Right before the holidays, a federal panel of judges placed numerous Xarelto lawsuits before one court for coordinated pretrial management. The U.S. Judicial Panel on Multidistrict Litigation centralized before the U.S. District Court for the Eastern District of Louisiana 21 federal Xarelto lawsuits that were filed in 22 judicial districts.
The Washington-based panel acknowledged that the centralized lawsuits were accompanied by "30 potential tag-along actions," with more litigation presumably to follow.
Meanwhile, attorneys with the Xarelto Litigation Team at Reich & Binstock are investigating for the possible filing of Xarelto lawsuits the allegations of patients and their loved ones who believe the blood thinner is connected to severe irreversible bleeding injury. For those who believe their bleeding injuries are the result of taking Xarelto (rivaroxaban), the time to seek legal representation is now.
Manufacturer Janssen Pharmaceuticals is one of the defendants.
Janssen and other defendants opposed centralization of these lawsuits. Among numerous arguments against centralization, defendants claimed that "individualized facts" concerning each patient's case - to include medical history, dosage and alleged injuries - are more important than the generalized issues about the drug's alleged bleeding risk.
Nevertheless, the panel did not buy it, writing in its order, "While we agree that these actions present a number of individualized factual issues, the existence of such issues does not negate the common ones."
The panel thus concluded, "On the basis of the papers filed and the hearing session held, we find that the actions ... involve common questions of fact and that centralization will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation. These actions share common factual questions arising out of allegations that plaintiffs suffered severe bleeding or other injuries as a result of taking Xarelto (rivaroxaban) and that defendants did not adequately warn prescribing physicians or consumers of the risks associated with Xarelto, including the potential for severe or fatal bleeding and the unavailability of a reversal agent to counteract Xarelto's anticoagulation effects. Issues concerning the development, manufacture, regulatory approval, labeling, and marketing of Xarelto thus are common to all actions."
Ideally, according to the panel, centralization "will eliminate duplicative discovery; prevent inconsistent pretrial rulings; and conserve the resources of the parties, their counsel and the judiciary."
The U.S. Food and Drug Administration since 2011 approved Xarelto for the following purposes:
- To reduce the risk of deep vein thrombosis, or DVT, and pulmonary embolism, or PE, that might occur following knee replacement or hip replacement surgery
- To actually treat DVT and PE and to reduce their recurrence following initial treatment
- To reduce the risk of stroke in people who have a type of abnormal heart rhythm called non-valvular atrial fibrillation
The product liability attorneys at Reich & Binstock have extensive experience with multidistrict litigation cases. The partners of the firm have even served on several national MDL steering committees.
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