Federal Xarelto Litigation to Allow Direct Filing of Claims

Published on April 6, 2015 by Sandy Liebhard

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Individuals who allegedly suffered internal bleeding and other serious complications related to the anticoagulant medication will now be able to file their Xarelto lawsuits directly in the federal multidistrict litigation underway in the U.S. District Court, Eastern District of Louisiana. According to an Order issued by the Court on March 24th, direct filing will avoid the delays involved in transferring cases from other federal courts to the proceeding in Louisiana.

The Order notes that Bayer Healthcare and its Janssen unit have agreed not to raise any objections regarding improper venue in any of the Xarelto claims filed in the Eastern District of Louisiana.

Xarelto Litigations Move Forward in State, Federal Courts

The federal Xarelto litigation was established this past December for all product liability claims involving the blood thinner. Court documents indicate that nearly 300 lawsuits are now pending in the proceeding. Plaintiffs allege that the drug, which was first approved for sale in 2011, is associated with uncontrollable bleeding, deep vein thrombosis, pulmonary embolism, strokes and other life-threatening complications. They also claim that the manufacturers of the drug wrongly marketed Xarelto as an improvement over warfarin, and point out that the internal bleeding caused by the older medication can be stopped via the administration of vitamin K. By contrast, there is no approved antidote to stop Xarelto bleeding.

The multidistrict litigation underway in Louisiana is intended to allow all federally-filed Xarelto lawsuits to move through the courts in a more efficient manner. By consolidating the claims before one judge, duplicative discovery and inconsistent court rulings can be avoided. Once pretrial proceedings have been completed, all of the claims will be sent back to their original jurisdiction for trial, unless the parties reach Xarelto settlements to resolve the litigation.

Louisiana is not the only state where a consolidated litigation has been established for injury cases involving the blood thinner. In Pennsylvania, at least 178 similar claims have been consolidated in a mass tort proceeding underway in the Philadelphia Court of Common Pleas. An Order issued on March 23rd indicates that the judge overseeing that proceeding has taken steps to facilitate easier filing of future lawsuits by approving the use of a Master Long Form Complaint by all Pennsylvania plaintiffs.

The Xarelto lawyers at Bernstein Liebhard LLP are actively filing cases in state and federal courts, and our staff is available to review your case at no cost or obligation to you. To learn more about filing your own lawsuit, please call to get in touch with our legal staff.

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