Lawyers from Pensacola's Levin Papantonio Thomas Mitchell Rafferty Proctor law firm helped lead the way to a $775 million global settlement with Bayer and Johnson & Johnson on claims they failed to warn about the risks of taking the blood thinner Xarelto.
The litigation involved nearly 25,000 claims pending in a multidistrict litigation in federal court plus nearly 2,000 pending in Pennsylvania state court. Six cases had been tried, and all of them are based on claims that Bayer and J&J subsidiary Janssen Pharmaceuticals failed to adequately warn about dangerous bleeding episodes.
At Levin Papantonio, shareholders Brian Barr and Ned McWilliams are among the lead plaintiffs attorney on the Xarelto cases.
The settlement came after numerous defense wins in both federal and state court. U.S. District Judge Eldon E. Fallon of the Eastern District of Louisiana had overseen the federal multidistrict litigation, and Judge Arnold New had been supervising the state mass tort program in Philadelphia.
In a statement to the press, Barr, who was plaintiffs co-lead counsel, said, “We're pleased that these drug companies have agreed to allow all these Xarelto patients to move their claims forward after years of seeking justice.”
Andy Birchfield of Beasley Allen, also co-lead counsel of the plaintiffs steering committee, said the accord is a “fair and just resolution for thousands of consumers who have substantial claims.” Plaintiffs liaison counsel Michael Weinkowitz of Levin Sedran & Berman, said, “The plaintiffs are pleased that the parties have come to an amicable resolution.”
The litigation included three defense verdicts in federal court and two defense verdicts in Philadelphia state court. The only plaintiffs win was a $28 million verdict in late 2017, which was later tossed out.
Attorneys from Wilkinson Walsh + Eskovitz were lead defense attorneys at several trials.
In a statement to news media, Bayer spokesman Chris Loder said the companies will equally share the settlement amount and Bayer's share will be partially offset by products liability insurance.
“Bayer continues to believe these claims are without merit and there is no admission of liability under the agreement. However, this favorable settlement allows the company to avoid the distraction and significant cost of continued litigation,” Loder said. Plaintiffs' liaison counsel in the Xarelto litigation, Michael Weinkowitz of Levin, Sedran & Berman, said “The plaintiffs are pleased that the parties have come to an amicable resolution.”
Janssen spokeswoman Sarah Freeman said in an emailed statement: “We believe this is the right thing to do for patients and their doctors. There is no admission of liability, and we remain steadfast that the claims raised in the litigation contradict years of scientific data and the U.S. Food and Drug Administration's safety and efficacy.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllPlaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute
4 minute readUS Judge Cannon Blocks DOJ From Releasing Final Report in Trump Documents Probe
3 minute readRead the Document: DOJ Releases Ex-Special Counsel's Report Explaining Trump Prosecutions
3 minute readTrending Stories
- 1Leaning Into ‘Core’ Strengths, Jenner’s Revenue Climbs 17%, Profits Soar 23%
- 2Frito Lays Could Face Liability for Customer's Grocery Store Fall Over Pallet Guard, Judge Rules
- 3Holland & Knight Expands Corporate Practice in Texas With Former Greenberg Traurig Partner
- 4Heir Cut: Florida Appellate Court Backs Garth Reeves' Will
- 5Class Action Allowed to Move Forward Against Philadelphia's 'Courtesy Towing' Program, Judge Rules
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250