First of 15,000 Xarelto Lawsuits Heading for Trial

XARELTOWith the first of 15,000 lawsuits heading to trial on March 13 against the makers of blood-thinner Xarelto, Judge Eldon E. Fallon set a briefing schedule for dispositive motions and Daubert motions for the first two bellwether trials.

In pretrial order No. 2C filed on Dec. 20, the following briefing schedule is set for Xarelto MDL 2592 Federal Litigation:

For dispositive motions regarding the first two bellwether trials:

  • Motions and Briefs: December 30, 2016
  • Response in Opposition Briefs: January 26, 2017
  • Reply Briefs: February 3, 2017
  • Hearing and Argument (if necessary): February 10, 2017

For Daubert motions regarding the first two bellwether trials for experts whose depositions are concluded on or before December 15, 2016:

  • Motions and Briefs: December 30, 2016
  • Response in Opposition Briefs: January 23, 2017
  • Reply Briefs: February 3, 2017
  • Hearing and Argument (if necessary): February 10, 2017

For Daubert motions regarding the first two bellwether trials for experts whose depositions are concluded after December 15, 2016:

  • Motions and Briefs: February 3, 2017
  • Response in Opposition Briefs: February 24, 2017
  • Reply Briefs: March 3, 2017
  • Hearing and Argument (if necessary): March 8, 2017

14,465 actions have been filed in the federal MDL in Louisiana (up from 10,769 cases in October). Meanwhile, approximately 1,100 claims have been docketed in the Philadelphia Court of Common Pleas, and the number of claims before Judge Arnold New is increasing. The Philadelphia court has set 10 Xarelto cases for bellwether trials for next fall.

Plaintiffs’ attorneys are encouraged by actions taken with another new-generation blood thinner called Pradaxa that shares many similarities with the drug Xarelto. Rather than go to trial, Pradaxa’s maker opted to settle all the lawsuits with a $650 million settlement in Dec. 2014, with individual settlements ranging up to $500,000. It is the hope of many of the plaintiffs in the Xarelto cases that they will also be the beneficiaries of a settlement by the makers of Xarelto.

 

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