Judge Fallon Denies Plaintiffs New Xarelto MDL 2592 Bellwether Trials After Hearings Last Week
Xarelto MDL 2592 Judge Eldon Fallon ruled Tuesday September 19th at the close of motion hearings, that plaintiffs Joseph Orr and Joseph Boudreaux would not be granted new trials. The plaintiffs were on the losing side in the first two bellwether trials in the Xarelto multidistrict litigation versus Janssen and Bayer over claims that the blockbuster blood thinner Xarelto caused unstoppable bleeding, see Xarelto MDL 2592 Briefcase.
In denying the motions, Judge. Fallon once again stated that he “had given a lot of thought to these issues prior to trial, and I don’t shoot from the hip” on such rulings and added “I realy feel the decisions I made were, made properly” refencing the prior Orr and Boudreaux trial rulings in the hearing transcripts, see Xarelto MDL Hearing Transcript Denying New Bellwether Trials. His hearing comments weer further clarified in the court’s 9.22.2017 order where Judge Fallon outlined his prior trial rulings and the denial of new trials for Orr and Boudreaux, Judge Fallon 9.22.17 Order Denying Bellwether Retrials.
The main argument raised by plaintiffs related to exclusion from trial of data determined inadmissible by the court due to materials having international based information.
The court’s decision to exclude evidence from a peer-reviewed publication was based on the false premise that the publication included foreign regulatory standards that could confuse the jury, Boudreaux counsel argued. The exclusion of this evidence influenced the jury to believe that no medical associations or peer-reviewed publications backed a diagnostic test that would determine whether emergency room patients had recently taken Xarelto, in their June filing for the retrial.
The court also should have allowed statements from foreign labels into evidence so that Boudreaux could demonstrate that foreign regulatory authorities back the prothrombin time test, Boudreaux also claimed in June. Boudreaux further argued the court’s instructions to the jury were too broad, as they indicated the companies were required to disclose to patients only tests that were FDA approved, implying the companies weren’t required to disclose a prothrombin time test that was not FDA approved.
“The fight against Xarelto is a marathon not a sprint,” per Andy Birchfield, of the Beasley Allen firm and co-lead counsel for the plaintiffs, who also stated “There are more than 19,000 victims who are relying on the courts for justice. We will continue fighting for the thousands of innocent victims injured or killed by Xarelto.”
Janssen issued a statement agreeing with the court ruling.
“We believe the court correctly denied plaintiff’s motions for new trials and that the verdicts returned by the juries in Orr and Boudreaux were amply supported by the evidence,” Janssen spokesperson Sarah Freeman said in a statement.
FOURTH BELLWETHER TRIAL MOVED TO 2018
In a related case development, the fourth bellwether trial of William Henry, initially set for trial in October 2017 in the US District Court ND Texas has been continued until early 2018, William Henry vs. Janssen et al Complaint. Perhaps this long break between trials signals potential settlement discussions will begin.