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.”
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