So far there are 700 cases and climbing in the litigation consolidated in Connecticut, according to mass tort expert John Ray of Mass Tort Nexus in Fort Lauderdale, and plantiffs can file there regardless of the state or original jurisdiction.
Before the first case was tried in the federal MDL, German drug maker Boehringer Ingelheim settled 4,590 cases involving Pradaxa (Dabigatran) for a total of $650 million in May 2014. Patients and their families claimed that Boehringer failed to properly warn them that the drug, which is used to prevent blood clots, caused serious and sometimes fatal bleeding that could not easily be reversed.
The average case settled for $160,000 in 2014, with some settlements valued up to $500,000, according to a grid created by US District Judge David R. Herndon.
Shortly after its release to market in 2011, Pradaxa was surrounded by more than 3,500 reports of serious adverse events. More than 750 of these reports involved the death of a Pradaxa patient. The federal MDL was created in August 2012 and the settlement came only 18 months later. The litigation produced 80 million pages of documents and the deposition of 48 defense corporate witnesses.
Qualifications to file
According to Ray, who spoke in a National Trial Lawyers webinar, following are the criteria to file in the state court:
- The action cannot be filed previously in the federal MDL.
- The client was not represented (signed) prior to 05/28/2014.
- Applicable law for a Pradaxa injury without a death: Connecticut (with a 3-year statute of limitations).
- Applicable law for a wrongful death case: state of original jurisdiction.
- Filing deadline: 07/27/2017 for non-death cases. This date is set by the statute of limitations, and no case filed after this date will be viable in the Connecticut litigation.
Click to read more facts about the Connecticut Judicial Branch Complex Litigation Docket