Over the course of many months, counsel for Plaintiffs and Defendants worked tirelessly to identify 20 cases to be selected for the Xarelto bellwether pool. Each side was permitted to choose 10 cases for the pool, while the Court added another 20 cases that were randomly selected based on certain eligibility requirements. (See December 17, 2015, Case Management Order for eligibility requirements)

Courts often use the bellwether approach when a large number of plaintiffs are pursuing the same general theory of liability. Otherwise, it would be impossible for the various courts to handle the massive caseload. In essence, the bellwether cases act as a representative for the remaining cases in hopes of eventually reaching a global settlement.

Continue Reading Initial Xarelto Trials Scheduled for 2017

Xarelto (rivaroxaban) is a blood thinner that was approved by the U.S. Food & Drug Administration (FDA) in July 2011 to prevent strokes in patients who received hip and knee replacements. In November 2011, the approval was expanded to any patients with atrial fibrillation (irregular heartbeat). Xarelto has been widely prescribed, with millions of people taking the medication since it entered the market.

The number of lawsuits alleging injuries associated with ingestion of Xarelto continues to grow in the United States. Many of the pending lawsuits are centralized in federal court before the Honorable Eldon E. Fallon, in the Eastern District of Louisiana (“EDLA”), as part of MDL 2592. As we have previously reported, Judge Fallon has entered a series of Case Management Orders that continue to maximize the efficient management of the litigation.

On November 20, 2015, the EDLA issued Case Management Order #3, setting forth the general criteria for selecting the 40 discovery pool plaintiffs. These plaintiffs are jointly selected by the plaintiffs and defendants’ attorneys, for purposes of trial preparation.

On December 17, 2015, the EDLA issue Case Management Order #4, which provided more detailed instruction on the selection of the 40 discovery pool plaintiffs. The Order provides for

  • The selection of discovery pool plaintiffs;
  • The eligibility criteria of discovery pool plaintiffs; and,
  • The categories of discovery pool plaintiffs.

For example, to be eligible for the discovery pool, a plaintiff must satisfy the criteria in one of the following categories: a) plaintiff, between the ages of 50 and 90, must have taken Xarelto to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and allege a gastrointestinal bleed or death; or b) plaintiff, between the ages of 40 and 80, must have taken Xarelto to treat deep vein thrombosis or pulmonary embolism and allege a gastrointestinal bleed or death; or c) plaintiff, between the ages of 50 and 90, must have taken Xarelto to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and allege rectal bleeding or death; or d) plaintiff, between the ages of 40 and 80, must have taken Xarelto to treat deep vein thrombosis or pulmonary embolism and allege rectal bleeding or death; or e) plaintiff, between the ages of 50 and 90, must have taken Xarelto to reduce the risk of stroke and systemic embolism due to nonvalvular atrial fibrillation and allege a brain bleed/hemorrhagic stroke or death; or f) plaintiff, between the ages of 40 and 80, must have taken Xarelto to treat deep vein thrombosis or pulmonary embolism and allege a brain bleed/hemorrhagic stroke or death.

Xarelto Litigation

The attorneys at Stark & Stark continue to pursue all legal redress available in the federal action, as well as state actions in Pennsylvania and New Jersey, for the benefit of its clients that have suffered injuries resulting from their use of Xarelto.

If you feel you have experienced any side-effects from taking Xarelto, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturers of Xarelto.

Since the United States Judicial Panel on Multidistrict Litigation (“JPML”) designated the Multidistrict Litigation (“MDL”) on December 17, 2014, the United States District Court for the Eastern District of Louisiana (“EDLA”) has issued numerous Pretrial Orders and Case Management Orders to guide and control the MDL.

On December 17, 2014, the EDLA issued Pretrial Order #1, which set the initial pretrial conference before Judge Eldon E. Fallon, U.S.D.J., and solicited nominations for Liaison Counsel and Plaintiffs’ Steering Committee (“PSC”).

On January 16, 2015, the EDLA issued Pretrial Orders #2 and #3, which appointed Gerald E. Meunier and Leonard A. Davis as Co-Plaintiffs’ Liaison Counsel, and James B. Irwin as Defendants’ Liaison Counsel.

Continue Reading The Xarelto Court’s Utilization of Pretrial Orders and Case Management Orders to Guide and Control the Multidistrict Litigation

Xarelto (rivaroxaban) is a blood thinner that was approved by the U.S. Food & Drug Administration (FDA) in July 2011 to prevent strokes in patients who received hip and knee replacements. In November 2011, the approval was expanded to any patients with atrial fibrillation (irregular heartbeat). Xarelto has been widely prescribed, with millions of people taking the medication since it entered the market.

The number of lawsuits alleging injuries associated with ingestion of Xarelto continues to grow in the United States. Regulators in Canada recently announced investigations into reports of liver injuries that may be associated with Xarelto usage. The August 26 safety review cites numerous reports of liver injuries among Xarelto users. The Canadian government will continue to monitor the safety information involving Xarelto to assess the health risks of the medication.

The attorneys at Stark & Stark continue to pursue all legal redress available in the federal action, as well as state actions in Pennsylvania and New Jersey, for the benefit of its clients that have suffered injuries resulting from their use of Xarelto. If you feel you have experienced any side-effects from taking Xarelto, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturers of Xarelto.

