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Consumer Case Information

Pursuant to Section 1281.96 of the California Code of Civil Procedure, and similar statutes in other states, AltCourt provides information regarding consumer arbitrations administered by AltCourt. This information includes, among other things, the name of the non-consumer party, the result of the consumer arbitration and the number of past arbitrations and mediations AltCourt has had with the non-consumer party for the previous five years. The website will be updated quarterly

Xarelto Lawsuit Court Rejects Preemption Assertions, Denies Defense Partial Summary Judgment

       

The federal court overseeing thousands of Xarelto lawsuits has denied several  Defense Motions for Partial Summary Judgment, just in time for the start of the litigation’s first bellwether trial next week.

At least 16,285 Xarelto lawsuits are pending in the U.S. District Court, Eastern District of Louisiana, where all federally-filed claims involving the drug’s alleged association with serious internal bleeding have been centralized for coordinated pretrial proceedings. Defendants Janssen Pharmaceuticals Inc., Janssen Research & Development LLC, Janssen Ortho LLC, Johnson & Johnson, Bayer Pharma AG, and Bayer Healthcare Pharmaceuticals Inc. had been seeking dismissal of the lawsuits’ design defect and failure-to-warn claims on the ground that they were preempted by federal law.  However, the Court refused to grant their Motions in an Order dated April 13th.

First Xarelto Trials Viewed as Test Cases

The litigation’s first bellwether trial is scheduled to begin next Monday, April 24th, in New Orleans. The case selected to go before a jury was filed on behalf of Joseph Boudreaux, Jr., who allegedly experienced a severe gastrointestinal bleed just a month after he started taking the blood-thinning medication.

Xarelto bellwether trials will be closely monitored by all of the parties involved in the federal multidistrict ligation, as these verdicts could furnish some clues to jury decisions in similar cases. The Court is expected to convene three additional bellwether trials this summer, the second of which will begin on May 30th in New Orleans. The third will take place in the U.S. District Court, Southern District of Mississippi in June; while the fourth will begin in July in the U.S. District Court, Northern District of Texas.

Plaintiffs Challenge Xarelto Superiority Claims

Xarelto was brought to market in October 2011, and was touted as an improvement over the decades-old blood thinner, warfarin.  The tactic worked, as the drug was soon one of Johnson & Johnson’s best-selling medications, racking up sales of $549 million in the second quarter of 2016. However, plaintiffs participating in the Xarelto litigation question the marketing claims that helped drive these sales. Among other things, they point out that internal hemorrhaging (a risk with any anticoagulant) caused by warfarin can be stopped via the administration of vitamin K. However, there is currently no approved antidote to stop bleeding associated with Xarelto.

The nationwide law firm of Bernstein Liebhard LLP has already filed numerous Xarelto lawsuits. If you or a loved one were harmed by this blood thinner, please call 877-779-1414 to learn more about your legal rights.

Published April 18, 2017 by Sandy Liebhard

More than 15,600 Xarelto Lawsuits Pending in Federal Litigation, As First Bellwether Trials Near

       

At least 15,611 Xarelto lawsuits are now pending in the federal litigation currently underway in the U.S. District Court, Eastern District of Louisiana. The proceeding is set to begin its first bellwether trial later this month, with additional trials scheduled to be convened in May, June and July.

First Trial Involves Gastrointestinal Bleeding Allegations

According to RXInjuryHelp.com, all of the cases pending in Louisiana were filed on behalf of Xarelto users who suffered serious episodes of internal bleeding and other side effects allegedly caused by the blood-thinning medication. The litigation is set to begin its first bellwether trial on April 24th in New Orleans. Joseph Boudreaux, Jr., the plaintiff in that case, is alleged to have experienced a severe gastrointestinal bleed just a month after he started using Xarelto.

Bellwether trials are an important milestone in any federal multidistrict ligation, as the outcomes of such cases are intended to provide the parties with some insight into how juries might rule in lawsuits that put forth similar questions of fact. The Xarelto litigation is expected to convene three additional bellwether trials this summer, the second of which will begin on May 30th in New Orleans. The third will take place in the U.S. District Court, Southern District of Mississippi in June; while the fourth will begin in July in the U.S. District Court, Northern District of Texas.

Xarelto defendants include Bayer AG, which manufactures the drug, as well as Johnson & Johnson’s Janssen Pharmaceuticals unit, which markets the medication in this country. Xarelto was approved by the Food & Drug Administration in October 2011. U.S. sales of the drug hit $549 million in the second quarter of 2016, making it  one of Johnson & Johnson’s best-performing medications.

Individuals pursuing Xarelto lawsuits claim that that  defendants failed to provide adequate warnings about its risks, and wrongly marketed Xarelto as a superior alternative to a much-older blood thinner called warfarin. Among other things, their filings point out that hemorrhaging caused by warfarin can be stopped via the administration of vitamin K. However, there is currently no approved antidote to reverse Xarelto bleeding side effects.

Xarelto Attorneys

Bernstein Liebhard LLP is representing plaintiffs in Xarelto lawsuits. If you or a loved one suffered a bleeding-related injury while using this medication, please call 877-779-1414 to learn more about your legal rights.

Published April 3, 2017 by Sandy Liebhard

 

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