve those who took the drug to reduce their stroke risk and who suffered a brain bleed.

Each of the parties will select nine cases for the pool of 24. The remaining six will be chosen at random. Plaintiffs will choose the first case to be tried in each category, to be followed by a lawsuit selected by the defense. The remaining trial cases will be chosen at random.

The Order stipulates that the first round of Xarelto trials will be convened between September 29 and December 11, 2017.

A federal litigation underway in Louisiana that includes more than 7,000 Xarelto lawsuits had already declared its intention to use a bellwether system when trying cases. That proceeding’s bellwether trials are slated to begin in March 2017.

Xarelto Lawsuit Reviews

Bernstein Liebhard LLP continues to offer free legal reviews to individuals who experienced serious internal bleeding while using Xarelto. To discuss filing a Xarelto lawsuit on behalf of yourself or a loved one, please contact our office by calling 877-779-1414 today.

Published October 31, 2016 by