Xarelto Lawsuit Court Rejects Preemption Assertions, Denies Defense Partial Summary Judgment
The federal court overseeing thousands of Xarelto lawsuits has denied several Defense Motions for Partial Summary Judgment, just in time for the start of the litigation’s first bellwether trial next week.
At least 16,285 Xarelto lawsuits are pending in the U.S. District Court, Eastern District of Louisiana, where all federally-filed claims involving the drug’s alleged association with serious internal bleeding have been centralized for coordinated pretrial proceedings. Defendants Janssen Pharmaceuticals Inc., Janssen Research & Development LLC, Janssen Ortho LLC, Johnson & Johnson, Bayer Pharma AG, and Bayer Healthcare Pharmaceuticals Inc. had been seeking dismissal of the lawsuits’ design defect and failure-to-warn claims on the ground that they were preempted by federal law. However, the Court refused to grant their Motions in an Order dated April 13th.
First Xarelto Trials Viewed as Test Cases
The litigation’s first bellwether trial is scheduled to begin next Monday, April 24th, in New Orleans. The case selected to go before a jury was filed on behalf of Joseph Boudreaux, Jr., who allegedly experienced a severe gastrointestinal bleed just a month after he started taking the blood-thinning medication.
Xarelto bellwether trials will be closely monitored by all of the parties involved in the federal multidistrict ligation, as these verdicts could furnish some clues to jury decisions in similar cases. The Court is expected to convene three additional bellwether trials this summer, the second of which will begin on May 30th in New Orleans. The third will take place in the U.S. District Court, Southern District of Mississippi in June; while the fourth will begin in July in the U.S. District Court, Northern District of Texas.
Plaintiffs Challenge Xarelto Superiority Claims
Xarelto was brought to market in October 2011, and was touted as an improvement over the decades-old blood thinner, warfarin. The tactic worked, as the drug was soon one of Johnson & Johnson’s best-selling medications, racking up sales of $549 million in the second quarter of 2016. However, plaintiffs participating in the Xarelto litigation question the marketing claims that helped drive these sales. Among other things, they point out that internal hemorrhaging (a risk with any anticoagulant) caused by warfarin can be stopped via the administration of vitamin K. However, there is currently no approved antidote to stop bleeding associated with Xarelto.
The nationwide law firm of Bernstein Liebhard LLP has already filed numerous Xarelto lawsuits. If you or a loved one were harmed by this blood thinner, please call 877-779-1414 to learn more about your legal rights.