PA Court Now Allows Ischemic Stroke Claims in Xarelto Litigation

Ischemic strokeIn an important new ruling, Judge Arnold L. New in the Philadelphia Court of Common Pleas amended the master and short form complaint to allow for Ischemic Stroke Claims to be made in that court.

The court covered several topics when it issued Case Management Order #10 on June 6:

Ischemic Stroke Cases Instituted By The Filing Of Long Form Complaints

  • All Plaintiffs who have previously filed Xarelto cases alleging ischemic stroke using a long form complaint shall file a Second Amended Long Form Complaint in the form within 20 days of this Order.

Expert John Ray, a leading consultant to the Mass Tort industry, explained the significance, saying, “these ischemic stroke cases are related to Xarelto being marketed as a one-time per day drug. All that the drug manufacturers did was double the dose and say you only need to take it once per day. They did this for a marketing advantage.

“The problem is that the patient is over-anticoagulated the first half of the day and under-anticoagulated the remaining time before next dose. This leaves the patient unprotected from what Xarelto is suppose to protect them from for the last half of the dose day and more likely to bleed in the first half of the day.”

The defendants in the state litigation include:

  1. Janssen Research & Development LLC
    2. Janssen Pharmaceuticals. Inc.
    3. Janssen Ortho LLC
    4. Johnson & Johnson.
    5. Bayer Healthcare Pharmaceuticals. Inc.
    6. Bayer Pharma AG.
    7. Bayer Corporation.
    8. Bayer Healthcare LLC.
    9. Bayer Healthcare AG.
    10. Bayer AG.

Second Amended Master Long Form Complaint

  • The Court Directs that Plaintiffs’ Second Amended Master Long-Form Complaint and Jury Demand to this Order shall be filed on the Master Docket.
  • The Second Amended Master Long-Form Complaint and Jury Demand will substitute for and supersede all Complaints filed in individual Xarelto cases pending in the Philadelphia County Court of Common Pleas.
  • Defendants (other than those relieved from any answer obligation under CMO-3
    shall have 60 days from the entry of this Order to answer or plead to the Second Amended Master Long-Form Complaint.

Short-Form Complaint–Previously Filed Cases

  • All Short Form Complaints previously filed on or before the date that the Clerk files the Second Amended Master Long-Form Complaint and Jury Demand pursuant to this Order are hereby deemed to incorporate the Second Amended Master Long-Form Complaint and Jury Demand without the need of any plaintiff to take any action to amend their Short Form Complaints that already been filed in this case.

Short-Form Complaint–Newly Filed Cases

  • All Xarelto cases filed after the date of this Order shall be instituted by the filing of a Writ of Summons or a Second Amended Short Form Complaint. If suit is instituted by a Writ of Summons, the Writ of Summons must denote the case to be part of this Mass Tort Program and any named Defendant may file a Rule to File a Complaint, which shall apply to the benefit of all named Defendants.

“This is very important news,” Ray said. “The Ischemic Stroke claims, often referred to as ‘efficacy’ claims, cannot be brought in the Federal multidistrict litigation docket (MDL) because the argument was not made there. Only hemorrhagic  strokes can be brought in the federal MDL.”

US District Judge Eldon E. Fallon is overseeing Xarelto Products Liability Litigation MDL 2592 , based in New Orleans, LA. Click to find out more about Xarelto MDL 2592 Important Developments.

 

 

Larry Bodine

Attorney Larry Bodine is Editor of Mass Tort Nexus, and the Editor of The National Trial Lawyers. He is the former Editor in Chief of Lawyers.com and the American Bar Association Journal. He is a cum laude graduate of both Seton Hall University Law School and Amherst College.

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