A case management order has been issued in the Xarelto multi district litigation (MDL) that outlines the injury categories into which Xarelto lawsuits must be classified to be considered for potential bellwether trials.

These bellwether cases are scheduled as part of the larger multidistrict litigation created to manage thousands of cases related to the allegations that the blood thinner medication causes serious internal bleeding problems.

U.S. District Judge Eldon Fallon issued Case Management Order No. 4 on Dec. 17 to outline the next steps in the discovery process for the MDL, which is taking place in the Eastern District of Louisiana.

The bellwether trials will help to determine a jury’s response to the evidence presented regarding alleged Xarelto problems, set precedent for future trials, and encourage large-scale settlements.

Participants are engaged in a general discovery process to apply to all cases at this time. However, by issuing the order related to possible injury categories, Judge Fallon grouped potential lawsuits to be representative of distinct types of alleged Xarelto injuries.

Xarelto Injury Categories

Judge Fallon broke down categories for Xarelto lawsuits in connection to the type of Xarelto injury and reason for prescription. Xarelto injury types include:

• Gastrointestinal bleeding
• Rectal bleeding
• Brain bleed/hemorrhagic stroke

Each Xarelto lawsuit proposed as a bellwether case is to be classified according to the severity of the injury, for example gastrointestinal bleeding is more serious than a nosebleed, if both were alleged as injuries in a single case.

The reasons for prescribing Xarelto were also set forth into three categories: reducing the risk of stroke, treating deep vein thrombosis, or treating a pulmonary embolism.

Both the defense and plaintiff attorneys submitted 10 possible cases to be included in the Xarelto bellwether pool in mid-January, with specific quotas for cases based on the state of origin.

Both sides were encouraged to pick cases that fall into each of the categories outlined above, though there is no specific requirement that they do so. The court itself also added 20 cases to the pool on Jan. 15. Bellwether trials are expected to take place between February and May of 2017.

Xarelto Lawsuits

Over 2,400 federal Xarelto lawsuits have been filed over internal bleeding complications alleged by plaintiffs. The drug hit the market in 2011 and was touted as a superior treatment compared to the standard blood-thinner, warfarin.

It was reportedly less complicated to use, requiring less frequent blood monitoring and less dietary restrictions. However, subsequent studies have questioned many of the initial claims put forward about Xarelto, including the claim that the drug is safer than the industry standard warfarin.

At the core of many Xarelto problems is the fact that Xarelto lacks an antidote should internal bleeding occur, leading doctors with few options to treat a life-threatening bleed in the brain and gastrointestinal tract. By comparison, a bleeding even associated with Warfarin can be reversed with a dose of Vitamin K and fresh frozen plasma.

If you or a loved one suffered from serious Xarelto problems or complications including gastrointestinal bleeding or hemorrhaging, you may be able to file a Xarelto lawsuit.