Caseload Growing in Philadelphia Against Rex and Argon in IVC Filter Litigation

Option Elite IVC Filter Litigation Rex Medical L.P., the designer of the Option and Option Elite IVC Filters as well as the distributor of these products, Argon Medical, face a growing number of lawsuits related to injuries that plaintiffs’ complaints allege were caused by these devices. (See a detailed list of complaints and attorneys below.)

We believe the majority, if not all, claims against Rex and Argon have been filed in the Philadelphia Court of Common Pleas. Plaintiffs claim that jurisdiction is proper in the Philadelphia Court of Common Pleas under Pennsylvania Law partially due to the Pennsylvania citizenship of Rex Medical.

Although attorneys practicing in the IVC Filter litigation are well aware of the Bard  IVC Filter Litigation and Cook IVC Filter Federal Multidistrict Litigation, far less has been published about the Rex and Argon Medical IVC Filter Litigation underway in Philadelphia.

Pennsylvania allows for consolidation of common claims brought by plaintiffs against the same defendant. Although these consolidations are not Federal MDLs, they function much in the same manner.

Claims may be brought by plaintiffs against defendants in these consolidated litigations without regard to the plaintiff’s citizenship, so long as the plaintiff’s citizenship is within the United States.

Numerous medical device and pharmaceutical consolidated litigations have been heard in the Philadelphia Court of Common Pleas including the Risperdal Product Liability Litigation as well as a consolidated Xarelto Product Liability Litigation which is currently on going, while a Federal MDL also exists related to the same basic issues.

Currently, Judge Arnold New has designated the cases against Rex/Argon to the “Complex Litigation” track. Although the cases have yet to be consolidated for adjudication in the MDL-like process, we expect this to occur as more cases are filed in the Pa. Court of Common Pleas.

Judge New oversees all consolidated litigation in the Court of Common Pleas.

 

Plaintiffs Cases Filed Against Rex Medical and Argon Medical

Philadelphia Court of Common Pleas

Click on the Case Description to Access all documents including complaints for individual plaintiff cases:

Case Description

Date Filed

Case ID

Plaintiff Residence

Filter

Injury

DURBIN VS REX MEDICAL  17-Oct-16 161002290 California Option Efficacy

Injury

STOKAN VS REX MEDICAL  10-Oct-16 161001150 Arizona Option

Elite

Occlusion

Penetration

DUGAS VS REX MEDICAL 9-Sep-16 160900897 Texas Option Fracture

Migration

HARRIS VS REX MEDICAL 14-Jun-16 160601343 Georgia Option Injury

Other

MILLER VS REX MEDICAL 14-Jun-16 160601344 Louisiana Option Injury

Other

CASEMAN VS REX MEDICAL 7-Mar-16 160300207 Ohio Option Irretrievable

Injury

MONPLAISIR VS REX MEDICAL  3-Oct-16 161000070 Florida Option Injury

Death

AMOUR-WEST VS REX MEDICAL 13-Oct-16 161001566 Tennessee Option Injury

Other

STRODE VS REX MEDICAL  6-Sep-16 160900127 Tennesse Option Injury

Death

TURNER VS REX MEDICAL 5-Aug-16 160800773 Mississippi Option Fracture

Migration

THOMAS VS REX MEDICAL 8-Apr-16 160400816 Colorado Option

Elite

Irretrievable

Embedded

 Attorneys Filing Cases Against Rex Medical and Argon Medical

Philadelphia Court of Common Pleas

 

EISENBERG, ROTHWEILER, WINKLER, EISENBERG & JECK, P.C.

 

Stewart J. Eisenberg
Spruce Street Philadelphia, PA 19103
stewart@erlegal.com
215.546.6636

Villari Brandes & Giannone P.C.
Peter M Villari
Nicole T. Matteo
8 Tower Bridge
Suite 400
161 Washington Street
Conshohocken, PA 19428
(610) 832-8050
SEEGER WEISS LLP

Terri Anne Benedetto
1515 MARKET STREET, SUITE 1380
PHILADELPHIA PA 19102
tbenedetto@seegerweiss.com
(215)564-2300

NASTLAW LLC
1101 MARKET STREET
SUITE 2801
PHILADELPHIA PA 19107
(215)923-9300
 CURTIS LAW GROUP
William B. Curtis
12225 Greenville Ave
Suite 750 Dallas, TX 75243
bcurtis@curtis-lawgroup.com
214.890.1000
LAW OFFICES OF BEN C. MARTIN  
Ben C. Martin
3710 Rawlins Street, Suite 1230
Dallas, Texas 75219
bmartin@bencmartin.com
214.761.6614
FREESE AND GOSS, PLLC

 

Tim K. Goss
2905 Sackett St.
Houston, Texas 77098
tim@freeseandgoss.com
713.522.5250

MATTHEWS & ASSOCIATES
David P. Matthews
Lizy Santiago
3031 Allen Street, Suite 200
dmatthews@thematthewslawfirm.com
lsantiago@thematthewslawfirm.com
214.761.6610
Lopez McHugh, LLP

 

James J. McHugh, Jr
Carrie R. Capouellez
214 Flynn Avenue Moorestown
NJ 08057
ccapouellez@lopezmchugh.com
(856) 273-8500

Wagstaff & Cartmell, LLP

 

Thomas P. Cartmell
David C. DeGreeff
4740 Grand Ave.
Suite 300
Kansas City, MO 64112
(816) 701-1100

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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.

 

 

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