Defense Verdict in 3rd Xarelto Bellwether Trial

This month, a jury in the third bellwether trial over the blood thinner Xarelto has sided with defendants Janssen Pharmaceuticals Inc. and Bayer. The jury deliberated for approximately three hours. Unlike the first two bellwether trials that took place in New Orleans, this one took place in Jackson, Mississippi. 

More than 18,000 cases have been filed in the MDL in New Orleans. Many more have been filed throughout the country in other state-consolidated actions. All lawsuits allege that Xarelto, an anticoagulant used to treat blood clots, caused plaintiffs to suffer from uncontrollable bleeding resulting in injury or death.

Pittman, Dutton & Hellums, P.C., is currently investigating Xarelto cases. If you or a loved one were prescribed Xarelto and suffered an irreversible internal bleeding that lead to hospitalization and/or death, contact Booth Samuels at toll free 1-866-515-8880 or by email at booths@pittmanudutton.com

Second Xarelto Bellwether Trial Ends With Defense Verdict

The second bellwether trial in the Xarelto MDL ended with a defense verdict. The jury received the case this last Monday, and deliberated for a few hours before reaching their verdict. The plaintiff in the case suffered a stroke and alleged it was caused by Xarelto. Most of the 18,000 cases filed in the MDL allege bleeding events that led to hospitalization. It is unclear if the Plaintiff will appeal. This is the second trial in a row the plaintiffs have lost.

The plaintiff in the first bellwether trial, who also received a defense verdict from the jury, is asking for a new trial. That plaintiff alleged a gastrointestinal bleed for which he required hospitalization and blood transfusions. Although he is appealing on several grounds, one of his main contentions is that he was prevented from presenting the jury with evidence that a blood clotting test called Neoplastin PT should have been provided to patients in order to monitor any adverse reactions from Xarelto.

Plaintiffs' Experts Can Testify at Xarelto Trial

With the first Xarelto bellwhether trial starting this week, several Daubert motion rulings by presiding Judge Fallon will surely have an impact on the outcome. Judge Fallon admitted four of the Plaintiff’s key expert witnesses in two of the upcoming bellwether trials.

Defendants Janssen and Bayer unsuccessfully tried to block the admission of key expert witnesses. The expert witnesses admitted to testify are Dr. Suzanne Parisian, an expert in the field of FDA regulation; Dr. Laura Plunkett, who will testify about drug pharmacology, general causation, regulatory matters and the adequacy of labels for both prescription and non-prescription drugs; Dr. David Kessler, who will be offering testimony in regards to the conduct of pharmaceutical companies; and Dr. Nathaniel Winstead, who will be called to support the Plaintiff’s position on the probable cause of the Plaintiff’s gastrointestinal bleed.

The Court also allowed the Plaintiffs’ expert witnesses to express opinions regarding the bleeding risk of Xarelto and how it would be reduced if a doctor monitored their patients. “Because of Xarelto’s short half-life and the variability in patients, some patients will retain more Xarelto in their system and will be subject to a greater bleeding risk,” Judge Fallon said.

Judge Fallon also excluded defense expert Dr. James A. Reiffel, who was going to offer the preposterous testimony that patients might have abruptly stopped taking Xarelto due to attorney-led advertising.

The Plaintiffs did not win every Daubert battle, however. Ruling for the pharmaceutical giants, the Judge said that their experts could testify about what might have happened to the Plaintiffs if they had taken a different anticoagulant. The court also will allow several other defense experts to testify, but did limit the extent of their opinions.