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Xarelto Lawsuit Update: 40 Xarelto Bellwether Jury Trial Cases to be Selected

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According to Xarelto Case Management Order 3 issued by U.S. District Judge Eldon Fallon, 40 cases will be chosen for the Xarelto bellwether pool, with each side selecting 10 cases and an additional 20 chosen randomly.

According to Judge Fallon’s plan:


Xarelto Bellwether Trials

The only criteria for the selection of the seven cases by the plaintiff and the defendant is that each must have at least 20 eligible cases pending in the litigation. Judge Fallon set the next status conference for December 21, 2015 and in the meantime, he has ordered the parties to meet to set the case selection eligibility criteria and decide on case categories. The parties have also been ordered to create a selection plan for the four cases that will be the first to go to trial. The first trial dates are expected to be between February and May 2017.

The Xarelto cases were consolidated into a multidistrict litigation (MDL) in December 2014, in an effort to combine resources to gather the facts and present them to a handful of juries in what are known as bellwether trials. Bellwether trials help to determine how juries may react to the evidence presented and can set the stage for future negotiations, potential settlements, and a quicker resolution of the litigation.

What is Xarelto?xarelto image

Xarelto is an anticoagulant that is used to prevent blood clots from forming due to an irregular heartbeat, after hip or knee replacement surgery, and to treat deep vein thrombosis and to prevent clots from forming again. Doctors have been searching for many years for an anticoagulant that didn’t require the stringent scrutinizing that warfarin does, and thought Xarelto might be the answer, until it was discovered that the blood thinner had become associated with numerous severe bleeding events, and as of yet, there is no effective antidote for Xarelto.

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