Thousands of lawsuits have recently been filed by victims of the popular anti-blood clotting drug Xarelto, which can lead to uncontrollable bleeding in users due to its lack of a bleeding antidote.
Marketed for its “once a day” dosage, the defective drug also poses risks to consumers when its effects wear off during the day or night, leaving them vulnerable to the very complications that Xarelto is supposed to prevent.
Now, Pennsylvania Judge Arnold New has allowed Xarelto users the ability to file “Efficacy Claims” in the state’s multidistrict litigation, making it possible for additional claims to be filed regarding non-bleeding injuries caused by Xarelto. This is a win for plaintiffs who have suffered additional injuries stemming from blood clots, though the allowance of Efficacy Claims is currently limited to the Philadelphia Court of Common Pleas.
Deadline for Filing
Federal litigation Judge Eldon Fallon has issued a Pretrial Order (No. 11E) for filing bundled MDL Xarelto claims, setting a deadline of May 20, 2016 for short form complaints. After the May deadline, each individual MDL claim will require the full filing fee, and law firms will not be allowed to file additional claims using only one filing fee. Also, any claims filed after the deadline will need to be filed according to Local Court Rules and FRCP.
This order and deadline should prevent law firms from waiting to file claims and give the judge a more accurate assessment of the potential number of cases in the MDL. The order may be amended, though unlikely.