Briefcases -- XARELTO Case No. 2349 in Philadephia Court of Common Pleas - Complex Litigation (PA State Court)

XARELTO Case No. 2349 in Philadephia Court of Common Pleas - Complex Litigation (PA State Court)

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Xarelto MDL Phildelphia Court of Common Pleas

Recent ruling permits “Efficacy Claims” 

    In the State MDL before Judge Arnold New which is ongoing in the Phildelphia Court of Common Pleas, Judge New has elected to allow “Efficacy Claims” to be filed in that MDL in addition to claims related to uncontrolled bleeding. Judge Fallon has yet to follow suit and may not.

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.

Discovery schedule

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:

  1. Plaintiff and spouse or significant other;
  2. The health care provider(s) who prescribed Xarelto to the Plaintiff;
  3. One physician who provided care related to Plaintiff’s alleged physical injuries; and
  4. One detail representative who detailed Plaintiffs prescriber before the prescription(s) at issue.
  5. Plaintiffs will identify the one detail representative per case whose custodial file and deposition they want in connection with the Core-Discovery Pool cases by November 14, 2016.

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.