Side effects such as uncontrollable bleeding have lead to thousands of lawsuits against the popular anti-blood clotting drug Xarelto. As the number of complaints continues to rise, judges are making developments to the multidistrict litigation on the federal and state levels.
Pretrial Order Sets Filing Deadline
Federal litigation Judge Eldon Fallon issued a Pretrial Order (No. 11E) on March 21, creating a May 20, 2016 deadline for filing short form complaints and bundled MDL Xarelto claims. After the imposed deadline, law firms must pay the full filing fee for all individual MDL claims, and will not be able to file bundled claims with just one filing fee. Additionally, claims filed after the May 20th deadline must be filed according to Local Court Rules and FRCP.
This action from Judge Fallon aims to limit law firms from waiting to file claims and to provide a clearer assessment of the potential volume of MDL cases. While unlikely, the order may be amended as the judge pleases.
Efficacy Claims Allowed in Pennsylvania MDL
Plaintiffs argue that Xarelto, marketed for its “once a day” dosage, leaves them vulnerable to injury when its anti-blood clotting effects wear off over 24 hours.
Judge Arnold New of the Philadelphia Court of Common Pleas, however, has recently permitted the ability for Xarelto users to file “Efficacy Claims” in the state’s multidistrict litigation. This ruling allows the filing of additional injury claims that resulted from complications of blood loss due to Xarelto usage.
It is yet to be seen whether or not such action will be taken by Judge Fallon on the federal level.