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

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

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

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

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