In Pretrial Order #10A, US District Judge Eldon Fallon allowed plaintiffs who have not already served Bayer Pharma AG or Bayer Healthcare Pharmaceuticals Inc. (Bayer defendants) whose cases have already been docketed in Xarelto MDL 2592 an additional 90 days (to September 21, 2016) to serve the Complaint with a Summons.
The court further other that the plaintiffs whose cases are not docketed Xarelto MDL 2592 upon the entry of the June 23, 2016 order, but are docketed on or before July 11, 2016, shall have 90 days from the docketing of the Complaint in the MDL to serve the Complaint with a Summons.
The purpose is to streamline service on the Bayer defendants. As of June 15, 2016, there were 5,853 lawsuits consolidated for pretrial proceedings in MDL 2592, according to the Judicial Panel on Multidistrict Litigation.
Litigants charge Bayer and Janssen failed to properly warn patients that Xarelto use presented increased risks for cranial and gastrointestinal bleeding when taken once daily, according to the Pennsylvania Record. Risks which the plaintiffs say, allegedly, would be greatly decreased if the drug was taken twice daily and monitored properly.
Before the main cases reach federal courtrooms, 40 bellwether cases are being selected as a result of Case Management Order #4 issued on December 17, 2015. These bellwether actions will enable litigants and counsel to see how jury panels react to evidence presented.
Other defendants include Janssen Research & Development LLC 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., Bayer Healthcare Pharmaceuticals, Inc., Bayer Pharma Ag, Bayer Corporation, Bayer Healthcare LLC, Bayer Healthcare Ag, and Bayer Ag.