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Efficacy claims are those that arise from blood clot related injuries, experienced by individuals while taking Xarelto. Arguably, Xarelto should have prevented these injuries from occurring. Plaintiff argues that due to Xarelto’s one time per day dosing, the anticoagulant intensity of Xarelto is depleted long before the patient consumes the next dose, leaving the patient exposed to the very injuries Xaretlo is intended to prevent. Plaintiffs content that the makers Xarelto designed its “one time per day” product simply to gain a marketing advantage over other multi time per day products it was competing against, primarily Pradaxa and Eliguis .
Ten cases are set for trial starting September 29, 2017, at two-week intervals as follows:
|Trial Date||Trial Category||Source of Case|
|September 29, 2017||1||Plaintiff Pick|
|October 13, 2017||1||Defense Pick|
|October 27, 2017||2||Plaintiff Pick|
|November 10, 2017||2||Defense Pick|
|November 27, 2017||3||Plaintiff Pick|
|December 11, 2017||3||Defense Pick|
|After the first six cases, the remaining four will be selected randomly. Dismissal of a trial set case shall not impact the remaining trial dates and cases set for those dates.|
Separately, defendants in a federal multidistrict litigation (MDL) before US District Judge Eldon E. Fallon, In RE: Xarelto (Rivaroxaban) Products Liability Litigation, include Bayer Healthcare, the designer and manufacturer of Xarelto. Janssen Pharmaceuticals (a Division of Johnson & Johnson) sells Xarelto in the United States under a licensing agreement with Bayer.
Nearly 11,000 cases have been filed in the federal MDL, and bellwether trials have been set between March 13 and May 30 in the Eastern District of Louisiana in New Orleans.
In the Philadelphia cases, the parties will confer whether cases should be added or subtracted from the list. If a case is dismissed, the party that selected the original case for inclusion in the Core-Discovery Pool will offer a replacement.
Discovery in the selected cases will begin immediately and must be completed by April 3, 2017. Core-discovery will consistof only the following depositions:
Defendants may take up to 10 additional fact witness depositions, including both medical and non-medical witnesses in the Trial-Pool Cases. Defendants may seek additional depositions by leave of Court for good cause shown.