7 Xarelto Cases Chosen for Trial in Louisiana Federal Court

XARELTOIn Case Management Order No. 5 on August 1, US District Court Judge Eldon E. Fallon ordered four categories of Xarelto cases for trial, and set deposition deadlines in the Eastern District of Louisiana.

The cases are in 4 categories in In Re: Xarelto (Rivaroxaban) products liability litigation consolidated in MDL No. 2592 in New Orleans, which includes a total of 400 cases. Another 739 cases have been consolidated in separate litigation in a Xarelto MDL in the Philadelphia Court of Common Pleas.

The federal cases in Louisiana are in 4 categories:

  1. One case in Category 2a from CMO 4 (“Plaintiff took Xarelto® in order to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and alleges a gastrointestinal bleed or death due to a gastrointestinal bleed and was between the ages of 50 and 90 at the date of the alleged event.”).
  2. Four cases in Category 2e from CMO 4 (“Plaintiff took Xarelto® in order to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and alleges a Brain bleed/hemorrhagic stroke or death due to a brain bleed/hemorrhagic stroke and was between the ages of 50 and 90 at the date of the alleged event.”).
  3. One case in Category 2b from CMO 4 (“Plaintiff took Xarelto® to treat deep vein thrombosis (DVT), to treat pulmonary embolism (PE) and/or to reduce the risk of recurrence of DVT or PE and alleges a gastrointestinal bleed or death due to a gastrointestinal bleed and was between the ages of 40 and 80 at the date of the alleged event.”).
  4. One case in Category 2a from CMO 4 where venue is proper in a federal district in the State of Texas (“Plaintiff took Xarelto® in order to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and alleges a gastrointestinal bleed or death due to a gastrointestinal bleed and was between the ages of 50 and 90 at the date of the alleged event.”).

Arguments held on August 4

Judge Fallon is presiding over 6,400 Xarelto lawsuits filed in federal court. In each category, the plaintiffs’ steering committee (PSC) and defendants exchanged via email a list of any cases that either side should be removed from the pool. On August 4, 2016, the Court heard arguments as to whether any cases in each category should be removed from the pool.

Xarelto is prescribed for atrial fibrillation (AFIB), deep vein thrombosis (DVT) and pulmonary embolism (PE). However, it causes brain/cerebral hemorrhage, death, gastrointestinal bleeding, heart attack, kidney bleeding, nosebleeds, rectal bleeding, respiratory failure, hemorrhagic and ischemic strokes, vaginal or uterine bleeding, and other internal bleeding.

The Defendants Include Janssen Research & Development F/K/A Johnson and Johnson Pharmaceutical Research and Development LLC, Janssen Ortho LLC, Janssen Pharmaceuticals, Inc. F/K/A Janssen Pharmaceutica Inc. F/K/A Ortho-Mcneil-Janssen Pharmaceuticals, Inc., Johnson & Johnson Company Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma Ag, Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Ag, and Bayer Ag.

 

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