This happened quickly. Xarelto came on to the market three years ago. Now there is a class action type MDL that has been created because there are too many lawsuits. This does not speak well to this drug and it does not speak well to Johnson & Johnson and Bayer, who introduced Xarelto with so much pomp, circumstance and excitement that it might be a drug that could really change the quality of people’s lives.
What the MDL Means?
I always call an MDL a “sort of” class action. All federally filed cases — which is the vast majority of these claim and virtually all of the Maryland claims — are consolidated under one federal judge in a single jurisdiction, Louisiana in this case. When a lawsuit is filed, the lawyers have an opportunity to conduct discovery where both sides get a chance to learn about the case. In the Xarelto lawsuits, there are some facts common to all of these claims. The biggest issue is going to be what Bayer and J&J knew or should have known about the bleeding risks associated with Xarelto.