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With 5-0 Winning Streak, Bayer And J&J Move To Eliminate Remaining Xarelto Litigation

 
• By Brenda Sandburg

Firms want Fifth Circuit to review whether federal law preempts failure-to-warn and design-defect claims; ruling in their favor could end 20,000-plus pending US cases.

Courthouse Upward View

With a string of victories in Xarelto (rivaroxaban) product liability litigation, Bayer AG and Johnson & Johnson are seeking appellate review of rulings that had allowed the cases to go forward with the hope of getting some, if not all, of the remaining cases tossed.

The firms filed a motion asking Eastern District of Louisiana Judge Eldon Fallon, who is overseeing Xarelto federal multidistrict litigation (MDL), to grant pending summary judgment motions on the grounds that plaintiffs' failure-to-warn and design-defect claims are preempted by federal law

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