Patients suing the manufacturers of the blood thinner Xarelto are defending their process of choosing bellwether cases. The patients have been accused of selecting trial cases that will benefit them.
Xarelto’s manufacturers, Bayer Healthcare Pharmaceuticals Inc. and Janssen Pharmaceuticals Inc., allege that the plaintiffs are purposefully picking cases that are likely to win at trial over representative cases. According to the patients, the bellwether trial cases that have been selected have been distinctly different than the greater number of cases in the mass tort program. The patients claim that the case order going to trial represents two-thirds of the docket.
The Xarelto mass tort program focuses on the claim that Bayer and Janssen neglected to accurately warn the consumer about the significant risk of bleeding associated with the drug, as well as the potential need for dose adjustments.
The opening trial that ended with a $28 million verdict was subsequently thrown out on a post-trial motion.
In the current ongoing trial, the jury disputed claims that the warning labels for the drug excluded important information that the drug would become far riskier to use when combined with anti-platelet medications.
Bayer and Janssen have won all five Xarelto trials that they have come up against in federal and state courts.
The patients have argued that they are merely searching for more cases that better focus on the theory that the consumer was failed to be warned, as in the first bellwether trial. The cases would concern the claim that Xarelto neglected to warn that there would be a significant risk of bleeding in patients taking both Xarelto and asprin.
The plaintiffs are represented by Michael Weinkowitz of Levin Sedran & Berman, Daniel Gallucci of NastLaw LLC, and Laura Feldman of Feldman & Pinto PC.
The case is In Re: Xarelto Litigation, case number 150102349, in the Court of Common Pleas of Philadelphia County.
NastLaw is one of the leaders of the lawsuits against Xarelto. Our attorneys are on the leadership committees at the state and national level for Xarelto Lawsuits.
We are currently filing lawsuits on behalf of individuals who experienced severe bleeding while taking Xarelto, and offering free, no obligation case evaluations for individuals who were injured by Xarelto.