Bayer and Janssen Pharmaceuticals, the defendants in the Xarelto mass tort litigation, filed a motion last week asking for information about the financing of Xarelto lawsuits that may be selected for bellwether trials. Specifically, the Janssen and Bayer are seeking information regarding whether any of these cases are being financed by third parties, and if so, who is providing the funding.
There are roughly 1,200 Xarelto cases on the mass tort docket in Philadelphia court, and both sides of the litigation are in the process of choosing which cases will be tried first. The defendants are arguing that information about potential third-party funding might influence the decision on which cases are selected for the bellwether trials.
Our attorneys believe the request is overly broad. Daniel Gallucci gave the following statement to the Legal Intelligencer: “The defendants haven’t been able to identify any issues or problems related to third-party funding, and their request is overbroad, reaching into attorney-client privilege,” Gallucci said.