Xarelto Bellwether Trials Set

Judge Eldon E. Fallon
Judge Eldon E. Fallon

The court in Xarelto MDL 2592 Federal Litigation has set four cases for trial in the spring of 2017 in the Eastern District of Louisiana.

  • February 6
  • March 13
  • April 24
  • May 30

Judge Eldon E. Fallon selected these bellwether cases from an initial pool of 40 lawsuits.

Xarelto is a blood-thinning drug manufactured by Bayer Healthcare AG and Janssen Pharmaceuticals, a division of the Johnson and Johnson Corporation. Xarelto has been the focus of a 2,800 lawsuits filed in MDL 2592, alleging that consumers who took the drug face a risk of spontaneous and uncontrollable bleeding. Xarelto has been associated with gastrointestinal bleeding, blood clots, brain hemorrhages and strokes. Plaintiffs also charge that the manufacturers of Xarelto failed to warn public and medical professionals about the very serious risks.

John Ray has been a leading consultant to the Mass Tort industry for over a decade. His unique skill sets make him well suited to both teaching and consulting in the Mass Tort arena.
John Ray has been a leading consultant to the Mass Tort industry for over a decade.

“When evaluating the legal viability of a case involving a pharmaceutical product it is imperative to consider the potential impact of the Learned Intermediary Doctrine,” says mass torts expert John Ray. “The manufacturer has a duty to warn the end user regarding the risk associated with their product.

“If the manufacturer can demonstrate that the prescribing physician was adequately warned about the risk versus the benefits related a product, it may be insulated from liability for any risk which was adequately warned. The Learned Intermediary Doctrine may apply even if consumers received no warning whatsoever regarding the risk for which their physician was educated,” he says in Xarelto On The Raydar.

 

Attorney Frequently Asked Questions

Many attorneys ask, “How do I get my named placed on the docket sheet as an attorney of record?”

The names of the attorneys listed on an initial pleading filed on behalf of a party are placed on the docket sheet. Pursuant to LR 83.2.12, where counsel has appeared for any party, other counsel may appear for the same party only:

A. Upon motion of counsel of record for that party, or motion consented to by him or her; or

B. Upon motion, after counsel for the party has been permitted to withdraw or has died, or is incapacitated, or cannot be found; or

C. Upon motion of a party after notice to counsel of record.

Subscribers to Mass Tort Nexus can download a Xarelto Exemplar Master Complaint.

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