A series of four bellwether trials in the federal multi-district litigation for Xarelto are set to begin in August 2016.
Over the past several months, all product liability complaints involving the blood thinning medication have been consolidated before U.S. District Judge Eldon E. Fallon in the Eastern District of Louisiana.
Judge Fallon has called for the selection of 50 plaintiffs to be included in the bellwether trials for the Xarelto Multi-District Litigation (MDL), according to a minute entry document from June 22, 2015.
The first Bellwether Trials scheduled for Xarelto is scheduled to begin on August 1, 2016, followed by the second trial on August 22, 2016, a third trial on September 12, 2016, and the fourth trial on October 17, 2016. The court suggested the first two trials would take place in the Eastern District of Louisiana, the third trial would take place in the Southern District of Texas, and the fourth trial would take place in the Southern District of Mississippi.
What is a Bellwether Trial?
The term bellwether is derived from the ancient practice of belling a wether (a male sheep) selected to lead his flock. The ultimate success of the wether selected to wear the bell was determined by whether the flock had confidence that the wether would not lead them astray, and so it is in the mass tort context, according to “Bellwether Trials in Multidistrict Litigation.”
Bellwether by definition is a person or thing that shows the existence of direction of a trend; index.
Courts use bellwether trials when a large number of plaintiffs are proceeding on the same theory or claim and there is no way to handle to the massive caseload.
In Bellwether trials, a group of plaintiffs are chosen to represent all the plaintiffs. According to USLegal.com, the issues for trial should concern common claims or theories among all the plaintiffs.
In the lawsuits pending in the Xarelto MDL, all involve similar allegations that Bayer and Johnson & Johnson’s Janssen subsidiary failed to adequately warn consumers about the potential bleeding risks with Xarelto.
The representative cases go to trial and the results act as the bellwether for the other plaintiffs’ trials. The trials allow attorneys on both sides to predict how future court cases will go.
Currently, there are at least 552 bleeding lawsuit pending in the Xarelto MDL.
If you have any questions on your Xarelto case or the legal process with your Xarelto case, please contact our lawyers at 1-800-Salvi-Law or Xareltoaid.com.