A significant step has been taken in the ongoing Xarelto litigation. Recently, the judge presiding over the Xarelto MDL, United States District Judge Eldon Fallon, issued an order that set the first four trials of the Xarelto litigation. These trials are called the bellwether trials and according to Judge Fallon, will be selected from a group of about 40 Xarelto lawsuits that are slated to be included in the initial Xarelto bellwether discovery pool. These cases are expected to be selected in January 2016.
Update: June 2017 – two verdicts have been passed down in two Xarelto lawsuits.
Dates for Bellwether Trials Announced
Judge Fallon’s order outlines that the first two Xarelto bellwether trials will take place where the MDL is centralized, in the Eastern District of Louisiana. The first trial will beheld on February 6, 2017 and the second will be held on March 13, 2017. For the third trial, the venue will be moved to a Mississippi federal court house and will be held on April 24, 2017. The final scheduled trial will be held in Texas federal court on May 30, 2017.
What is a Bellwether Trial?
Bellwether trials are tools available to federal courts involved in mass tort litigation to help smooth the process out and speed it along for everybody. A bellwether trial specifically is a case that the court selects to allow both parties to test their arguments out in a full trial setting in front of a jury. To decide which cases will be used as bellwether cases, the judge and the parties involved in the litigation select cases that they believe are a representative sample of all the cases filed in the MDL. The cases will usually represent issues that will arise in every injured person’s case that will eventually come forward in the litigation.
The ultimate goal of the bellwether trials is to provide the parties involved with an estimate of what will happen when the rest of the cases go to trial. The verdicts that come out of the bellwether trials provide both sides and the judge with necessary information that could dictate whether the cases should be settled and what a reasonable settlement amount would be.
Predicted Outcomes of Xarelto Litigation
The results of the bellwether trials ultimately do dictate what will happen for the other cases consolidated in the Xarelto MDL, they only provide an estimate. The rulings from the bellwether cases may influence the results of later trials, or they may not. There is no way to predict whether the Xarelto lawsuits will settle or not, but when one considers the large number of cases filed in the MDL and the fact that these numbers are rising, it is very likely that the defendants, the manufacturers of Xarelto, Bayer AG and Janssen Pharmaceuticals, a subdivision of Johnson&Johnson, will probably settle the lawsuits.
The Xarelto MDL
The Xarelto MDL was formed in December 2014 after a motion was made to consolidate the rising number of lawsuits filed against the manufactures of Xarelto, Bayer AG and Janssen Pharmaceuticals. These lawsuits were able to be consolidated because they all similarly alleged that Xarelto caused serious internal bleeding which lead to injuries and death in patients taking the drug, that the manufacturers of Xarelto had knowledge of the dangers of the drug and failed to adequately inform patients and doctors of them, and that the manufacturers were reckless in releasing the drug to market without a corresponding antidote. More information about the Xarelto MDL can be found here.
How Do I File a Xarelto Lawsuit?
If you believe that you or a loved one were injured as a result of your Xarelto usage, you may be entitled to compensation for your injuries. You may feel confused and have many questions about the process. Check out our Xarelto FAQ page here and do not hesitate to contact us for a free case evaluation and consultation. our lawyers are available 24/7 to take your calls and discuss your case.