Xarelto Maker and Marketer, Bayer AG and Johnson & Johnson, are both resisting the creation of a multi district litigation court (MDL) to handle Xarelto cases. Bloomberg reported last week that Bayer AG and Johnson & Johnson, the companies that make and market Xarelto, respectively, do not want to centralize 50 lawsuits into one federal court under one judge. The lawsuits are currently pending in 15 federal courts across the nation. Lawyers representing alleged Xarelto victims who say they have suffered severe bleeding events because of the drug, claim the drug has killed some 65 people since it was approved in 2011. In addition, petitions charge that Xarelto lacks an antidote, which might increase a user’s risk of uncontrollable bleeding.
The number of Xarelto cases could grow if the lawsuits are centralized in one Multi-District Litigation (MDL) court. Centralizing lawsuits can improve efficiency, add convenience for witnesses, reduce the risk of conflicting rulings, help expedite settlements or other resolution through early trials.
Plaintiffs requested the MDL be placed in U.S. District Court for the Southern District of Illinois, presided over by Judge David Herndon.
Bayer and Johnson & Johnson oppose MDL-court coordination of the Xarelto lawsuits; but if coordination is ordered, they have requested location in New Jersey, where both Bayer and J & J are headquartered.
Xarelto is made by Bayer, but it is marketed in the U.S. by Johnson & Johnson.
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