After three straight losses in federal court, plaintiffs suing Janssen Pharmaceuticals and Bayer over the blood thinner Xarelto won a hard-fought victory last week with a nearly $28 million verdict. The award breathes new life into the litigation, but with appeals likely and a new class of plaintiffs on the horizon, plaintiffs counsel aren’t expected to simply rinse, wash and repeat.
On Dec. 5, after nearly a month of trial, a Philadelphia jury awarded Lynn Hartman $27.8 million over claims that the defendants failed to adequately disclose the risk that patients on Xarelto would suffer a bleed. The case was the first bellwether trial for plaintiffs in state court after three federal juries—two juries in Louisiana and one in Mississippi—found for the drugmakers.
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