Federal Preemption Talks In Process Over Xarelto Lawsuits

Federal Preemption Talks In Process Over Xarelto Lawsuits

Introduction

Bayer and Johnson & Johnson are seeking interlocutory appeal over Xarelto lawsuits filed against them, asking the U.S. Court of Appeals for the Fifth Circuit to dispose of claims in the litigation, avoiding the need for further trials. An earlier motion filed by the defendants for federal preemption was rejected by Judge Fallon. A status conference to hear oral arguments regarding certifying the appeal was held on June 27.

As per the motion filed by Bayer and J&J on June 4, the enormous time required to resolve almost 1,200 Xarelto claims could be reduced by passing a pre-emption law in their favor. The defendants asserted that this would save the effort of the judicial system as well as the parties involved in the litigation. In the response filed on June 14, the plaintiffs debated that the federal preemption issue had already been concluded by the court using well-defined existing law and that granting the interlocutory appeal would unnecessarily delay the litigation.

Xarelto bellwether trials conducted in 2017, concluded with jury favoring the defendants in all three trials. Lawsuits claiming uncontrolled bleeding due to the blood thinner drug are consolidated as part of multidistrict litigation (MDL No.2592; In Re: Xarelto (Rivaroxaban) Products Liability Litigation) presided over by Judge Fallon in the Eastern District of Louisiana.