Xarelto (rivaroxaban) is a blood thinner that was approved by the U.S. Food & Drug Administration (FDA) in July 2011 to prevent strokes in patients who received hip and knee replacements. In November 2011, the approval was expanded to any patients with atrial fibrillation (irregular heartbeat). Xarelto has been widely prescribed, with millions of people taking the medication since it entered the market.

Since its approval, there have been numerous reports of increased risk of injury when taking Xarelto, including, but not limited to:

  • Brain hemorrhage
  • Hemorrhagic stroke
  • Gastrointestinal bleeding

These events can be very serious and even life threatening since Xarelto is, by design, not monitored or regulated as closely as warfarin. Moreover, unlike warfarin, there is no antidote for Xarelto to stop uncontrolled bleeding.

Many of the pending lawsuits are centralized in federal court before the Honorable Eldon E. Fallon, in the Eastern District of Louisiana, as part of MDL 2592. Judge Fallon has entered a series of Case Management Orders that will maximize the efficient management of the litigation. The parties have agreed to case management tools that will make it easier to share information, file pleadings and communicate with the court. For example, the Court, along with the plaintiffs’ steering committee, has recently implemented a system known as MDL Centrality, which will enable plaintiffs to quickly share case-related information.

In addition, Judge Fallon recently held a “Science Day” to discuss and familiarize himself with relevant topics such as atrial fibrillation, coagulation and anticoagulation, clinical practice with Xarelto, adverse events with Xarelto and Xarelto pharmacology. These topics, among many others, were presented to the Court by physicians and scientists selected by counsel for both sides in the case.

The attorneys at Stark & Stark continue to pursue all legal redress available in the federal action, as well as state actions in Pennsylvania and New Jersey, for the benefit of its clients that have suffered injuries resulting from their use of Xarelto. If you feel you have experienced any side-effects from taking Xarelto, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the manufacturers of Xarelto.

Xarelto (Rivaroxaban) is a blood thinner that was approved by the U.S. Food & Drug Administration (FDA) in July 2011, to prevent strokes in patients who received hip and knee replacements. In November 2011, the approval was expanded to any patients with atrial fibrillation (irregular heartbeat). Xarelto has been widely prescribed, with millions of people taking the medication since it entered the market.

Since its approval, there have been numerous reports of increased risk of injury when taking Xarelto, including, but not limited to:

  • Brain hemorrhage
  • Hemorrhagic stroke
  • Gastrointestinal bleeding

These events can be life threatening since, unlike warfarin, there is no antidote for Xarelto to stop the bleeding.

As we have previously reported, many of the pending lawsuits are centralized in federal court before the Honorable Eldon E. Fallon in the Eastern District of Louisiana as part of MDL 2592. In addition to these cases, the filing of Xarelto cases in state courts, such as Pennsylvania, continues to rise.

If you feel you have experienced any side-effects from taking Xarelto, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the Xarelto manufacturers.

The United States Judicial Panel on Multi-District Litigation (MDL) recently convened to determine whether the cases, known as IN RE: XARELTO (RIVAROXABAN)

PRODUCTS LIABILITY LITIGATION, should be given MDL treatment. Granting MDL treatment consolidates all federal lawsuits filed across the United States into one centralized district. This consolidation streamlines the pretrial discovery process, allowing the parties to avoid duplicative discovery and inconsistent rulings from different judges.

The Judicial Panel granted MDL status and signed a Transfer Order on December 12, 2014. The cases will be consolidated and transferred to the Eastern District of Louisiana and presided over by the Honorable Eldon E. Fallon. The Judicial Panel decided the Eastern District of Louisiana was appropriate given the number of filings potential tag-along cases in that district and the fact that Judge Fallon is an experienced transferee judge with a willingness and ability to manage the litigation efficiently.

If you feel you have experienced any side-effects from taking Xarelto, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the Xarelto manufacturers.

Xarelto (Rivaroxaban) is a blood thinner that was approved by the U.S. Food & Drug Administration (FDA) in July 2011, to prevent strokes in patients who received hip and knee replacements. In November 2011, the approval was expanded to any patients with atrial fibrillation (irregular heartbeat).

Since its approval, there have been numerous reports of increased risk of injury when taking Xarelto, including, but not limited to:

  • Brain hemorrhage
  • Hemorrhagic stroke
  • Gastrointestinal bleeding

These events can be life threatening since, unlike warfarin, there is no antidote for Xarelto to stop the bleeding.

If you feel you have experienced any side-effects from taking Xarelto, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the Xarelto manufacturers.

Xarelto is marketed as an anticoagulant prescribed to reduce the risk of stroke, deep-vein thrombosis and pulmonary embolism. It is manufactured in the United States by Bayer and Johnson & Johnson’s New Jersey-based division, Janssen Pharmaceuticals. Lawsuits have been filed nationwide based on claims that Xarelto is responsible for injuries in some individuals.

Lawsuits allege that Xarelto was marketed as safer than warfarin, another anticoagulant, but recent studies, including from the Canadian Journal of Cardiology (December 2014 – Volume 30, Issue 12), suggest otherwise. The study allegedly found that the safety profiles of the drugs were nearly identical when it came to bleeding risks and other side effects common to blood thinners used to treat patients with atrial fibrillation.

If you feel you have experienced any side-effects from taking Xarelto, you can contact Stark & Stark and speak to one of the Mass Tort/Pharmaceutical Litigation attorneys, free of charge, who can help assess any claims that you might have against the Xarelto manufacturers.