New Pretrial Order Issued for Xarelto MDL

New Xarelto Pretrial Order Released

The Xarelto MDL continues to move forward as a new pretrial order was released in late October, 2015. A new pretrial order has been released for the Xarelto multidistrict litigation. Pretrial Order 15B was released on October 21, 2015 by presiding Judge Eldon Fallon. The order, like several other pretrial orders that have been released thus far, is in regards to how evidence such as voice mails, text messages, and instant messages are to be preserved for trial. More detailed information about the ongoing Xarelto litigation can be found here.

The Details of Pretrial Order 15B

Supreme Court Pretrial Order 15B outlines how both parties will preserve all relevant voicemails, instant messages that were sent or received on an instant messaging system, and text messages sent or received on a cell phone, smartphone, tablet, or other mobile device for the trial. The order also outlines that the plaintiffs and defendants agree on these guidelines and that they will continue to meet and discuss the situation if any issues arise. The full Pretrial order can be found on this page.

Xarelto MDL Overview

This order is another step forward for the MDL, which was formed in Decermber of 2014 after a motion was made to consolidate the steadily rising number of lawsuits filed against the manufacturers of Xarelto, Bayer AG and Janssen Pharmaceuticals, a subdivision of Johnson&Johnson.
The lawsuits filed all made similar allegations against the defendants, the main allegation being that Xarelto causes uncontrollable internal bleeding that can lead to serious injuries and even death in patients. Further, the lawsuits allege that the manufacturers of Xarelto failed to adequately warn patients and doctors about the real dangers of the drug and that the manufacturers were reckless and negligent in releasing the blood thinner onto the market without a viable corresponding antidote.
The Xarelto MDL was created as a way to streamline the entire trial process for the plaintiffs, the defendants, and for the judicial system. The MDL is currently consolidated in the United States District Court for the Eastern District of Louisiana in New Orleans. Consolidating similar cases into an MDL saves on time, judicial resources, allows for a coordinated pretrial discovery process, and also allows for individual verdicts to be rendered on each case. This is very important for Xarelto cases because although the cases make similar allegations, the injuries for the plaintiffs greatly vary from case to case, thus requiring each verdict and potential settlement to be unique. This is very different from a class action lawsuit, something that MDLs frequently get confused with, because in a class action lawsuit the verdict and settlement is the same for all plaintiffs involved.
For any questions regarding this press release or the pending Xarelto litigation, please contact Marc Goldich at (866) 425-8902.
2016-10-25T16:45:14+00:00

About the Author:

Laurence P. Banville, Esq. is the managing partner of Banville Law. He is a regular contributor on several topics including products liability, nursing home abuse and personal injury.

Got a question for Laurence? Call him directly on: 917-633-4808

Leave A Comment