Growing Xarelto Litigation Prompts Push for Federal Consolidation

Published on October 20, 2014 by admin

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A half dozen plaintiffs with Xarelto lawsuits currently pending in federal courts around the country are now looking to have their cases – along with potentially thousands of others – centralized before a single judge for coordinated pretrial proceedings. In a Motion filed earlier this month with the U.S. Judicial Panel on Multidistrict Litigation (JPML), the plaintiffs assert that centralization of the docket is appropriate because the claims involve similar allegations, and that creation of a multidistrict litigation will “promote the just and efficient conduct of the actions.”

Xarelto Litigation Could Involve Thousands of Cases

Among other things, the plaintiff’s Motion points out that at least 21 Xarelto lawsuits are currently pending in 10 federal courts, all of which allege that the use of the blood thinner caused patients to suffer grave and serious injuries. The Motion also asserts that thousands of similar claims could be filed in the near future, considering the rate at which Xarelto has been prescribed since its introduction to the U.S. market in 2011.

Finally, the Motion proposes the U.S. District Court, Southern District of Illinois as the most appropriate venue for the Xarelto litigation, citing the fact that it is home to the a consolidated proceeding involving Pradaxa. Pradaxa is a blood thinner in the same the class, and lawsuits involving its use raise many of the same issues likely to be at the center of Xarelto lawsuits.

If the JPML ultimately decides to establish a multidistrict litigation for these claims, all pending and future Xarelto injury cases will be sent to that proceeding. To preserve the resources of the court, parties and witnesses, the entire docket will undergo coordinated discovery and motions practices. This will also help avoid duplicative discovery and inconsistent court ruling across the docket. At some point, a handful of Xarelto lawsuits will be chosen for the litigation’s bellwether trials, and may help to ascertain outcomes in similar cases.

Hurt by Xarelto? Obtain a Legal Consultation Today

The Xarelto lawyers at Bernstein Liebhard LLP are now investigating potential legal claims on behalf of patients who suffered uncontrollable bleeding, pulmonary embolism, deep vein thrombosis or other complications that may be related to the blood thinner. To learn more, please call for a free legal consultation.

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